January 07, 2014 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
January 7, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 7, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht,
Council Member Gregory, Council Member King, Council Member Roden, and
Council Member Hawkins.
ABSENT: None
1.
Citizen Comments on Consent Agenda Items
Carol Beckham stated that she was speaking for Mr. Helms who was opposed to the amount of
the offer as noted in Consent Agenda M. They had submitted a counteroffer and she wanted to
make sure that it was received by the City. They had been through condemnations before and if
that was what was necessary, then that was what they would go through.
Wilma Haggard spoke regarding Consent Agenda Item L. She asked why she had not received a
notice regarding the council meeting.
2. Requests for clarification of agenda items listed on the agenda for January 7, 2014.
Council Member Gregory asked for a staff member to explain the procedures when making
offers for property.
Paul Williamson, Real Estate and Capital Support Manager, stated that staff would get an
authorization from Council to extend offers to the property owner. Staff needed authorization to
engage the property owners. The State statutes required the City to make an offer to the property
owners which the property owner could accept.
Council Member Gregory asked about the process for notification of the property owners and
how the value of the property was determined.
Williamson explained the process for notification and how the property value was determined
based on an appraisal.
Council Member Gregory stated that the maps in the backup materials for Consent Items O and P
showed houses on the properties. If the sale was completed, he questioned what would happen
to the structures.
Williamson stated that one of homes had a tenant who would be eligible for relocation
assistance. He would be able to remain in the home until the lease expired.
Council Member Gregory suggested considering moving the homes to another location for
renovation such as through Habitat for Humanity.
Council Member Roden felt that it was a good move to include the Superintendent of ISD on the
EDP Board as indicated in Consent Agenda I but questioned why it would be an ad hoc position
and not a full voting member.
City of Denton City Council Minutes
January 7, 2014
Page 2
Mayor Burroughs stated that it was his suggestion to have a representative of the ISD on the
Board. It was his understanding that they did not participate in the economic incentive
programs. However, the purpose of the position was recognized to be complimentary to use
ISD resources to attract business but not necessarily to engage in an active program to
committing resources.
3. Receive a report, hold a discussion and give staff direction on the initiation of the
Better Block Program.
Brian Lockley, Director of Planning and Development, presented the background information on
the issue which was a follow-up to the discussion held in September. He reviewed a summary of
the event, the process for Denton, timeframe, cost and project details. He also reviewed the
summary of the public meeting held on August 21, 2013. The process for the event included an 8
step process which would take about 3-4 months. The cost of the program was $40,000. Each
phase contained project descriptions and specific deliverables.
Lockley reviewed the Better Block program which was done by the City of Fort Worth.
However, it would be different in Denton as the Fort Worth program centered more on
activities of the city rather than the future of the area.
Suggested Better Block Demonstration project locations were shown which were located around
the City. Each location would have to be studied in order to get the most out of the funding for
the project. The amount of time spent from staff in relation to the actual cost would be less as
the consultant would be performing many of the tasks.
Council Member Roden asked if there were locations staff had in mind that the community also
had in mind.
Lockley stated that he would like to focus on the downtown area due to the current revitalization
of the area.
Council Member Roden asked if the consultant would do a walkthrough on how a final decision
would be made on a site between community members, staff and the consultant.
Lockley stated that they would look at a number of different options and present those to Council
for a decision. The location would be prioritized for Council discussion and the community
would decide on the final location.
Mayor Pro Tem Kamp asked if the consultant had done another project in a different city
Lockley replied yes. He noted that the price depended on the activities that were proposed.
Mayor Pro Tem Kamp stated that she supported the project but had a problem with the $40,000
cost. She questioned if the funds could be used better on the final project rather than the
consultant. She asked who organized the volunteers.
Lockley stated that there was a lot of interest already but that the consultant organized the
community members and took the lead.
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January 7, 2014
Page 3
Council Member Hawkins questioned if the City wanted to do this every year, how the
consultant would be involved.
Lockley stated that this was a one-time event and if done again, there would be another fee
associated with another event.
Council Member Engelbrecht questioned who selected the metrics.
Lockley stated the list shown was not the entire list that could be used. The most appropriate
metrics used would be based on the site selected. He continued that staff recommended
proceeding with the initiation of the Better Block Program.
Council Member Roden asked how this fit in with other neighborhood service goals.
Lockley stated that neighborhood services was still getting off the ground. Ultimately it would
become a part of the neighborhood services. It could also be used in the comprehensive plan area
as well.
Mayor Burroughs asked how the Better Block would compare to the small area plans as those
had not been used for a while.
Lockley stated that it was a more dynamic and useful tool than a small area plan. A small
area plan was more to prevent something from happening in the neighborhood rather than
something to enhance a neighborhood.
Mayor Pro Tem Kamp stated that as she looked at the program she felt it would not go into a
residential neighborhood but rather be something done downtown which would be her support
for the community. Later something could be done in the residential areas.
Mayor Burroughs felt that a small area plan did not work with mixed uses in the
neighborhoods. The Better Block program would work with the neighborhoods for mixed uses
for economic vitality and walkability in the neighborhoods.
Council discussed the walkability of the City and whether a Better Block program would
increase and better enhance the accessibility of the area.
Council Member Engelbrecht suggested contacting the local neighborhood groups regarding the
concept.
Consensus of the Council was to proceed with the proposal.
4. Receive a report, hold a discussion and give staff direction regarding the naming of the
Center for Visual Arts.
John Cabrales, Assistant City Manager, stated that a letter had been received from the Chamber
of Commerce indicating that they were looking at ways to formally recognize Roy Appleton, Jr.
in the city of Denton. The application was submitted by Mayor Burroughs and Council Member
King for the naming for Center for Visual Arts after Mr. Appleton. There had been
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January 7, 2014
Page 4
conversations between the Greater Denton Arts Council (GDAC) and the Chamber. The GDAC
indicated in a letter that it was not in favor of the request from the Chamber.
Mayor Pro Tem Kamp stated that she knew Mr. Appleton very well and was in support of
naming something after him. She questioned the suggestion of the CVA and not some other
facility.
Mayor Burroughs stated had been the subject of a lot of discussion at the Chamber. Because of
the nature of Mr. Appleton’s involvement in the City, the Chamber was trying to determine the
right building. It was not a building that defined Mr. Appleton but a facility that would
convey a building of great importance for the citizens.
Cabrales stated that staff was researching the contract with the GDAC to determine who had
naming rights. The Board was wanting to work with the Chamber and the City for a resolution.
Council Member Roden stated that the process required that a nominator come forward with a
name and building. He suggested that to start the process a committee be appointed with a
charge to help vet additional possibilities for a location.
Cabrales stated that the naming policy had a procedure for Council to establish a committee to
review locations. Council could also waive any portion of the policy in the process.
Council Member Gregory agreed that Mr. Appleton was worthy of naming a city facility. He did
not want it to be controversial. He questioned if there should be a bit more research done on the
naming for an agreeable process.
Council Member Hawkins agreed.
Council Member Engelbrecht felt that the Center for Visual Arts and Mr. Appleton was a good
fit as both were creative.
Council Member King felt that there should be a way to find a peaceful method to get this
building named for Mr. Appleton.
Mayor Burroughs felt that the direction from Council was to request the GDAC consider
supporting the application and give feedback after their next meeting.
Council Member Roden suggested getting their feedback on how to incorporate the name into
the brand of CVA.
Following the completion of the Work Session, the Council convened into a Closed Meeting to
consider the items listed below.
1. Closed Meeting:
A. 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 Gas Well Ordinance regulation of gas
well drilling and production within the City Limits and the extraterritorial
City of Denton City Council Minutes
January 7, 2014
Page 5
jurisdiction, including Constitutional limitations, statutory limitations
upon municipal regulatory authority, statutory preemption and/or impacts
of federal and state law and regulations as it concerns municipal
regulatory authority and matters relating to enforcement of the ordinance.
B. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the acquisition of real property interests
located (1) in the M.E.P. & P. R.R. Co. Survey, Abstract No.1469,
located generally in the 1500 block of North Mayhill Road; (2) in the
Gideon Walker Survey, Abstract No. 1330, located generally in the 700,
800 and 900 blocks of South Mayhill Road; and (3) in the David Hough
Survey, Abstract Number 646 and the John B. Brandon Survey, Abstract
No. 1515, located generally within the 1400 through 2100 block range of
South Mayhill Road, all tracts located in the City of Denton, Denton
County, Texas. Consultation with the City’s attorneys regarding legal
issues associated with the acquisition or condemnation of the real property
interests referenced above where a public discussion of these legal matters
would conflict with the duty of the City’s attorneys to the City of Denton
and 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. (Mayhill Road Widening and Improvements project &
Municipal Landfill)
2. Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the potential purchase of certain real
property interests located in the James Perry Survey, Abstract No.
1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract
No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton,
Denton County, Texas, and generally located along Western Boulevard
between Airport Road and Jim Christal Road. Consultation with the City’s
attorneys regarding legal issues associated with the potential acquisition
and condemnation of the real property described above where a public
discussion of these legal matters would conflict with the duty of the City’s
attorneys to the City of Denton and 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.
3. Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the sale of real property interests in the
William Neill Survey, Abstract 971, Denton County, Texas, being
generally located at 221 N. Elm Street and 217 W. McKinney Street.
Consultation with the City’s attorneys regarding legal interests related to
this matter where a public discussion of these legal issues would conflict
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January 7, 2014
Page 6
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.
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. Proclamations/Awards
1.UNT Heart of Dallas Bowl Win Proclamation
This proclamation was not considered that this meeting.
2. Peterbilt Motors Company 75th Anniversary Proclamation
Mayor Burroughs presented the proclamation for Peterbilt Motors and their 75th anniversary.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Lee Allison regarding Mission Street paving exaction.
Mr. Allison spoke regarding a Mission Street Paving exaction. He requested that Council
reconsider the exaction variance for the property. He felt there were inequities in the analysis of
the proportionality for the exaction fee. He requested that an appeal for the exaction be reopened
in order to be fairer in the exaction.
4. CONSENT AGENDA
Council Member Hawkins motioned, Mayor Pro Tem Kamp seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Burroughs
"aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member
Gregory "aye", Council Member King "aye", Council Member Roden "aye", and Council
Member Hawkins "aye". Motion carried unanimously.
Ordinance No. 2014-001
A. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Ambulance Agreement between
the City of Denton and Denton County for ambulance services; and declaring an
effective date.
City of Denton City Council Minutes
January 7, 2014
Page 7
Ordinance No. 2014-002
B. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Fire Protection Agreement
between the City of Denton and Denton County for fire protection services; and
declaring an effective date.
Ordinance No. 2014-003
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a lease agreement by and between the City of Denton,
Texas and Denton County Archers, a Texas not-for-profit corporation; and
providing an effective date. The Public Utilities Board recommends approval (6-
0).
Ordinance No. 2014-004
D. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) Cooperative Purchasing Program for the
acquisition of one (1) Aerial Fire Truck for the City of Denton Fire Department;
and providing an effective date (File 5437-Purchase of one (1) Aerial Fire Truck
from Siddons-Martin Emergency Group in the amount of $1,406,673).
Ordinance No. 2014-005
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for professional
engineering services in support of the development and implementation of a
Roadway Impact Fee and Rough Proportionality Policy for the City of Denton
with Kimley-Horn and Associates, Inc. in an amount not-to-exceed $276,500;
providing for the expenditure of funds therefor; and providing an effective date
(File 5436-awarded to Kimley-Horn and Associates, Inc.).
Ordinance No. 2014-006
F. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of a HazMat ID Elite Command System
for the City of Denton Police and Fire Departments (Funded 100 percent through
the 2012 Homeland Security Grant Program), 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 5443-awarded to Smiths Detection in the
not-to-exceed amount of $54,950).
Ordinance No. 2014-007
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of seven (7) Throwbot XT
Reconnaissance Robot Audio Kits for the City of Denton Police and Fire
Departments (Funded 100 percent through the 2012 Homeland Security Grant
Program), 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
City of Denton City Council Minutes
January 7, 2014
Page 8
(File 5444-awarded to ReconRobotics, Inc. in the not-to- exceed amount of
$99,190).
Ordinance No. 2014-008
H. Consider adoption of an ordinance authorizing the City Manager to execute a
Cooperative Purchasing Program Agreement with the City of Cedar Hill, Texas
under Section 271.102 of the Local Government Code, to authorize mutual
participation in various City of Cedar Hill 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 5430- Cooperative Purchasing
Agreement with City of Cedar Hill).
Approved the minutes listed below.
I.Consider approval of the minutes of:
November 19, 2013
November 22, 2013
Ordinance No. 2014-009
J. Consider adoption of an ordinance amending Ordinance No. 2003-258, as
amended by Ordinance 2011-042, relating to the Economic Development
Partnership Board ("the Board") to add to the membership of the Board; repealing
all conflicting ordinances and portions thereof; and providing an effective date.
Ordinance No. 2014-010
K. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire (I) fee simple to a 7.393 acre tract (the "Mayhill Tract"); (II) fee
simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement
(herein so called), encumbering a 0.804 acre tract, each affected tract located in
the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance and made a part thereof, located generally in the 1400 block of South
Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill tract and
the Slope Easement, the public use of expanding and improving Mayhill Road,
a municipal street and roadway; and (B) as concerns the Landfill Tract, for the
public use of expanding and improving the City of Denton Landfill, a permitted
municipal Solid Waste disposal facility; authorizing the City Manager or his
designee to make an offer to (1) Cynthia Bond Ables, John Henry Bond, III,
Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. A/K/A
Joseph Pierre Doye, Jr. Patricia Ann Doye A/K/A Patricia Doye Kendall
(collectively, the "Owner"); (2) successors in interest to the owner to the Property
Interests; or (3) any other owners of the Property Interests, as may be applicable,
to purchase the Property Interests for the purchase price of Seven Hundred Eighty
Five Thousand Thirty Six Dollars and No Cents ($785,036.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a part thereof Exhibit "B"; authorizing the
expenditure of funds therefor; authorizing relocation expenditures; and providing
an effective date. (Mayhill Road Widening and Improvements project - Bond et al
– Parcel M134)
City of Denton City Council Minutes
January 7, 2014
Page 9
Ordinance No. 2014-011
L. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire (I) fee simple to a 1.029 acre tract (the "Mayhill Tract"); (II) fee
simple to a 0.624 acre tract (the "Landfill Tract"); and (III) a Slope Easement
(herein so called), encumbering a 0.076 acre tract, each affected tract located in
the David Hough Survey, Abstract Number 646, City of Denton, Denton County,
Texas, as more particularly described on Exhibit "A", attached to the ordinance
and made a part thereof, located generally in the 1900 block of South Mayhill
Road (the "Property Interests"), for (A) as concerns the Mayhill Tract and the
Slope Easement, the public use of expanding and improving Mayhill Road, a
municipal street and roadway; and (B) as concerns the Landfill Tract, for the
public use of expanding and improving the City of Denton Landfill, a permitted
municipal solid waste disposal facility; authorizing the City Manager or his
designee to make an offer to (1) Wilma M. Haggard (The "Owner"); (2)
Successors in interest to the owner to the Property Interests; or (3) any other
owners of the Property Interests, as may be applicable, to purchase the Property
Interests for the purchase price of One Hundred Thirty Three Thousand Eight
Hundred Fifty Nine Dollars and No Cents ($133,859.00), and other consideration,
as prescribed in the Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (Mayhill Road Widening and
Improvements project - Haggard - Parcel M136)
Ordinance No. 2014-012
M. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire (I) fee simple to a 7.628 acre tract (the "Mayhill Tract"); (II) fee
simple to 2.276 acres (the "Landfill Lands"); and (III) a Drainage Easement
(herein so called), encumbering 0.196 acre, all lands located in the David Hough
Survey, Abstract Number 646, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance and made a
part thereof, located generally in the 2100 block of South Mayhill Road (the
"Property Interests"), for (A) as concerns the Mayhill Tract and the Drainage
Easement, the public use of expanding and improving Mayhill Road, a
municipal street and roadway; and (B) as concerns the Landfill Lands, for the
public use of expanding and improving the City of Denton Landfill, a permitted
municipal solid waste disposal facility; authorizing the City Manager or his
designee to make an offer to (1) Kevin Nelms and Richard and wife, Nancy Greb
(collectively, the "Owner"); (2) successors in interest to the owner of the to the
Property Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the Property Interests for the purchase price of Eight
Hundred Sixty Seven Thousand Three Hundred Forty Seven Dollars and No
Cents ($867,347.00), and other consideration, as prescribed in the Purchase
Agreement (the "Agreement"), as attached to the ordinance and made a part
thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project -
Nelms/Greb - Parcel M137 & M138)
City of Denton City Council Minutes
January 7, 2014
Page 10
Ordinance No. 2014-013
N. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Purchase Agreement, by and between the City of Denton, Texas
("City"), as Buyer, and Jerry M. Kelsoe (the "Owner"), as Seller, to acquire (I) fee
simple to a 0.216 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.152 acre tract, all tracts situated in the M.E.P.
& P.R.R. Co. Survey, Abstract No. 1469, located in the City of Denton, Denton
County, Texas, and being generally located in the 1500 block of North Mayhill
Road; for the purchase price of Three Hundred Thirty Nine Thousand Two
Hundred Forty Five Dollars and No Cents ($339,245.00), and other consideration,
as prescribed in the Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of
funds therefor; authorizing relocation expenditures; and providing an effective
date. (Mayhill Road Widening and Improvements project - Kelsoe Parcel M024)
Ordinance No. 2014-014
O. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Contract of Sale, by and between the City of Denton, Texas ("City"),
as Buyer, and Shiron Investments, LLC, a Texas limited liability company (the
"Owner"), as Seller, to acquire fee simple to a 0.418 acre tract situated in the
Gideon Walker Survey, Abstract No. 1330, located in the City of Denton,
Denton County, Texas, and being generally located at 781 and 801 South
Mayhill Road; for the purchase price of One Hundred Sixty Thousand Dollars and
No Cents ($160,000.00), and other consideration, as prescribed in the Contract of
Sale (the "Agreement"), as attached to the ordinance and made a part thereof as
Exhibit "A", authorizing the expenditure of funds therefor; authorizing relocation
expenditures; and providing an effective date. (Municipal Landfill Acquisition
Tract)
Ordinance No. 2014-015
P. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Contract of Sale, by and between the City of Denton Texas
("City"), as Buyer, and Shiron Investments, LLC, a Texas limited liability
company (the "Owner"), as Seller, to acquire fee simple to a 2.141 acre tract
situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of
Denton, Denton County, Texas, and being generally located at 961 S. Mayhill
Road; for the purchase price of Five Hundred Ninety Thousand Dollars and No
Cents ($590,000.00), and other consideration, as prescribed in the Contract of
Sale (the "Agreement"), as attached to the ordinance and made a part thereof as
Exhibit A", authorizing the expenditure of funds therefor; and providing an
effective date. (Municipal Landfill Acquisition Tract)
Ordinance No. 2014-016
Q. Consider adoption of n ordinance authorizing the City Manager or his designee
to execute a Contract of Sale between the City of Denton, Texas and Westpark
Group, L.P., a Texas Limited Partnership contemplating the purchase by the City
of Denton, Texas of an approximate 3.00 acre tract of land situated in the James
Perry Survey, Abstract 1040, and the John Davis Survey, Abstract 326, City of
City of Denton City Council Minutes
January 7, 2014
Page 11
Denton, Denton County, Texas, for public purposes; authorizing the City
Manager, or his designee, to execute, deliver and accept a Special Warranty Deed,
and any other documents necessary to accomplish closing of the transaction
contemplated by the Contract of Sale; authorizing the expenditure of funds
therefore; and providing an effective date.
Ordinance No. 2014-017
R. Consider adoption of an ordinance of the City of Denton, Texas, abandoning and
vacating an Access Easement (the "Original Easement"), granted by Westpark
Group, LP, to the City of Denton, Texas, pursuant to that certain Original
Easement, dated December 29, 2006, and recorded as document Number 2007-
20897, Real Property Records, Denton County, Texas, said Original Easement
encumbering 3.874 acres of land located in the James Perry Survey, Abstract No.
1040, Denton County, Texas, and authorizing the City Manager or his designee to
accept an Alternative Access Easement (herein so called), as attached hereto and
made a part hereof as Exhibit "A", by and between the City of Denton (The
"Grantee"), and Westpark Group, LP, A Texas Limited Partnership (The
"Grantor"), contemplating the grant by Grantor and acceptance by Grantee of an
Alternative Access Easement encumbering a 4.1880 acre tract of land, more or
less, for the purchase price of ten and no/100 Dollars ($10.00), said Alternative
Access Easement generally located east of Western Boulevard and south of Jim
Christal Road, and located in the John Bacon Survey, Abstract No. 1541, and the
James Perry Survey, Abstract No. 1040, Denton County, Texas; authorizing the
expenditure of funds therefor; and providing an effective date.
Ordinance No. 2014-018
S. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of Excess Liability Insurance
Coverage for the City of Denton , through the City’s sole broker of record,
McGriff, Seibels and Williams of Texas, Inc., and in accordance with Chapter
252.024 of the Texas Local Government Code such coverage is exempt from the
requirements of competitive bidding; and providing an effective date (File 5454
awarded to Starr Indemnity in the one (1) year not- to-exceed amount of
$208,000 and a three (3) year not-to-exceed amount of $688,480).
Ordinance No. 2014-019
T. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of Excess Workers; Compensation
Insurance Coverage for the City of Denton, through the City’s sole broker of
record, McGriff, Seibels and Williams of Texas, Inc., and in accordance with
Chapter 252.024 of the Texas Local Government Code such coverage is exempt
from the requirements of competitive bidding; and providing an effective date
(File 5455 awarded to Midwest Employers Casualty in the one (1) year not-to-
exceed amount of $91,996 and a three (3) year not-to-exceed amount of
$304,408).
City of Denton City Council Minutes
January 7, 2014
Page 12
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2014-020
A. Consider adoption of an ordinance approving a lease agreement to be executed
by the City Manager, by and between the City of Denton, Texas and American
Biosource, LLC, a Texas domestic limited liability company, for a certain
approximate 1.004 acre tract of land situated in the Gideon Walker Survey,
Abstract Number 1330, in the City of Denton, Denton County, Texas, located in
the vicinity of 1527 Mayhill Road, Denton, Denton County, Texas; providing an
effective date.
Vance Kemler, Director of Solid Waste, presented the details of the lease agreement. This
agreement would start a biodiesel facility in the City.
Council Member Gregory asked how much royalty per gallon the City would receive.
Kemler stated that the royalty would be $.085 per gallon.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye",
Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member King
"aye", Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried
unanimously.
6. PUBLIC HEARINGS
There were no public hearings for this agenda.
7. CITIZEN REPORTS
There were no citizen reports for this section of the agenda.
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings
Act, provide reports about items of community interest regarding which no action
will be taken, to include: expressions of thanks, congratulations, or condolence;
information regarding holiday schedules; an honorary or salutary recognition of
a public official, public employee, or other citizen; a reminder about an
upcoming event organized or sponsored by the governing body; information
regarding a social, ceremonial, or community event organized or sponsored by an
entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; or an announcement involving an imminent threat to the public
health and safety of people in the municipality that has arisen after the
posting of the agenda.
City of Denton City Council Minutes
January 7, 2014
Page 13
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 7:03 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS