September 09, 2014 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 9, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 9, 2014 at 3:00 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
Beth Stribling, representing the Denton County Historic Commission, spoke regarding Consent
Agenda Item M and was in favor of receiving the historic designation for City Hall West.
2. Requests for clarification of agenda items listed on the agenda for September 9, 2014.
Council Member Ryan questioned Consent Agenda Item F regarding prepaid utilities.
Ethan Cox, Customer Service Manager, presented an overview of the prepaid utilities concept. It
was a pay as you go service with usage deducted daily from an account. He demonstrated the
current service program which was postpaid versus a prepaid service.
Council discussed the merits and advantages of the program, who would be able to use the new
system and whether it would be a volunteer or mandatory system.
Cox stated that there was a minimal fee to sign up for the program with no late fees or interest on
past due amounts. He reviewed the benefits for city utilities and for the customer.
Mayor Watts stated that the $7 fee was collected from the user.
Cox stated that was correct.
Council Member Gregory stated that he was concerned about the fee paid by the user and also
the charge if a credit card was used for payment.
Cox stated that a fee was not charge for credit card usage on residential accounts. This program
would only be for residential customers.
Council Member Gregory felt that the prepaid option reduced the rift between the City and the
customer. He requested some figures on how much this could save the City from people walking
away from their bills. He also suggested looking at phasing out the customer fee as the program
grew.
Council Member Ryan stated that he would like to pull Consent Agenda Items L and M in order
to highlight them as individual items.
Mayor Watts indicated that he had received an email concerning the veterinarian services at the
new animal shelter.
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September 9, 2014
Page 2
Captain Scott Fletcher, Denton PD, stated that the company awarded the contract was a local
vendor providing services to a number of municipalities in the area.
Council Member Roden stated that the services provided would only be for animals at the
shelter.
Fletcher replied correct that there would be no services provided for outside animals.
3. Work Session Reports
A. ID 14-0470 Receive a report, hold a discussion, and give staff direction on the FY
2014-15 Proposed Budget, Capital Improvement Program, and Five-Year Financial
Forecast.
Chuck Springer, Director of Finance, stated that staff had provided additional information as
requested by Council. He reviewed the recommended funding categories which included $3200
for the Community Market portable restrooms. A contract would be brought to Council for
approval for the HOT funds and other funding sources.
Council Member Hawkins questioned if $10,000 was being funded out of reserves this budget
year for the Community Market, what happened to the fund next year.
Springer stated that it would be a new applicant from the HOT funds. This was not taking away
from the current applicants just adding a new one.
B. ID 14-0500 Receive a report, hold a discussion and give staff direction regarding an
update to the Convention Center project.
Jon Fortune, Assistant City Manager, stated that there had been several discussions on the
ultimate size and design of the convention center. The process was in the initial design with
enough detail to determine construction bids. The bids received were higher than anticipated and
in August, Council was presented a different version of the convention center but with the same
capacity. There were three options for Council to consider:
Option A was a three-story, 97,000 sq/ft convention center at a total estimated cost of
$33,555,363. This included capacity for conventions and banquets of 750 and 2,000 respectively.
Option B was a single-story, 75,193 sq/ft convention center at a total estimated cost of
$29,763,456. The reduced size of the 75,193 sq/ft facility maintained the capacity for
conventions and banquets of 750 and 2,000 respectively.
Option C was a single-story, 69,570 sq/ft convention center at a total estimated cost of
$27,323,386. The reduced size of the 69,570 facility slightly lowered the capacity for the size of
conventions and banquets of 650 and 1,800 respectively, though it was not believed to impact the
marketability of the facility.
Staff was requesting a consensus from Council on which option to follow.
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September 9, 2014
Page 3
Council Member Roden asked about funding mechanisms that were available.
Fortune stated that staff had done debt numbers on all of the options with current interest rates.
Another element involved the terms of the Master Development Agreement which provided a
specific cap. He felt if the direction from Council was to explore an option for more debt, he
would ask the City’s financial advisor for help with structuring the debt for annual debt costs.
He would then discuss with O’Reilly if it met their expectation.
Mayor Watts stated that he struggled with providing direction of any on the three options. He felt
the options were way out of bounds with the development agreement even with Option C. He
was struggling with not moving forward with any option because there had been no response
from the County or the DISD on the project. The project was changing so much he did not feel it
was what represented in the beginning. There had been no formal input from the public on the
issue. The project was over budget with lower square footage. He felt the renderings were not
Denton and that the hotel overpowered the convention center.
Council Member Roden asked about the total meeting area with the changes.
Steve Minton, representing O’Reilly, stated that they continue to work to get the most cost
effective building as possible. He reviewed the site plan and stated that the original plan was a
three level facility. The cost for this rendering was well over budget. Option B was an attempt to
get the cost more in line but still be a nice facility. Option C worked on getting the cost closer to
the $25 million budget. It was still a nice building with 69,500 square feet, 35000 net usable
space. The contractor was concerned about the 120 days to hold the numbers as there was a lot of
work to do. This was only a design packet with construction drawing still needing to be done.
Council discussion included the following points:
Construction costs for the various options; contractor set price for costs
Viewpoints on the renderings of the project and whether they fit the look for Denton
Public comment on the project in the form of conversations, emails, etc.
Topic had been discussed at Council for at least three years with the public able to attend
those meeting.
Whether the proposed site was the correct site for the project
Types of slab construction
Knowledge that project costs in the beginning of a large project might be fuzzy until
closer to the time to commit to the project
Don’t dismiss the project just because the City had not heard from the DISD and County
There had been lots of opportunities for public discussion on the project.
The need was to discuss dollars at this point and not the location or design –funding was
the major concern at this point
The financing plan with or without the DISD and/or County
City Manager Campbell stated that staff was asking Council direction on a financing plan. If the
financing plan was in place and the DISD and County decide not to participate, it would fall back
on O’Reilly if they still wanted to participate in the project. The project would not necessarily
City of Denton City Council Minutes
September 9, 2014
Page 4
go away if the other two entities did not participate but it would go back to the developer to
move forward.
Fortune stated that there were two elements to the project. The TIRZ involved the project
financing plan which did not set the price, size of convention center, etc. It set the financing plan
on the allocation of funds in the TIRZ and how they would go towards the project. The second
element was direction on finalizing the guaranteed maximum price which was contingent on
moving forward. The need was to finalize the construction price with the contract. The TIRZ
was a piece on how to allocate funds for the project.
After further discussion, consensus of the Council was to proceed with Option C and to include a
visit with UNT to see what they would be interested in terms of the agreement.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 14-0451 Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code Section 551.086.
1. Receive competitive public power information and competitive financial
information from staff in the form of a proposed operating budget for Denton
Municipal Electric ("DME") for FY 2014-2015, including without limitation,
revenues, expenses, commodity volumes, and commitments; and discuss,
deliberate, consider adoption of the budget and other matters, and provide staff
with direction regarding such matters.
B. ID 14-0499 Consultation with Attorneys - 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
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
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.
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September 9, 2014
Page 5
C. ID 14-0546 Consultation with Attorneys - Under Texas Government Code Section
551.071.
1.Consult with City’s attorneys regarding legal rights, restrictions, and
obligations under Texas law, associated with overlapping extraterritorial
jurisdictions claimed by municipalities neighboring the City of Denton, Texas,
as well as possible negotiated resolutions of such matters, where a public
discussion of such legal matters would conflict with the duty of the City’s
attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, and where such matters may
become an issue in potential litigation.
Special Called 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 14-0503 Constitution Week
Mayor Watts presented the proclamation for Constitution Week.
3.CONSENT AGENDA
Council Member Hawkins motioned, Council Member Roden seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items L and M. 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. 2014-263
A. ID 14-0436 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving a contract for Veterinary Services for the Linda
McNatt Animal Care and Adoption Center, which are 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 5626 awarded to RSVP Services, Inc. in the three (3) year not-to-
exceed amount of $700,000).
Resolution No. R2014-031
B. ID 14-0474 Consider approval of a resolution supporting the activities of the Alliance
of Atmos Texas Municipalities ("ATM") and other similarly situated coalitions of
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September 9, 2014
Page 6
municipalities opposing rules proposed by the Railroad Commission of Texas
benefiting the utility industry that if adopted would greatly diminish cities’ ability to
effectively and meaningfully evaluate and challenge a utility’s proposal to increase its
rates.
Ordinance No. 2014-264
C. ID 14-0484 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the construction of the Pockrus Substation Water
and Wastewater Line Improvements; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5453-awarded to Jagoe-Public Company in the
not-to-exceed amount of $162,503). The Public Utilities Board recommends approval
(4-0).
Ordinance No. 2014-265
D. ID 14-0485 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for Underground Electric Installation Services for
Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5567-awarded to Barco Construction Co., in the
three (3) year not-to-exceed amount of $4,837,484). The Public Utilities Board
recommends approval (5-0).
Ordinance No. 2014-266
E. ID 14-0486 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving a contract for the upgrade and maintenance of the City
of Denton Water Production Supervisory Control and Data Acquisition (SCADA)
system, 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 5632
awarded to Prime Controls, LP in the three (3) year not-to-exceed amount of
$175,000). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2014-267
F. ID 14-0487 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for Prepaid Utilities Services for the City of Denton; providing for
the expenditure of funds therefor; and providing an effective date (RFP 5346-awarded
to Exceleron Software, LLC in the three (3) year not-to-exceed amount of
$1,100,000). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2014-268
G. ID 14-0488 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the supply of Electric Utility 15kV Circuit Breakers for
Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5608-awarded to ABB, Inc. in the three (3) year not-
to-exceed amount of $470,000). The Public Utilities Board recommends approval (5-
0).
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September 9, 2014
Page 7
Ordinance No.2014-269
H. ID 14-0490 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Denton Parks Foundation to be
used for school supplies for the NE Denton Back to School Event at the MLK
Recreation Center; authorizing and ratifying the expenditure of funds; and providing
for an effective date. ($1,000)
Ordinance No. 2014-270
I. ID 14-0491 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Denton Christian Preschool;
authorizing and ratifying the expenditure of funds; and providing for an effective date.
($735.07)
Ordinance No. 2014-271
J. ID 14-0492 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Community Market; authorizing
and ratifying the expenditure of funds; and providing for an effective date. ($738.30)
Ordinance No. 2014-272
K. ID 14-0493 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Young Life Denton; authorizing
and ratifying the expenditure of funds; and providing for an effective date. ($800)
Ordinance NO. 2014-273
N. ID 14-0538 Consider adoption of an ordinance amending Ordinance No. 2014-191, by
appointing the Board of Directors for Tax Increment Reinvestment Zone Number
Three to be concurrent with the appointment and terms of the Economic Development
Partnership Board; repealing all conflicting ordinances and portions thereof; and
providing an effective date.
Ordinance No. 2014-274
O. ID 14-0549 Consider adoption of an ordinance amending Ordinance No. 2012-366
(heretofore amended by Ordinance No. 2014-039), by appointing the Board of
Directors for Tax Increment Reinvestment Zone Number Two to be concurrent with
the appointment and terms of the Economic Development Partnership Board;
repealing all conflicting ordinances and portions thereof; and providing an effective
date.
Item L was considered.
Resolution No. R2014-323
L. ID 14-0494 Consider approval of a resolution confirming the appointment of Robin
Paulsgrove as Fire Chief of the City of Denton Fire Department; and declaring an
effective date.
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Page 8
City Manager Campbell stated that this was an important appointment for the city of Denton and
reviewed Chief Paulsgrove's fire background.
Council Member Roden motioned, Mayor Pro Tem Engelbrecht 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.
Item M was considered.
Resolution No. R2014-033
M.HL13-0001b Consider approval of a resolution authorizing the submittal of a petition
from the Denton County Historical Commission to the Texas Historical Commission
requesting Recorded Texas Historic Landmark designation for 221 North Elm Street,
also known as City Hall West; and declaring an effective date. The Planning and
Zoning Commission recommends approval (7-0)
Cindy Jackson, Historic Preservation Officer, stated that this item would authorize the submittal
of a petition from the Denton County Historical Commission to the Texas Historical
Commission requesting recorded Texas Historic Landmark designation for City Hall West.
Council Member Roden 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.
4.ITEMS FOR INDIVIDUAL CONSIDERATION
First Reading
A. A14-0001c Consider adoption of an ordinance on first reading of the City of Denton,
Texas regarding the annexation of 40.33 acres of land, more or less, generally located
on the west side of Cooper Creek Road, approximately 800 feet south of Silver Dome
Road, and approximately 1,800 feet north of Mingo Road, more specifically described
in Exhibits "A" and "B"; approving a service plan for the subject property and
temporarily placing the property in the Rural Residential - 5 (RD-5) zoning district;
providing for an update to the City Map to include the annexed lands; providing for a
savings clause and effective date. (A14-0001)
Brian Lockley, Director of Planning and Development, stated that the request was to consider the
adoption of an ordinance on first reading regarding the annexation of 40.33 acres. He reviewed
the future land use map, zoning map, notification information, and the findings for annexation.
The property met all of the considerations of the findings and the request was in conformance
with the Denton Plan. The Development Review Committee recommended approval.
Council Member Hawkins questioned what was taken into consideration on services to provide.
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September 9, 2014
Page 9
Lockley stated that staff met internally to review the extent of the annexation and discuss if the
City could provide adequate services such as fire, police and wastewater. Based on those
discussions a determination was made whether to recommend the annexation for Council
consideration.
Council Member Gregory motioned, Council Member Johnson 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.
B. ID 14-0498 Consider nominations/appointments to the City’s Boards and
Commissions: Animal Shelter Advisory Committee; Health & Building Standards
Commission; Human Services Advisory Committee; Library Board; Parks, Recreation
and Beautification Board; Public Art Committee; Public Utilities Board; and Traffic
Safety Commission.
Jennifer Walters, City Secretary, reviewed the proposed nominations as noted in the agenda
backup and asked if there any other nominations to consider.
Council Member Hawkins motioned, Council Member Gregory seconded to approve the
nominations as presented. 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. 2014-275
C. ID 14-0482 Consider adoption of an ordinance of the City of Denton, Texas approving
the Project and Financing Plan for Tax Increment Reinvestment Zone Number Three
("Convention Center TIRZ"); making certain findings and other matters related
thereto; and providing an effective date.
Aimee Bissett, Director of Economic Development, presented the details of the item. The
ordinance would adopt the project plan and finance plan for the convention center. She reviewed
the history of development of the TIRZ and the revenue sources to service debt on the
convention center. All revenue from the convention center would go towards the debt of the
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convention center. This item would be presented to the DISD on September 23 with staff
working on a date with the County to present the information.
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Mayor Watts asked if the DISD would vote on the item at the meeting of the 23.
Bissett stated that staff would be asking them to consider it at that meeting; either informally or
formally so the project could be firmed up.
Mayor Watts asked if personal property taxes were also included on the TIRZ site.
Jon Fortune, Assistant City Manager, stated that part of the building would be considered.
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September 9, 2014
Page 10
Mayor Watts stated that passage of this ordinance did not mean that the project was approved.
This step was what the DISD and County needed to make a formal decision for their
consideration.
Council Member Johnson stated that before he was on Council he had heard that everything was
rubber stamped. There had been many conversations on this project which was a complicated
issue. Much work entered into Work Sessions with a lot of opinions shared. This Council could
disagree on the project and still work hard to find consensus.
Council Member Ryan agreed that this was a very complicated project and that a key element
was whether the DISD and/or the County would participate.
Mayor Watts stated that there were two scenarios for financing. One was if the DISD and County
participated at 75% and the other was if there was a decision by either one or both of the entities
to not participate. In that case, someone would have to come up with the additional funding.
Bissett replied correct if the project moved forward.
Fortune stated that the City proceeded without the DISD or County, the impact to City was zero
as the rent payment would be picked by the developer as long as the scope remained the same.
Council Member Gregory stated that the proposal had the DISD and County at 75% of the
property tax for the development. Either entity could choose a different percentage or not
participate at all. He assumed when staff made the presentation to them, that it was clear that the
decision to participate and at what level was theirs to decide. The 75% was a figure to begin
discussions.
Mayor Watts stated that he would be voting for the ordinance only as a way to get the DISD and
County the proper information they needed to make a decision on whether to participate in the
project.
Mayor Pro Tem Engelbrecht motioned, Council Member Hawkins 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. R2014-034
D. ID 14-0462 Consider approval of a resolution voting for a member to the Board of
Managers of the Denco Area 9-1-1 District; and declaring an effective date.
Chuck Springer, Director of Finance, presented information on the item. The Denco 911 Board
was comprised of 5 members. One of the two city position was vacant with four nominations for
the position. This item was brought forward for City's vote for the member to the board. Each
member city carried one vote.
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September 9, 2014
Page 11
Jim Carter submitted a Speaker Card. He presented information on the members of the 911
Board and indicated that he would like to serve on the board. He already had the support of
many cities in the district.
Council Member Roden noted that there was a recommendation from the Police Department and
questioned why that name was put forward.
Springer stated that he had asked the Police Department for a recommendation as they worked
closely with the system. The individual recommended by the Police Department was a town
manager and the thought was to have similar representation for the city position. It was felt that
it was important to have a member representing a city for have a city point of view on the Board.
Drew Corn had that background.
Mayor Watts stated that he had received a phone call from Denton County Commissioner Andy
Eads promoting Jim Carter.
Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to nominate Jim
Carter for the position on the Denco Area 911 District Board of Manager. 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.
5. PUBLIC HEARINGS
A. ID 14-0475 Hold a second public hearing on a proposal to adopt a tax rate of
$0.689750 per $100 valuation, which will exceed the lower of the rollback rate or the
effective rate.
Chuck Springer, Director of Finance, stated that this was second public hearing as required by
State law. He presented information on effective tax rate and roll back tax rate.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required for this item.
Ordinance No. 2014-276
B. SI14-0005 Hold a public hearing and consider adoption of an ordinance amending
Ordinance No. 2014-137, as amended by Ordinance No. 2014-192, to extend for an
additional 45 days, or such other reasonable date, the moratorium on the acceptance,
processing and approval of certain applications for gas well permits within the
corporate limits of the City of Denton, Texas, and on applications for specific use
permits, site plans, development plans of any nature or type, including applications for
amendments to approved or pending gas well development plats, and on applications
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September 9, 2014
Page 12
for Fire Code operational permits, as they relate to gas well drilling and production
activities, subject to certain exemptions; clarifying the exemptions to the moratorium;
providing a variance procedure; providing a cumulative clause; providing a
severability clause; and providing an effective date.
Darren Groth, Gas Well Administrator, presented information on the item which was a request to
extend the moratorium with a few minor adjustments. The original moratorium was approved on
May 6, 2014 and amended on June 17, 2014. In addition to the extension of the moratorium,
three minor revisions were proposed. The first revision modified Paragraph “b” of Section 3 to
clarify that gas well permits must be subject to a gas well development site plan approved in
accordance with Ordinance Nos. 2013-014 and 2013-304. The previous language only required
site plan approval after January 15, 2013, and did not specify the applicable ordinance. The
second revision added the burning of gases via open flame to Paragraph “d” of Section 3. The
revised paragraph clarified that both annual inspection permits and open flame permits issued
pursuit to the Fire were exempt from the moratorium. The final revision clarified the applicable
ordinance regulations for applications to vacate all, or a portion of, land areas within gas well
development plats in Paragraph “e” of Section 3. The current language provided a date of August
17, 2010, and the proposed revision identified the date as prior to the adoption of Ordinance Nos.
2010-181 and 2010-196. Additional time was needed to develop regulations that promote
consolidation of gas well pad sites and require mapping of pipelines. The 45 day extension
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would extend the moratorium out to January 20. The Planning and Zoning Commission and the
Development Review Committee recommend approval.
Council Member Gregory questioned that given the concerns, was the 45 day extension
sufficient to accomplish the revisions.
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Groth stated that the revisions should be completed by January 20.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Engelbrecht motioned, Council Member Gregory 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.
6. 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
City of Denton City Council Minutes
September 9, 2014
Page 13
of thanks, congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or other citizen;
a reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; or an announcement involving an imminent threat to
the public health and safety of people in the municipality that has arisen after the
posting of the agenda.
Council Member Roden encouraged citizens to become involved in the Mentor Denton program
which helped Denton ISD at risk students.
Council Member Johnson encouraged everyone to attend the Thursday night game at UNT and
support the Mean Green.
Council Member Ryan noted that the CVB in conjunction with UNT and DCTA was providing a
game day shuttle.
Mayor Pro Tem Engelbrecht commented on the Library staff’s Denton's Big Play Day. He also
noted that he was at the Community Market on Saturday at noon and all of the parking spaces
were full. The Market was continuing to grow and he requested a formal process to find location
for Market for next year.
Mayor Watts stated that he appreciated all of the input from Council at the retreat.
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 7:43p.m.
______________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS