November 04, 2014 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
November 4, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, November 4, 2014 at 2:00 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 presented on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for
Council Member Ryan requested an explanation on item V be put in the record. The agenda
information sheet stated 1400 lane miles and the ordinance called for 600 lane miles.
Jim Coulter, General Manager of Water, stated that the old number they used was lane miles in
the calculations on the first pavement assessment and they now used center lane miles. The
figure of 1400 should have been 600.
City Manager Campbell stated that item T was an Interlocal Agreement with DCTA and they
had received an amendment to the contract from DCTA.
Bryan Langley, Assistant City Manager, stated that DCTA had requested some changes to be
consistent with other interlocal agreements. One change was to the indemnity language and the
City was fine with that change.
3. Work Session Reports
A. ID 14-0707 Receive a report, hold a discussion and give staff direction regarding a
proposed convention center.
Jon Fortune, Assistant City Manager, updated the Council on the convention center project. He
stated that in the backup there was an updated budget and expenditures estimate for the project.
The 28.9 million certificates of obligations was the anticipated debt. The combined tax and HOT
revenue would support the COs. There would be a taxable bond sale with a 30-year bond term.
This included capitalized interest for the first 24 months and a graduated debt for the first ten
years. A Notice of Intent for $29 million was scheduled to be on the November 11 agenda. The
bond ordinance was scheduled to be on the December 16 agenda with the bond sale closing
scheduled for 30-45 days after that.
Fortune stated that he wanted to acknowledge the milestones achieved so far. He stated that they
had – negotiated a development agreement; developed an acceptable set of design drawings;
negotiated an acceptable price for construction; obtained a preliminary construction budget;
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November 4, 2014
Page 2
created a TIRZ; approved a TIRZ project and financing plan; submitted a formal TIRZ request to
DISD and Denton County; notified OHPD of the DISD and Denton County TIRZ status;
obtained OHPD loan commitment letter; obtained Embassy Suite franchise commitment.
Fortune stated that the most recent significant accomplishments included – O’Reilly Hospitality
Partners Denton acceptance of $28.9 million bond sale; OHPD support of City design selections;
OHPD confirmation to move forward with the project despite the fact that the DISD and Denton
County may not approve their portion of the TIRZ; OHPD had initiated legal review of
development documents; and OHPD had offered to double their letter of credit to $2 million.
Fortune reviewed the next steps – approve GMP construction contract on November 11; issue
notice of intent to sell bonds on November 11; approve amendments to the development
agreement documents on November 11; receive executed loan from OHPD by December 16;
approve bond sale ordinance on December 16; amend the City’s Capital budget on December 16;
close on the City and private financing on a date to be determined; and construction would begin
in December or January.
Fortune stated that there were development review related issues – zoning and an SUP. Also
they needed to look at the UNT lease terms – 30 year vs. 25 year initial rent period at $1 per
year.
Council discussed different aspects of the project.
Fortune also stated that the professional services agreement needed to be amended to include an
additional $75,000 to continue the work on design for civil drawings with the goal of being able
to start limited construction by the end of the year. That amendment was on the regular meeting
agenda.
Council Member Roden stated that some folks in town were saying no to the convention center
project. He asked what their options were moving forward in trying to resurrect another
approach.
City Manager George Campbell stated that in November 2006, the Council made a commitment
for a convention center project, one that minimized any obligation of the City to pay for the
convention center. They wanted one done primarily with private sector dollars or done in a way
that minimized the need for the City to raise taxes to pay the debt service. This model that Jon
Fortune had negotiated had safeguards built into the contract that achieved that better than any
public private partnership that he had been involved with in the past four years.
Council Member Johnson stated that what he was hearing from people was that it was not
uniquely Denton.
Most of the Council felt that they did not have support from the community for this project.
Council Member Roden stated that staff had taken the guidance of Council on this project. He
stated that they had failed to make the case with the citizens, but stated that staff had done what
Council had asked.
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November 4, 2014
Page 3
Fortune stated that if the Council’s direction was not to move forward with the project, then they
did not need to consider the item on the regular meeting.
City Manager Campbell stated that staff would let O’Reilly know tomorrow that the Council’s
direction was to discontinue any further negotiation on this project.
B. SI14-0009 Receive a report, hold a discussion and give staff direction on the Final Draft
Report for the Better Block project held at 619 E. Sherman Avenue.
Brian Lockley, Director of Planning and Development, stated that he would present the final
report for the Better Block project that was held at 619 E. Sherman Drive. He stated that the
Better Block project was a planning tool that acted as a living charrette. It engaged the
community on redevelopment of a designated project area. It created a greater sense of
community because of the bottom up approach to planning that allowed for greater community
involvement. It assisted the City in long term planning by implementing and testing before
changes were put into place to determine the viability and validity of the process. It was a
process that actually engaged more of the community up front than at the back end in terms of
their review.
Lockley stated that as far as the process itself, there were five sites that were recommended by
the community. The locations were 710 S. Elm and Maple, 100 McKinney and Locust, 715 N.
Locust, Scripture and Jagoe, and 619 E. Sherman Drive. The criteria reviewed for each site
included access to vacant space, proximity to existing neighborhoods, potential for infrastructure
enhancements and support from local stakeholders. The final site selected was 619 E. Sherman
Drive. It had a large vacancy, struggled to redevelop into something more sustainable and
neighborhood focused. Some of the site specifics were that it had a large vacant structure that
was approximately 35,200 square feet, ample parking, appropriate zoning for neighborhood-
oriented retail, and it was supported by the Comprehensive Plan which called for that area to be
Neighborhood Mixed Use.
Lockley stated that the Concept Plan that was developed for this area in speaking with the
consultants was to model it after the Dallas Area Bishop Arts District. That was in keeping with
what they wanted to see in this neighborhood because of its proximity to downtown, opportunity
for redevelopment, neighborhood destination, and the proximity to adjacent residential. The plan
that they presented was to create a main street out of this area. They wanted to reduce the
existing scale of the structure to human scale. They wanted to create a series of store fronts and
create a pedestrian plaza with pedestrian amenities. Some of the design elements that they
incorporated were to provide a stronger connection with the adjacent neighborhood and that was
done via sidewalks which created invitations for walking and bicycling. Another design element
was an invitation to linger to create lively spaces that were inviting people to hang around.
Lockley stated that Quantitative Metrics included – 5,000 estimated attendees, 17% decrease in
automobile speeds, 2:1 increased ratio for time of lingering, 100% of attendees surveyed desired
more a walkable environment. Qualitative Metrics included – event attendees revealed that the
demonstration project improved perceptions of the neighborhood; event attendees supported
smaller scale development that included retail, restaurant, and pedestrian amenities; vendors
showed a desire to have this option available due to lower risk and overhead.
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Lockley said that some of the recommendations that came out of this related to Transportation
and Land Use included – review the potential for a walkable roadway grid; reduce right-of-way
width of Sherman Drive and create bicycle and pedestrian infrastructure; create tax incentives for
mixed use development; partner with property owners to facilitate temporary structure for small
vendors; develop a tree planting campaign to line new street grid to provide shade and new sight
lines; adopt mixed use zoning. Some of the Public Private Partnerships – develop a community
fabrication lab to assist local business and owners with revitalization; continue partnership with
Community Market at this location; begin regularly scheduled programs.
Lockley asked the Council if there was any other information they would like to see in the final
report. Otherwise the next steps would be to meet with the community on some of these
recommendations, get more feedback and see what else they needed to do.
C. CA11-0004a 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 the Denton Plan
2030 set the course to manage growth, promote reinvestment, and improve the quality of life for
the next 15 to 20 years. Denton Plan 2030 was inspired and informed by citizen values and
aspirations expressed in the Community Vision Statement. Denton Plan 2030 established an
optimal pattern of growth identified in the Preferred Growth Concept. The Community Vision
Statement was an expression of the community’s collective values and aspirations and a
description of what the community wanted to become in the future. The Plan itself and the
Community Vision Statement had four major themes that were recurrent throughout the process:
sustainability, mobility, community character, and community health.
Menguita stated that the Preferred Growth Concept was a conceptual vision for the form,
character, and general location of the development in the city that reflected the input and
expressed preferences of the community. Denton Plan 2030 addressed present issues identified
by stakeholders and the community – retain its best and brightest youth, attract major employers,
embrace the growing diversity, balance new development with reinvesting in its urban core and
established neighborhood. Between 2000 and 2010, the City grew approximately 40,000 in
population. It was projected that in the next 20 years, the City would grow approximately
94,000 in population. Based on this population growth, approximately 37,282 dwelling units
were projected by 2030.
Denton Plan 2030 also addressed new opportunities and challenges – including shifting
demographics, changing housing preferences, interface with two major universities, influence of
gas wells, and the sustainability by promoting compact and purposeful growth in centers and
along corridors. A number of outreach activities were conducted to solicit input from the
community. Much of the initial outreach was focused on informing the drafting of the
Community Vision Statement and the Preferred Growth Concept. The primary source of input
was through the three community forums.
Key groups were formed to provide guidance during the Plan development – Citizens Advisory
Committee (CAC), Technical Advisory Committee (TAC) and Denton Plan Ambassadors
(DPA). CAC consisted of 32 members appointed by the City Council which represented a
variety of community interest groups and stakeholders. The group was established to advise the
policy direction of the comprehensive plan and to build consensus among diverse stakeholders
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November 4, 2014
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through the Plan development. TAC consisted of a group of senior staff members that provided
technical advice throughout the planning process. The TAC met at key milestones and reviewed
all deliverables to ensure accuracy and feasibility. DPA was established at the beginning of the
planning process and was open to all community members. The DPA offered community
members the opportunity to serve as leaders, engage neighborhood and interest groups, and to
assist in the Plan development. Other key community outreach included website and social
media, a kickoff open house, informational/mobile meetings, and stakeholder interviews.
Menguita stated that Community Forum 1 consisted of facilitated small group discussions where
citizens were asked to express their aspirations and concerns about the present and future of
Denton. Participants were asked to share their ideas about the strengths, weaknesses,
opportunities, and challenges in the city.
He stated that at Community Forum 2 citizens compared four growth scenarios, a growth trend
scenario, centers, corridor, and compact scenario. Citizens also provided input regarding their
preferences for development priorities and community character. He stated that at Community
Forum 3, the draft Denton Plan 2030 was unveiled and presented to the community. The
purpose of CF3 was to ensure that policies affirmed the direction from the citizens of Denton.
Menguita reviewed Element 2 – Land Use. Throughout Denton we see managed, balanced, and
sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse
choices among neighborhood settings while respecting private property rights. A compact
development pattern included expanded areas of mixed-use, a broad array of housing and retail
choices responding to changing demographics and market preferences and reinvestment and
infill in established areas of the city. He stated that in the core were established neighborhoods
where revitalization and compatible infill development contributed to stable, livable, and historic
character, and fostered neighborhood pride and homeownership. In the rural fringe areas of the
city and the ETJ were conservation developments which retained rural character, protected open
space and greenways, enhanced development value, and provided greater choices to land owners.
Future Land Use Designations that staff had proposed for Denton Plan 2030 included Rural
Areas, Low Density Residential, Moderate Density Residential, Downtown Denton, Downtown
Compatibility Area, Regional Mixed Use, Community Mixed Use, Neighborhood Mixed Use,
Business Innovation, Neighborhood/University Compatibility Area, Commercial,
Government/Institutional, Industrial Commerce, and Parks and Open Space.
Menguita stated that the Land Use Element included goals and policies necessary to ensure that
the City would direct growth according to sound principles and to ensure that the balance of land
uses matched the City’s needs for the future.
Menguita reviewed Element 3 – Fiscal and Economic Vitality Element. Denton’s institutions of
higher learning, UNT and TWU, were partners with government, civic organizations, and local
employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long
learning, and the retention of the best and brightest. Throughout Denton were infrastructure
systems that had undergone well-planned, staged expansion to serve and guide the city’s growth.
Denton leveraged its strategic location, universities, and medical institutions. Denton was a
national leader in technological and knowledge-based innovation, which allowed us to attract
and retain a highly educated and motivated workforce. Denton supported and encouraged
entrepreneurs and small businesses with a business-friendly attitude and efficient regulations and
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November 4, 2014
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permitting. Throughout the Plan, there was a fiscal impact analysis that was performed. That
would guide policy decisions regarding level of service and revenue enhancement.
Menguita stated that the Fiscal and Economic Vitality Element contained goals and policies
related to the economic strength of the city and principles for growing in a fiscally healthy
manner.
Menguita reviewed Element 4 – Community Character and Urban Design. Denton was
authentic. Denton’s small town charm and North Texas heritage were proudly embraced along
with positive change, smart and balanced growth, and high-quality development. Denton was
fertile territory for creativity and innovation in the vibrant music and arts scene, technology,
business, and education. We marketed our Denton “brand”, our unique, creative atmosphere and
small town quality of life, which attracted a highly educated and motivated workforce and gave
Denton a competitive advantage in attracting new investment, entities, and well-paying jobs. In
the core of Denton was a vibrant Downtown Denton, energized with new housing, shopping,
arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle.
Menguita stated that the Community Character and Urban Design Element included goals and
policies for maintaining the unique character of Denton and building upon its distinguishing
characteristics. This element included policies for place making, arts and culture, and historic
preservation.
Menguita stated that at the November 18 work session, the Council would look at Elements 5, 6
and 7.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:13 p.m. to consider specific items when these items are listed below under the Closed
Meeting section of this agenda.
1. Closed Meeting:
A. ID 14-0680 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
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 T.M.
Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and generally
located in the 2500 block of East McKinney Street. 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. (ID 14-0681)
B. ID 14-0566 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
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November 4, 2014
Page 7
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 regarding hydraulic fracturing where a public discussion of these legal
matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
C. ID 14-0610 Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code,
Section 551.071. Receive a briefing and presentation from Denton Municipal Electric
("DME") staff regarding certain public power competitive, financial and commercial
information relating to issues regarding a high voltage direct current (HVDC)
interconnection that would allow renewable energy and other electric power products to be
transferred between ERCOT and other energy grids. Consultation with the City’s attorneys
regarding legal issues associated with the implementation of the interconnection 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. Discuss, deliberate and
provide staff with direction.
D. ID 14-0663 Certain Public Power Utilities: Competitive Matters --- Under Texas
Government Code, Section 551.086. Receive a presentation from Denton Municipal
Electric ("DME") staff regarding certain public power competitive, financial and
commercial information relating to issues regarding purchased power pricing and other
public power information that is contained in the proposed Purchase Power Agreement by
and between the City of Denton, Texas, who is selling power and electric energy services to
the Texas Woman’s University, Denton, Texas. Discuss, deliberate, and provide staff with
direction regarding same.
E. ID 14-0696 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071
Discuss, deliberate, and receive further information regarding the purchase of certain real
property interest located in the R. H. Hopkins Survey, Abstract No. 1694, City of Denton,
Denton County, Texas, and generally located along the 1800 block of Colorado Boulevard
and the 1500 block of Angelina Bend Drive. 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.
F. ID 14-0713 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation with the City’s attorneys regarding legal issues associated with Texas Civil
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November 4, 2014
Page 8
Practice & Remedies Code Chapter 110 (Religious Freedom) where a public discussion of
these legal matters would conflict with the duty of the City’s attorneys to the City of Denton
and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas, or would jeopardize the City’s legal position in any administrative
proceedings or potential litigation.
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 14-0607 Cigarette Litter Prevention Month
Mayor Watts presented the proclamation for Cigarette Litter Prevention Month to Lauren Barker
with Keep Denton Beautiful.
3. CITIZEN REPORTS
A.ID 14-0682 Isabel Cano regarding bus shelters.
Isabel Cano, 1323 Broadway, asked if Council could expedite placing benches at the bus stops.
She felt it would be less expensive to do benches than shelters.
4.CONSENT AGENDA
Council Member Gregory motioned, Council Member Hawkins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. 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. 2014-344
A. ID 14-0622 Consider adoption of an ordinance approving a right-of-way use and license
agreement between the City of Denton and Green Springs Water Supply Corporation that
will allow and accommodate the installation of a water line across and along Burger road
situated in the Sylvester Williams Survey, Abstract No. 1322, Denton County, Texas; and
declaring an effective date.
Ordinance No. 2014-345
B. ID 14-0627 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas, and Denton Community Market;
authorizing the expenditure of funds; and providing for an effective date. ($9,150)
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November 4, 2014
Page 9
Ordinance No. 2014-346
C. ID 14-0642 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and
use of hotel tax revenue; and providing an effective date. ($10,752 - Hotel Occupancy Tax
Committee recommends approval 3-0)
Ordinance No. 2014-347
D. ID 14-0643 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and the Denton Black Chamber of Commerce
for the payment and use of hotel tax revenue; and providing an effective date. ($17,409 -
Hotel Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-348
E. ID 14-0644 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Chamber of Commerce
(Convention and Visitors Bureau) for the payment and use of hotel tax revenue; and
providing an effective date. ($822,255 - Hotel Occupancy Tax Committee recommends
approval 3-0)
Ordinance No. 2014-349
F. ID 14-0645 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Community Market for the
payment and use of hotel tax revenue; and providing an effective date. ($10,000)
Ordinance No. 2014-350
G. ID 14-0647 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and the Denton Community Theatre, Inc. for the
payment and use of hotel tax revenue; and providing an effective date. ($24,161 - Hotel
Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-351
H. ID 14-0648 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and Denton County, Texas for the payment and
use of hotel tax revenue in support of the Denton County Office of History and Culture;
and providing an effective date. ($113,999 - Hotel Occupancy Tax Committee
recommends approval 3-0)
Ordinance No. 2014-352
I.ID 14-0649 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use
of hotel tax revenue; and providing an effective date. ($15,320 - Hotel Occupancy Tax
Committee recommends approval 3-0)
Ordinance No. 2014-353
J.ID 14-0650 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Festival Foundation for the
payment and use of hotel tax revenue; and providing an effective date. ($86,961 - Hotel
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November 4, 2014
Page 10
Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-354
K. ID 14-0651 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and the Denton Holiday Festival Association,
Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($7,700
- Hotel Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-355
L. ID 14-0654 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Greater Denton Arts Council for the
payment and use of hotel tax revenue; and providing an effective date. ($123,669 - Hotel
Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-356
M.ID 14-0655 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and the Central Business District Association,
Inc., d/b/a Denton Main Street Association for the payment and use of hotel tax revenue;
and providing an effective date. ($24,161 - Hotel Occupancy Tax Committee
recommends approval 3-0)
Ordinance No. 2014-357
N. ID 14-0656 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and Music Theatre of Denton for the payment
and use of hotel tax revenue; and providing an effective date. ($5,250 - Hotel Occupancy
Tax Committee recommends approval 3-0)
Ordinance No. 2014-358
O. ID 14-0657 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and the North Texas State Fair Association for
the payment and use of hotel tax revenue; and providing an effective date. ($77,301 -
Hotel Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-359
P. ID 14-0658 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the North Texas Affiliation of the Susan G.
Komen Breast Cancer Foundation, Inc. for the payment and use of hotel tax revenue; and
providing an effective date. ($10,000 - Hotel Occupancy Tax Committee recommends
approval 3-0)
Ordinance No. 2014-360
Q. ID 14-0659 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for
the payment and use of hotel tax revenue; and providing an effective date. ($52,747 -
Hotel Occupancy Tax Committee recommends approval 3-0)
City of Denton City Council Minutes
November 4, 2014
Page 11
Ordinance No. 2014-361
R. ID 14-0660 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Texas Filmmakers’ Corporation for the
payment and use of hotel tax revenue; and providing an effective date. ($7,875 - Hotel
Occupancy Tax Committee recommends approval 3-0)
Ordinance No. 2014-362
S. ID 14-0683 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 two (2)
Model DT80K Superior Road Brooms for the City of Denton Street Department; and
providing an effective date (File 5676-awarded to Underwood Equipment Company in the
amount of $113,658.38).
Ordinance No. 2014-363
T. ID 14-0684 Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Agreement with the Denton County Transportation Authority (DCTA) under
Section 791.001 of the State of Texas Government Code, to authorize the City of Denton
to install a "Downtown Wireless System" including Wi-Fi Devices and Roof Mounts at
the DCTA Transit Center; authorizing the expenditure of funds therefor; and declaring an
effective date (File 5672).
Ordinance No. 2014-364
U. ID 14-0685 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the Mack Park Playground Equipment and
Construction project; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5654-awarded to Lea Park and Play, Inc. in the not-to-exceed amount
of $105,115.66).
Ordinance No. 2014-365
V. ID 14-0686 Consider adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to execute a Professional Services Agreement for surveying and
consulting services relating to the assessment of the condition of City of Denton streets
and the update of the City’s roadway database; providing for the expenditure of funds
therefor; and providing an effective date (File 5649-awarded to IMS Infrastructure
Management Services, Inc. in the not-to-exceed amount of $213,378).
Ordinance No. 2014-366
W.ID 14-0687 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving software maintenance for continued vendor support of
Brazos e-ticketing hardware and software and additional pre-configured handheld devices
with peripherals, 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 4084 awarded
to Brazos Technology Corporation in the three (3) year not-to-exceed amount of
$140,000).
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November 4, 2014
Page 12
Ordinance No. 2014-367
X. ID 14-0688 Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving software maintenance for continued vendor support for
ProjectDox electronic building plan review software, 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 4446 awarded to Avolve Software Corporation in the three (3) year
not-to-exceed amount of $70,000).
Ordinance No. 2014-368
Y. ID 14-0689 Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving software maintenance for maintenance and server patch
management services for continued vendor support for Denton Municipal Electric
Supervisory Control and Data Acquisition (SCADA) software modules, 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 4074 awarded to Open Systems
International, Inc. in the three (3) year not-to-exceed amount of $180,000).
Ordinance No. 2014-369
Z. ID 14-0690 Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving software maintenance for continued vendor support for
AutoCAD software modules, 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 5678
awarded to DLT Solutions, LLC in the three (3) year not-to-exceed amount of $90,000).
Ordinance No. 2014-370
AA.ID 14-0691 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving software maintenance for continued vendor support of
the helpdesk software system (HEAT), 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 5439 awarded to FrontRange Solutions USA Inc. in the three (3) year not-to-
exceed amount of $90,000).
Ordinance No. 2014-371
BB. ID-14-0692 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for a Utility Payment Kiosk Solution for the City of Denton;
providing for the expenditure of funds therefore; and providing an effective date (RFP
5459-awarded to US Payments, LLC in the three (3) year not-to-exceed amount of
$200,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2014-372
CC. ID 14-0693 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for an Automated Timekeeping and Attendance Software System
for the City of Denton; providing for the expenditure of funds therefore; and providing
City of Denton City Council Minutes
November 4, 2014
Page 13
an effective date (RFP 5565-awarded to Kronos Incorporated in the three (3) year not-to-
exceed amount of $850,000). The Audit/Finance recommends approval (3-0).
Ordinance No. 2014-373
DD.ID 14-0694 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the supply of Electric Substation Medium Voltage Switchgear
Buildings for Denton Municipal Electric; providing for the expenditure of funds
therefore; and providing an effective date (RFP 5629-awarded to Powell Electrical
Systems, Inc. in the three (3) year not-to-exceed amount of $19,000,000). The Public
Utilities Board recommends approval (6-0).
Approved the Noise Exception listed below.
EE. ID 14-0706 Consider a request for an exception to the Noise Ordinance for the purpose
of the Carols and Candlelight on the Square sponsored by Faith United Methodist
Church. The event will be held on the east side of the Courthouse lawn, 110 W. Hickory
Street, on Sunday, December 14, 2014, from 4:30 p.m. to 6:30 p.m. An exception is
specifically requested to have amplified sound on Sunday. Staff recommends approval of
the request.
5.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2014-374
A. ID 14-0681 Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple title in the surface estate only with surface restrictions for
mineral owner(s) to a 1.127 acre tract situated in the T.M. Downing Survey, Abstract No.
346, located in the City of Denton, Denton County, Texas, and more particularly
described on Exhibit "A" attached to the ordinance, and located generally in the 2500
block of East McKinney Street ("Property Interests"), for the public use of expansion,
construction, maintenance, operation, and improvement of electric transmission and
distribution lines, facilities, and structures, including substations and switch stations;
authorizing the City Manager, or his designee, to make a final offer to the heirs of Annie
Bell Jenkins (deceased), the heirs of James William Tyson (deceased), Nettie Jane
Nickless, and Shirley Jeannene Wright McCrory, independent executor of the estate of
Ruthie Francis Tyson Wright, (deceased), all being the heirs to or beneficiaries of, the
estate of Robert Lee Tyson (deceased), (collectively, "Owner") to purchase the Property
Interests for the price of One Hundred Forty Six Thousand Four Hundred Ninety Three
Dollars and No Cents ($146,493.00) (proportionate to each owner), and other
consideration, as set forth in the representative contract of Sale attached as Exhibit "B" to
the ordinance; authorizing the filing of eminent domain proceedings to acquire the
Property Interests if the final offer is not accepted; authorizing the expenditure of funds;
and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton
North Interchange Transmission Line Upgrade Project Parcels: P4 - Annie Bell Jenkins
Heirs)
Pamela England, Real Estate Specialist, stated that with the current 69kV Transmission Line Re-
build project, acquisition of this tract of land was necessary for the project. Approval of this
City of Denton City Council Minutes
November 4, 2014
Page 14
ordinance would authorize staff to make final offers and pursue acquisition of the property
interest by eminent domain if necessary.
Council Member Hawkins motioned “I move that the City Manager, or his designee, is
authorized to make a written final offer to the Owner, any and all of Owner’s successors in
Interests to the Property Interests, or any other parties who may own any Interests in the Property
Interests to purchase a 1.127 acre tract, surface estate only with surface restrictions for mineral
owner(s), located in the J. Haney Survey, Abstract No. 515, City of Denton, Denton County,
Texas, and located generally in the 2500 block of E. McKinney St. (“Property Interests”), for the
expansion, construction, maintenance, operation, and improvement of the City’s electric
transmission and distribution lines, facilities, and structures, including substations and switch
stations, and (2), if the terms of the written final offer are not agreed to by the same, to then use
of the power of eminent domain to acquire fee simple title to the Property Interests.” Mayor Pro
Tem Engelbrecht seconded the motion. 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.
Real property description is attached as Exhibit 1 to the minutes.
6.ITEMS FOR INDIVIDUAL CONSIDERATION
A.ID 14-0720 Consider adoption of an ordinance approving an Amendment to the Proposed
Hotel/Convention Center Professional Services Agreement for Architect or Engineer,
Exhibit "F" of Contract No. 5447 and was attached to Ordinance No. 2013-334; providing
a savings clause; and providing an effective date.
Due to the extensive discussion during the work session, there was no staff presentation for this
item.
The following individuals spoke regarding this item.
Elma Walker, 9805 Grandview Drive, spoke in opposition
Kathleen Wazny, 9117 Perimeter Street spoke in opposition
David Zoltner, 2501 Timber Trail, spoke in opposition but supports a modification
Pati Haworth, 1506 Highland Park Road, spoke in opposition
Michelle Lynn, 1401 Egan, spoke in opposition
The following people did not speak but submitted comment cards.
Carey Currin, 1918 Mistywood Lane, opposition
Daniel Garza, 300 Northridge Street, opposition
Hatice Salih, 300 Northridge Street, opposition
Gerry Veeder, 1721 Wisteria, opposition
Gerard Hudspeth, 606 Wilson Street, opposition
The Mayor called for a motion.There was no motion so the item failed for lack of a motion.
City of Denton City Council Minutes
November 4, 2014
Page 15
7. PUBLIC HEARINGS
Ordinance No. 2014-375
A.PDA14-0003 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending a detailed plan for Planned Development District 142 (Stonehill
Center), which planned development district was created by Ordinance No. 91-101,
located at the northeast corner of the intersection of I-35 Service Road and Westgate
Drive and platted as Lot 1-R, Block A, Exposition Mills Addition, in the City of Denton,
Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommend approval (5-1).
Ron Menguita, Development Review Committee Administrator, presented the amendment to the
detailed plan. The 19.67 acre site was located at the northeast corner of the intersection of I-35
service road and Westgate Drive within a Planned Development PD-142 zoning district. He
showed the approximate location of the proposed sign and the existing sign located along the
service road. Section 35.15.14.5.B of the Development Code limited the maximum effective
area of a sign to 300 square feet. The proposed sign had an effective area of 320 square feet. He
showed where the existing signs were located and where the proposed sign would be located.
Notification was sent out to 200 feet and 500 feet. No responses were received.
Menguita stated that findings of staff provided for approval of deviations from the sign ordinance
in a planned development district. Deviation from the standards in Subchapter 15 could be
considered if the continuous street frontage in the planned development district was less than that
required for consideration of approval of a Special Sign District. Deviations from the standards
in Subchapter 15 could be approved as long as the deviations equally met the objectives of this
Subchapter, such deviations were necessitated by the design of the development within the
planned development district, and such deviations were found to meet the criteria as that for the
creation of a Special Sign District pursuant to Section 35.15.17. Approval of deviations from
general sign standards should be supported by written findings approved by the City Council.
The Planning and Zoning Commission and the Development Review Committee recommended
approval.
The Mayor opened the public hearing.
Pat Smith, 1417 Cambridge Lane, part owner of Rose Costumes, spoke in support
Ryan Davenport, 1920 North Lake Trail, representing Stonehill Center, spoke in support
Diane Singleton, 6968 Lois Road, manager of Antique Experience, spoke in support
Judy Smith, 1426 Churchill Drive, spoke in support
The Mayor closed the public hearing.
Council Member Johnson motioned, Council Member Ryan 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.
City of Denton City Council Minutes
November 4, 2014
Page 16
8. CITIZEN REPORTS
There were no citizen reports for this section of the meeting.
9. CONCLUDING ITEMS
Council Member Gregory requested a work session item on digital billboards within the next two
months.
Mayor Pro Tem Engelbrecht requested a report on the feedback from TxDOT regarding the sign
on Loop 288 that Judy Smith mentioned when she spoke during the public hearing.
With no further business, the meeting was adjourned at 8:02 p.m.
________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS