April 07, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES
April 7, 2015
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 7, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins,
Council Member Johnson, Council Member Roden, Council Member Ryan, and
Mayor Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for April 7, 2015.
Council Member Hawkins asked for additional information on Consent Agenda Item J dealing
with the summer food program.
Emerson Vorel, Director of Parks and Recreation, stated that this was a contract with the DISD
to prepare meals for the summer food program. It was a free summer lunch for qualified
children similar to what was done during the school year.
Council Member Gregory asked for a discussion on Consent Agenda Item L dealing with
political signs.
John Cabrales, Assistant City Manager, stated that the revision dealt with a portion of the sign
ordinance dealing with political signs. The change would regulate the time, place and manner
for Early Voting and Election Day and followed State regulations.
Council Member Gregory asked what was being done to ensure that the regulations were
following freedom of speech.
Cabrales stated that staff had worked with the Legal Department to make sure the new
regulations were not infringing on freedom of speech rights.
Council Member Gregory asked about large signs attached to large trucks taking many parking
spaces.
Cabrales stated that those types of signage would be looked at with the revision of the total sign
ordinance. Staff was still in discussions with those regulations and as long as the sign stayed in
the height restrictions it would be able to be used. Staff was also addressing the situation of
taking up more than one parking space.
Council Member Johnson asked about Consent Agenda Item I regarding tree mitigation and
adjusting categories upward.
City Manager Campbell stated that it was an adjustment in the budget for those funds the
Council had requested.
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April 7, 2015
Page 2
Council Member Johnson commented on Consent Agenda Item S regarding the elimination of
parking on Mulberry. He noted that every time parking was removed in the area that the
problem became worse. He suggested looking for opportunities to replace those spaces
somewhere else.
Council Member Hawkins requested that Consent Agenda Item U be pulled for separate
consideration to highlight it in the regular meeting
Mayor Watts asked if the modular building for Consent Agenda Item A was a permanent
structure.
Phil Williams, General Manager -DME, stated it would house the influx of contractors and
personnel for the CIP program for the next 3 -5 years. It would be there longer than a temporary
building and could be moved in the future if needed.
Mayor Watts asked about Consent Agenda Item E in terms of the contract at 25% of the original
contract.
Williams stated that there was an increased amount of work to do due to an increased amount of
construction. The cost was still favorable so they would like to extend the contract to keep that
favorable cost.
City Attorney Burgess noted that there was a substitute ordinance for Item 7B and should be
noted in any motion for that item.
3. Work Session Reports
A. ID 15 -169 Receive a report, hold a discussion, and give staff direction regarding
potential changes to Chapter 27, Article VI of the Code of Ordinances relating to
vehicles for hire.
Lt. David Mays, Denton Police Department, presented the details of the item. The original
ordinance was created in 2001. State law required an ordinance to regulate transportation
services but did not cover a transportation network company such as Uber. Uber differed from
taxicabs as TNC did not own the vehicles operated, and the drivers were independent contractors
and not employees. A provision of the current ordinance allowed temporary permitting for new
service and technology was cited. Uber requested an audit process for driver background citing
an in -house criminal background check. Currently the City did its own background checks and
Uber wanted to do the checks in- house. However, they did not look beyond convictions while
the City check looked at the time lapse since probation or parole to see that the person had
maintained a conviction free lifestyle. Uber's screening did not meet the provision of the current
ordinance.
Council Member Roden questioned what other industries required background checks.
Mays stated that a solicitor's permit for going door to door required a background check.
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April 7, 2015
Page 3
Council Member Roden stated that as a matter of policy, the company was checking
backgrounds but with other industries, citizens allowed random people in their homes to do work
etc. He felt it was a philosophical question as to what would be rational for this level compared
to other industries.
Mayor Watts stated that the felony offences included a broad category.
Mays stated that the ordinance listed those offences which included even an attempted felony.
City Attorney Burgess stated that the ordinance was based on State law and mandatory language
that had to be regulated in terms of the transportation industry.
Council discussed whether background checks should be required for Uber and taxicabs
employees and whether the Uber license should be the same as the taxicab license.
Recommendations - in order to provide Uber the same opportunity to operate in the City as other
carriers Uber would need a probationary license under Section 27 -176 with a revision to the
current ordinance to more accurately reflect the TNC business model. As a condition of this
probationary license, Uber must require their drivers to complete the revised permit application,
subjecting these drivers to the same background screening as was performed for other vehicle for
hire drivers.
Council Member Roden asked about the scope for Uber in terms of place of business.
Mays stated that Uber used Uber Dallas with no subset for Denton. Uber tracked all the rides
taken so they would know if someone operating outside their location.
Mayor Pro Tem Engelbrecht stated that he was interested in the insurance aspect of it including
personal injury.
Council discussed provisions of background checks and the licensing procedures.
Consensus of the Council was to move forward with staff recommendation for changes in the
current ordinance.
B. SI15 -0008 Receive a report, hold a discussion and give staff direction regarding local
efforts to provide assistance to the homeless and those at -risk of becoming homeless.
Danielle Shaw, Human Services Coordinator, stated that the presentation would be focused on
efforts through the Denton County Homeless Coalition which did not receive any City funding
but were a group of non - profits working on the homeless situations. The goals of the Coalition
were (1) impact on the homeless population, (2) reduce number of homeless; (3) provide
advocacy for the homeless, (4) build awareness to increase capacity to serve the issue; and (5)
information/research to look at how to continuously improve services.
Community efforts for housing the homeless — the basic services included street outreach
whereby people went out to the homeless to help with services needed and shelters
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April 7, 2015
Page 4
(emergency /short Term) for temporary housing. Housing, such as transitional, supportive and
permanent housing, helped assist with homeless prevention and rapid re- housing of the
homeless.
Supportive Services included health care, employment/income, emergency services, food,
security, transportation, education, child care, and legal/document services.
Funding Leveraged - Federal funding in the community included grants plus city of Denton
money leveraged with the grant money to provide services. Community wide projects included
Homeless Management Information System, data collection, Housing the Homeless Task Force,
Denton Coordinated Access Network, and Bridging the Gap.
Survey results — The 2015 point in time count showed that 27.2% of those surveyed were
chronically homeless, 9.2% were veterans, 45.40% were employed homeless, and 20% had a
serious mental illness. The estimated homeless in 2015 was 465 persons.
Council reviewed the figures presented and gathered information on the background of the
numbers. Vulnerability survey factors, health insurance figures, medical visits, time on the
streets, and the percentage of veterans were reviewed.
Council Member Roden asked how to equip the average citizen to assist the homeless.
Shaw stated that the primary goal of the Denton CAN was to help with that type of marketing.
Council Member Gregory questioned what the next step was in terms of policy recommendations
staff had for Council to help with the issue.
Shaw felt it was the facilitation of efforts to assist with grants and no policies that impeded the
efforts.
Council Member Johnson suggested considering issuing a challenge to private entities to help
with funding for these efforts such as matching funding.
Council Member Gregory suggested putting some of these ideas in the master planning and in
budgets to help with the issue.
Council Member Johnson suggested forming an ad hoc committee to discuss options for the
homeless for the critical needs and to put a challenge out to the private sector to assist.
Mayor Watts stated that goals and a plan to move forward would be needed.
Council Members Gregory and Johnson volunteered for the committee.
C. ID 15 -284 Receive a report, hold a discussion, and give staff direction regarding an ordinance
to adopt the 2012 International Fire Code (IFC) as amended by the City.
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April 7, 2015
Page 5
Laura Behrens, Fire Marshal, presented a time line regarding the review of the Code.
Considerations when reviewing the document included COG recommended amendments,
International Codes, local amendments, changes in environment/technology and best practices.
There were four categories of consideration that included clarification, formalization of current
practices, consistency between codes, and new practices to introduce. She reviewed amendments
for gas and oil wells with language that followed the process of issuing permits. Language
included on required fire protection systems at drilling and production sites consistent with the
gas well ordinance in terms of fire protection.
Crowd Manager — The current code required a trained crowd manger for events and the code did
not define the training. The proposed amendments would outline the duties.
Emergency and Standby Power System — the COG amendment would provide a list to match
other areas of code or reference to a code provision that already existed.
Solar Energy — a proposed local amendment would move the section to the International
Residential Code.
Automatic Sprinkler System — the proposed amendment was a clarification of the current local
amendment. It clarified when certain construction would require the installation of an automatic
sprinkler system.
Council discussed the provisions and conditions when an automatic sprinkler system was
required. Behrens continued that a second amendment dealt with connection for FDC
connections.
Standpipe System — the COG amendment allowed for more rapid deployment of hose lines to the
fire area.
Fire Alarm and Detection Systems — the COG amendment addressed the issue of low - lighting
and AN equipment distracting from notification systems and devices. The second portion dealt
with a COG amendment that defined the threshold at which portable buildings were considered a
separate building. This would primarily affect portable buildings around schools. The DISD did
not have any major concerns with this amendment at this time.
Smoke and Heat Vents — the current ordinance allowed for a fire code official to require manual
vents. This established a best practice.
Fire Department Connections — The proposed amendment stated that an approved fire hydrant
distance would be located within 100 feet of the fire department connection as the fire hose laid
along an unobstructed path. The COG amendment would ensure access to the water supply.
Chapter 10 - Means of Egress — All proposed changes were COG amendments consistent with
the 2012 International Building Code.
Chapter 11 - Construction Requirements for Existing Buildings — The local amendment would
clearly define when this chapter was applicable and was consistent with International Building
Code language.
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April 7, 2015
Page 6
Council discussion of the amendment suggested taking out the "change of ownership" and better
definition of "repair ". A suggestion was made to change "change of occupancy" to "change of
ownership in the process ".
Fire Safety during construction and demolition — the COG amendment clarified the phase of
construction when an access road was required.
Fee Structure — a change was suggested in terms of an open burn permit issued under the Fire
Code. For noncommercial applications the fee would be $100 per permit per day. The fee
would be $25 for re- inspections associated with operations and construction permits. This would
be consistent with the current practice of assessing re- inspection fees for routine inspections and
in -line with the adopted fee schedule.
Council discussed working with current technology to help with re- inspections such as photos
for changes made.
Behrens stated that the department had already starting that in limited instances. The next steps
in the process would be to present the changes on the April 21 or May 5 Council agenda for
approval with the ordinance being effective in June.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:35 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. ID 15 -183 Consultation with Attorneys - Under Texas Government Code, Section 551.071;
Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072.
Discuss, deliberate and receive information from staff and provide staff direction pertaining to
the acquisition of property located north of Winston Drive and west of I -35E all in the Gideon
Walker Survey, Abstract No. 1330, Cities of Denton and Corinth, Denton County, Texas for
use in connection with DME's transmission expansion projects by the City of Denton, Denton
County, Texas. Consultation with the City's attorneys regarding legal issues associated with
the potential acquisition of the real property near the location 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 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 15 -185]
B. ID 15 -186 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 and around the Township II area, and generally south and west of
Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley
Creek Rd. Consultation with the City's attorneys regarding legal issues associated with the
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April 7, 2015
Page 7
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. (Township II Park Property
Acquisition Project [Greenbelt Tracts 1,2,4] & [ID 15 -187 Denton 68 Joint Venture])
C. ID 15 -193 Deliberations regarding consultation with the City Attorney - Under Texas
Government Code Section 551.071, Deliberations regarding Economic Development
Negotiations - Under Texas Government Code Section 551.087.
Receive a report and hold a discussion regarding legal and economic development issues
regarding a proposed economic development incentive agreement for Business Air (BAM
Denton Management Ventures, LLC). This discussion shall include commercial and financial
information the City Council has received from Business Air which the City Council seeks to
have locate, stay, or expand in or near the territory of the city, and with which the City
Council is conducting economic development negotiations; including the offer of financial or
other incentive where the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the
provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID
15 -198]
D. ID 15 -194 Deliberations regarding consultation with the City Attorney - Under Texas
Government Code Section 551.071, Deliberations regarding Economic Development
Negotiations - Under Texas Government Code Section 551.087.
Receive a report and hold a discussion regarding legal and economic development issues
regarding a proposed economic development incentive agreement for West Gate Business
Park (WGBP Investments, LTD). This discussion shall include commercial and financial
information the City Council has received from West Gate Business Park which the City
Council seeks to have locate, stay, or expand in or near the territory of the city, and with
which the City Council is conducting economic development negotiations; including the offer
of financial or other incentive where the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code. [ID 15 -199]
E. ID 15 -260 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction pertaining
to (1) the potential acquisition of real property interests in the William Loving Survey,
Abstract No. 759, and the William Neil Survey, Abstract No. 971, located generally in the 200
block of W. Mulberry St., City of Denton, Texas; and (2) the disposition of and /or potential
sale or lease of real property interests in the William Neill Survey, Abstract 971, Denton
County, Texas, located generally in the 200 block of N. Elm Street and in the 200 block of W.
McKinney Street; and (3) the disposition of and /or the potential sale or lease of real property
City of Denton City Council Minutes
April 7, 2015
Page 8
interests in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, and located
generally in the 200 block of E. McKinney Street, City of Denton, Texas. Consultation with
the City's attorneys regarding legal issues associated with the potential acquisition or
condemnation of the real property interests 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. (Central Downtown Denton property tracts)
F. ID 15 -263 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 acquisition of real property interests located in (1) the E. Puchalski Survey,
Abstract 996, City of Denton, Denton County, Texas (located generally in the 1300 through
1400 block range of Underwood Street); and (2) the Samuel McCracken Survey, Abstract
Number 817 and the J. Carter Survey, Abstract No. 274, City of Denton, Denton County,
Texas (located generally within the 1300 through 4400 block range of Sherman Drive).
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. (Fire Station 3 & Fire Station 4)
G. ID 15 -287 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 the current Gas Well Ordinance, and proposed Gas Well Ordinance
amendment, 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;
current and proposed extension to moratorium on drilling and production; other concerns
about municipal regulatory authority or matters relating to enforcement of the Gas Well
Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson,
Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14-
004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas
Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st
District Court of Denton County regarding hydraulic fracturing where a public discussion of
these legal matters would conflict with the duty of the City's attorneys under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton City Council Minutes
April 7, 2015
Page 9
H. ID 15 -301 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consultation, discussion, deliberation, and receipt of information from the city's attorneys
involving legal matters relating to possible annexations of property into the City of Denton
where public discussion of these legal matters would clearly 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.
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 15 -212 African Cultural Festival Day
Mayor Watts presented the proclamation for African Cultural Festival Day.
B. ID 15 -211 National Community Development Week
Mayor Watts presented the proclamation for National Community Development Week.
C. ID 15 -221 Arbor Day
Mayor Watts presented the proclamation for Arbor Day.
D. ID 15 -265 Blind Side Week
Mayor Watts presented the proclamation for Blind Side Week.
3. CITIZEN REPORTS
A. ID 15 -224 Willie Hudspeth regarding concerns about the Building Inspections process.
Mr. Hudspeth was not present at the meeting.
B. ID 15 -261 Gerald DeMarsh regarding the Senior Center.
Mr. DeMarsh had a prior request to Council to lift the restriction from his attending the Senior
Center after an altercation at the Center. He requested again that Council lift the restriction from
his going into the Senior Center. He was going to sue the City regarding the issue if needed.
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April 7, 2015
Page 10
C. ID 15 -303 Willie Sellers regarding red light cameras.
Mr. Sellers stated that he had received a red light camera citation but had not been noticed of the
violation. He could not register his car due to the citation he had from the red light camera. The
fine had increased from $75 to $102 due to the failure to pay in a timely manner. There were
others in line with his same problem at the Motor Vehicle Department. He felt this was a money-
making venture for the Police Department. He urged the Council to remove the cameras.
4. CONSENT AGENDA
Council Member Ryan motioned, Council Member Gregory seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item U. 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. 2015 -075
A. ID 15 -075 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Buy Board
Cooperative Purchasing Network for the acquisition of a Modular Office Building for
Denton Municipal Electric to be located at 1659 Spencer Road, Denton, Texas; and
providing an effective date (File 5646- awarded to Sustainable Modular Management,
Inc. in the amount of $270,000). The Public Utilities Board recommends approval (5-
0).
Ordinance No. 2015 -076
B. ID 15 -128 Consider adoption of an ordinance authorizing the City Manager to execute
an Interlocal Agreement with National Joint Powers Alliance (NJPA), under Section
791.001 of the State of Texas Government Code, to authorize the City of Denton to
utilize NJPA Contract# 042911 -PRC currently for the purchase of property disposition
and auction services; authorizing the expenditure of funds therefor; and declaring an
effective date (File 5742- Interlocal Agreement with National Joint Powers Alliance).
Ordinance No. 2015 -077
C. ID 15 -129 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the National Joint Powers
Alliance (NJPA) for property disposition and auction services for the City of Denton;
and providing an effective date (File 5741- awarded to PropertyRoom.com in the three
(3) year estimated amount of $300,000).
Ordinance No. 2015 -078
D. ID 15 -174 Consider adoption of an ordinance approving a contract for the supply of
Organic Catalyst for the City of Denton Composting Operation which is available
from only one source and in accordance with Texas Local Government Code 252.022,
such purchases are exempt from the requirements of competitive bidding; and
providing an effective date (File 5765- Purchase of Organic Catalyst for the City of
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April 7, 2015
Page 11
Denton Composting Operation awarded to Harvest Quest International, Inc. in the
annual estimated amount of $50,000 for a three (3) year not -to- exceed amount of
$150,000). The Public Utilities Board recommends approval (6 -0).
Ordinance No. 2015 -079
E. ID 15 -178 Consider adoption of an ordinance authorizing the City Manager to execute
a second amendment to the contract between the City of Denton and ABC
Professional Tree Services, Inc.; providing for the expenditure of funds therefor; and
providing an effective date (RFP 4825- Second Amendment in the amount of $500,000
for a total contract award of $2,500,000). The Public Utilities Board recommends
approval (6 -0).
Ordinance No. 2015 -080
F. ID 15 -184 Consider adoption of an ordinance authorizing the City Manager to execute
a Mutual Aid Agreement by and between the City of Denton, Texas and the City of
Garland Texas, that provides for terms and conditions under which each party would
provide aid to the other in response to emergencies or natural disasters, in substantial
conformity with the attached "Exhibit A "; authorizing the expenditure of funds
therefor; and providing an effective date.
Ordinance No. 2015 -081
G. ID 15 -185 Consider adoption of an ordinance authorizing the City Manager or his
designee to exercise an option Contract of Sale by and between Winston 4
Development, LLC, as owner, and any others having an ownership interest, and the
City of Denton, Texas, as buyer, to acquire fee simple to a tract or parcel of land being
17.027 acres, more or less, this parcel lying and being situated in the City and County
of Denton, State of Texas, and being located in the Gideon Walker Survey, Abstract
No. 1330, Cities of Denton and Corinth, Denton County Texas, for the purchase price
of Two Hundred Seventy Thousand and No /100 US Dollars ($270,000.00) and other
good and valuable consideration, as described in the Contract of Sale attached as
Exhibit One; authorizing the expenditure of funds therefore; and providing an
effective date.
Ordinance No. 2015 -082
H. ID 15 -228 Consider adoption of an ordinance of the City of Denton, Texas,
prohibiting left turns for any vehicle travelling westbound on Russell Newman
Boulevard onto Loop 288; providing a repealer clause, providing a savings clause,
providing for a penalty not to exceed $500 for violations of this ordinance shall be
governed by Chapter 18 of the Code of Ordinances of the City of Denton, and
providing for an effective date.
Ordinance No. 2015 -083
L ID 15 -253 Consider adoption of an ordinance of the City of Denton, Texas amending
the Fiscal Year 2014 -2015 Budget and Annual Program of Services of the City of
Denton to allow for adjustments to the Tree Mitigation Fund of four hundred ninety-
four thousand and seventy -eight dollars ($494,078), the Police Confiscation Fund of
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April 7, 2015
Page 12
fifty thousand dollars ($50,000), the Risk Retention Fund of six hundred thousand
dollars ($600,000), and the General Debt Service Fund to include revenues and
expenditures of one million four hundred thirty -four thousand seven hundred and
forty -eight dollars ($1,434,748); declaring a municipal purpose; providing a
severability clause; providing an open meetings clause; and providing for an effective
date. The Audit/Finance Committee recommends approval (3 -0).
Ordinance No. 2015 -084
J. ID 15 -256 Consider adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to execute a contract with the Denton Independent
School District for the 2015 Summer Food Service Program; authorizing the
expenditure of funds to administer the program; and providing an effective date.
Ordinance No. 2015 -085
K. ID 15 -264 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
(the "City "), as Buyer, and CCBV, LLC, a Texas limited liability company (the
"Owner "), as Seller, to acquire fee simple title to a 0.535 acre tract, located in the
Morreau Forrest Survey, Abstract No. 417, City of Denton, Denton County, Texas,
generally located in the 200 block of North Mayhill Road, for the purchase price of
Four Hundred Forty Thousand Dollars and No /Cents ($440,000.00), 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 therefore; providing a savings clause; and providing an effective
date. ( Mayhill Road Widening and Improvements project: Parcel M085 - CCBV,
LLC)
Ordinance No. 2015 -086
L. ID 15 -266 Consider adoption of an ordinance of the City of Denton, Texas, amending
certain provisions of chapter 33 of the Denton Code of Ordinances (the Denton Sign
Code) by limiting the application of general sign regulations and imposing specific
regulations with respect to political signs, consistent with state law; prescribing a
maximum penalty for violation; providing for severability and savings; and
establishing an effective date.
Ordinance No. 2015 -087
M. ID 15 -268 Consider adoption of an ordinance authorizing the City Manager to execute
an Interlocal Cooperative Agreement with the North Central Texas Council of
Governments ( NCTCOG) under Section 791.001 of the State of Texas Government
Code, and to authorize the City of Denton to participate in the NCTCOG Regional
Traffic Signal Timing Program; authorizing the expenditure of funds therefor; and
declaring an effective date (File 5792 -in the estimated amount of $36,960).
Ordinance No. 2015 -088
N. ID 15 -269 Consider adoption of an ordinance accepting competitive bids by way of a
Cooperative Purchasing Program Participation Agreement with the City of Frisco
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April 7, 2015
Page 13
under section 271.102 of the Local Government Code, for the purchase of respiratory
protective equipment and parts for the City of Denton Fire Department; providing the
expenditure of funds therefor; and providing and effective date (File 5763- awarded to
Hoyt Breathing Air Products for a three (3) year total amount not -to- exceed
$555,500).
Ordinance No. 2015 -089
O. ID 15 -270 Consider adoption of an ordinance approving a contract for the purchase of
one (1) Haul -All M -class single stream 14 cubic yard side loading refuse collection
body for the City of Denton Parks department which is available from only one source
and in accordance with Texas Local Government Code 252.022, such purchases are
exempt from the requirements of competitive bidding; and providing an effective date
(File 5794- awarded to Haul All Equipment, Ltd. in the amount of $73,682.50).
Ordinance No. 2015 -090
P. ID 15 -271 Consider adoption of an ordinance approving a professional services
agreement for the development of a City of Denton Public Art Master Plan which is
available from a local expert source, which staff has recommended as the best value
procurement and in accordance with Texas Local Government Code 252.022 (4), such
purchases are exempt from the requirements of competitive bidding; and providing an
effective date (File 5795- awarded to Margaret Chalfant in an amount not to exceed
$80,000).
Ordinance No. 2015 -091
Q. ID 15 -272 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of shoot -on connectors for Denton Municipal
Electric (DME); and providing an effective date (RFP 5709- awarded to Techline, Inc.
in the three (3) year not -to- exceed amount of $150,000).
Ordinance No. 2015 -092
R. ID 15 -273 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the University of North Texas for
the purpose of hosting the African Cultural Festival; providing for the expenditure of
funds; and providing for an effective date. ($550)
Ordinance No. 2015 -093
S. ID 15 -277 Consider adoption of an ordinance of the City of Denton, Texas
prohibiting parking on the north side of East Mulberry Street from its intersection
with South Industrial Street to its intersection with South Austin Street; providing a
repealer clause; providing a savings clause; providing for a penalty not to exceed
$500 for violations of this ordinance; providing that violations of this ordinance shall
be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and
providing for an effective date. The Traffic Safety Commission recommends
approval (5 -0).
City of Denton City Council Minutes
April 7, 2015
Page 14
Ordinance No. 2015 -094
T. ID 15 -283 Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute a Local Transportation Project Advance
Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ)
Improvement Project (construction of sidewalks for the Wilson and Pecan Creek
Elementary School areas) with the Texas Department of Transportation; authorizing
the expenditure of funds therefor; and providing an effective date.
Approved the minutes listed below.
V. ID 15 -295 Consider approval of the minutes of February 2, February 3, February 10,
and February 17, 2015.
Council considered Consent Agenda Item U.
Resolution No. R2015 -011
U. ID 15 -285 Consider approval of a resolution of the City of Denton, Texas, in
opposition to Senate Bill 343 and any other legislation which would erode the
authority of a home rule municipality; and providing for an effective date.
Council Member Hawkins 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.
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2015 -095
A. ID 15 -187 Consider adoption of an ordinance of the City of Denton, Texas
determining the public use, need, and necessity for the acquisition of fee title to
properties described in the attached Exhibit "A" and located in and around the
Township II area generally south and west of Colorado Blvd., south of Foxhollow,
north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land;
authorizing the City Manager and City Attorney, or their respective designees, to
acquire the property including making initial and final offers, authorizing the use of
the power of eminent domain to condemn the properties; and authorizing the City
Attorney, or her designee, to file eminent domain proceedings, if necessary, and
providing an effective date. (Township II Park Property Acquisition project: Greenbelt
tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15-
186])
Larry Collister, Deputy City Attorney, presented the information concerning the property under
consideration. He noted that approval of the subject ordinance authorized staff to pursue the
acquisition of the three remaining tracts identified for park land and acquire the property for
public use, voluntarily, from the subject landowners prior to moving forward with the acquisition
by eminent domain, in the event the owner(s) could not be located. He presented the legal
City of Denton City Council Minutes
April 7, 2015
Page 15
description of the property on the overhead screen while the motion for consideration was being
made.
Council Member Gregory motioned and Mayor Pro Tem Engelbrecht seconded the following: I
motion that the city of Denton, Texas authorize the use of the power of eminent domain to
acquire fee simple title to a 6.458 acre tract of a 0.361 acre tract and a 3.384 acre tract which are
located in and around the Township II area, generally south and west of Colorado Blvd., south of
Foxhollow, north and east of Angelia Bend Dr., and west of Valley Creek Rd., in the R. H.
Hopkins Survey, Abstract No. 1694, Denton, Denton County, Texas and more particularly
described on Exhibit A to the ordinance now under consideration and on the overhead screen
being now displaced to the audience for delivering park uses and recreation to the Township 11
area."
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. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2015 -096
A. ID 15 -198 Consider adoption of an ordinance of the City of Denton, Texas approving
an Economic Development Program Grant Agreement between the City of Denton
and BAM Denton Management Ventures, LLC; and providing an effective date
(Business Air).
Aimee Bissett, Director of Economic Development, stated that this ordinance would adopt a
grant agreement with Business Air at Denton Enterprise Airport and described the functions of
the business and the purpose of the grant agreement. The project involved a $9.5 million
expansion project. The Economic Development Partnership Board considered the incentive
agreement and recommended approval of a Chapter 380 grant equal to seventy percent of the
increase in property tax revenues on the improvements to the building and new business personal
property up to a maximum of $9,500,000 in increased valuation as determined by the Denton
Central Appraisal District for a period of two years. Business Air could also extend the length of
the grant by attracting additional investment in the form of business aircraft based at its facilities
at Denton Enterprise Airport by a specified date and investment level thresholds. In addition to a
grant extension, Business Air would receive five percent of the increase in taxable valuation
attributable to these new business aircraft for the duration of the grant extension (1) if increased
valuation in new business aircraft was at least $15,000,000 but less than $50,000,000 by
December 31, 2017, the grant would extend to a period of four years and would include five
percent of the increased new business aircraft valuation amount for the grant period , (2) if
increased valuation in new business aircraft is at least $50,000,000 but less than $80,000,000 by
December 31, 2020, the grant would extend to a period of seven years and would include five
percent of the increased new business aircraft valuation amount for the grant period and (3) if
increased valuation in new business aircraft is at least $80,000,000 by December 31, 2022, the
grant would extend to a period of nine years and would include five percent of the increased new
business aircraft valuation amount for the grant period. The grant agreement required Business
City of Denton City Council Minutes
April 7, 2015
Page 16
Air to invest a minimum of $5,000,000 in building, site and other improvements at its facilities
for this project by December 31, 2016.
Council Member Johnson stated that Denton did not have a 4A or 4B status to attract businesses
such as this and that this was a very creative way to attract the business. He questioned why
these programs were necessary.
Bissett stated that several surrounding communities had 4A or 4B status which meant they could
use a cash incentive fund for economic development. They could give a cash grant to help close
a deal. Denton did not have that but did have a Chapter 380 agreement to spend tax dollars for
economic development. This was performance based on new business.
Council Member Johnson 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.
Ordinance No. 2015 -097
B. ID 15 -199 Consider adoption of an ordinance of the City of Denton, Texas approving
an Economic Development Program Grant Agreement between the City of Denton
and WGBP Investments, LTD; and providing an effective date (West Gate Business
Park).
Aimee Bissett, Director of Economic Development, stated that this was another incentive grant
agreement for consideration. West Gate Business Park was a group of local developers who were
investing in an industrial manufacturing space. The anticipated capital investment was $24
million. They had requested an incentive as competitors were able to offer more competitive
proposals because of their incentive program. This development would bring in a higher quality
of development. The Economic Development Partnership Board recommended approval with a
minimum of 60% with an additional 5% for a national headquarters and /or 10% for support of
major employers not to exceed 75% of City ad valorem taxes attributable to improvements for a
period of ten years commencing the first year following receipt by Grantee of the certificate of
occupancy for the property.
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.
Ordinance No. 2015 -098
C. ID 15 -236 Consider adoption of an ordinance of the City of Denton, Texas,
authorizing the approval of a professional legal services agreement by and between
Terry Morgan & Associates, P.C. and the City of Denton, Texas; providing for the
expenditure of funds; and providing for an effective date.
Anita Burgess, City Attorney, stated that the City had been working with Terry Moran for gas
well negotiations. This agreement would provide additional money for the contract.
City of Denton City Council Minutes
April 7, 2015
Page 17
Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory
"aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member
Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried
unanimously.
D. ID 15 -240 Consider nominations /appointments to the City's Boards and
Commissions: Health & Building Standards Commission and Human Services
Advisory Committee.
Council Member Johnson nominated Glen Farris to the Health & Building Standards
Commission.
Council Member Roden motioned, Council Member Gregory seconded to approve the
nomination. 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. 2015 -099
E. ID 15 -251 Consider adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of up to $98,925,000 in principal amount of
"City of Denton Certificates of Obligation, Series 2015" (including up to $8,258,000
for General Government activities, up to $10,542,000 for Solid Waste Fund activities,
and up to $80,125,000 for Electric, Water and Wastewater Fund activities); authorizing
the issuance of the Certificates; delegating the authority to certain City officials to
execute certain documents relating to the sale of the Certificates; approving and
authorizing instruments and procedures relating to said Certificates; and enacting other
provisions relating to the subject.
Chuck Springer, Director of Finance, stated that the item would authorize the issuance, sale and
delivery of $98 million for Certificates of Obligation. Council had already adopted an ordinance
which gave the authority for the Notice of Intent to Issue the certificates. The certificates would
match the life of the assets so there were different terms for the certificates. This was a
parameters ordinance which authorized the sale at a later date. Staff recommended the sale of
$8,100,000 in COs for General Government projects plus related issuance costs, $10,350,000 in
COs for Solid Waste projects plus related issuance costs and $3,000,000 in COs for Water
projects plus related issuance costs. The plan was to issue the certificates in May but it could be
moved back if necessary due to market conditions.
Council Member Roden asked for an explanation of the difference between Certificates of
Obligation and General Obligation bonds.
Springer stated that General Obligation bonds pledged property taxes for repayment and were
approved by voters. Certificates of Obligation pledged revenue and a property tax pledge.
Certificates of Obligation required a Notice of Intent in the newspaper before they could be
issued.
City of Denton City Council Minutes
April 7, 2015
Page 18
Council Member Roden asked for an explanation on how the debt would be paid.
Springer stated that the principle would be paid on after issuance and that there would be a level
debt schedule for payment with debt payoff every year with no carryover.
Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory
"aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member
Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried
unanimously.
Ordinance No. 2015 -100
F. ID 15 -252 Consider adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of up to $49,120,000 in principal amount of
"City of Denton General Obligation Refunding and Improvement Bonds, Series
2015 "; authorizing the issuance of the Bonds; delegating the authority to certain City
officials to execute certain documents relating to the sale of the Bonds; approving and
authorizing instruments and procedures relating to said Bonds; and enacting other
provisions relating to the subject.
Chuck Springer, Director of Finance, reviewed the amount of the debt and the refunding of debt
for savings on outstanding debt. The second part of the General Obligation bond issuance was
for street improvements, public safety facilities, drainage and parks system improvements. This
was a parameters ordinance with a maximum amount of sale of $49.12 million, savings of at
least 4% and ended October 2015. The plan was to sell the bonds on May 18th depending on
market conditions.
Council Member Hawkins 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.
7. PUBLIC HEARINGS
Ordinance No. 2015 -101
A. S 14 -0008 Hold a public hearing and consider a Specific Use Permit (SUP) for a
Group Home on approximately 0.391 acres of land generally located on the west side
of N Elm Street near the intersection with Ferguson Street. The subject property is
located within a Downtown Commercial General (DC -G) zoning district (S14-0008,
Wheeler House). The Planning and Zoning Commission recommends approval (5 -1)
with a condition.
Aimee Bissett, Interim Director of Planning and Development, presented the details of the
proposal. This would be a Special Use Permit for Wheeler House, a group home on Elm Street.
She presented the zoning map, background of the application, proposed use and site plan. The
project was consistent with the Denton Plan 2030. The criteria for approval and notification map
were reviewed. The Planning and Zoning Commission recommended approval with the
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April 7, 2015
Page 19
condition that the Specific Use Permit would expire if not renewed by the Council on or before
10/29/2033 or on termination of the applicant's current lease, whichever came first. Staff
recommended approval.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Pat Smith, 1417 Cambridge Lane, Denton, 76209 — applicant - spoke in favor.
Council Member Roden asked if Serve Denton was agreeable with the Planning and Zoning
Commission recommendation.
Smith stated that they were but that it was not great. The Specific Use Permit was tied to the
lease and the lease was a 20 year initial term with two 10 year additional terms.
Council Member Johnson stated that some of the Commission's discussion centered on 18 years
for a new Specific Use Permit.
Smith stated the 18 years was tied to when the lease expired. Some Commission members were
concerned about an indefinite Specific Use Permit and put a limit to tie it to the lease.
Council Member Johnson questioned if a Specific Use Permit could be tied to a tenant.
City Attorney Burgess stated that it could be tied to a lease but not to a tenant.
Council Member Johnson stated that if the tenant had renewal options which were executed, the
Specific Use Permit would still be in effect and the same thing would be accomplished without
having that drop dead date. If the lease was not renewed, the Specific Use Permit would go
away.
City Attorney Burgess stated that Council could go in that direction if they wanted
Council Member Hawkins agreed with the suggestion to restructure the Specific Use Permit
provision.
Council Member Ryan asked about the police station at the facility.
Smith stated that they were working through the technologies and would come back to Council
at a later date for approval.
Mayor Watts stated that he was looking forward to seeing more of these facilities in the City in
future years.
Glen Fogg, 809 N. Elm, Denton, 76201 — spoke in favor.
Perry McNeill, 1508 Gatewood, Denton, 76205 - spoke in favor
Melissa Bradley, 805 Bolivar, Denton, 76201 — spoke in favor
Kenton Brice, 7621 Hinkley Oak Drive, Denton, 76208 — spoke in favor.
City of Denton City Council Minutes
April 7, 2015
Page 20
Lee Allison, 4401 N. I35, Denton, 76207 — spoke in favor
Deborah Casimo, 1107 Bolivar, Denton, 76201 — spoke in opposition
Comment cards were submitted by the following:
Christina Trevino, 728 N. Elm, Denton, 76201 — in support
Ruth Ann Savana, 718 Crescent, Denton, 76201 — in support
Rachel Sampson, 1126 Avenue A, Denton, 76201 — in support
Roy Metzler, 1205 Polo Verde, Denton, 76210 in support
Heather Quinn, 608 Cordell, Denton, 76201 - in support
Ricky and Marsha Grunden, 9620 Jim Christal, Krum, 76249 — in support
Stan Morton, 43 Wellington Oaks Circle, Denton, 76210 — in support
Nancy DiMarco, 8425 Stallion, Denton, 76208 — in support
Bettye Myers, 2913 Croydon, Denton, 76209 — in support
Priscilla Sanders, 408 Hollyhill, Denton, 76205 — in support
Harrison Wicks, 3111 Darby Lane, Denton, 76207 — in support
Additional speakers included:
Barney Casimo, 1107 Bolivar, Denton, 76201 — spoke in opposition
Tom Evenson, 1605 W. Windsor, Denton — spoke in favor
The Mayor closed the public hearing.
Mayor Pro Tem Engelbrecht motioned, Council Member Gregory seconded to adopt the
ordinance without the condition as noted by the Planning and Zoning Commission. On roll call
vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member
Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council
Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously.
Ordinance No. 2015 -102
B. S 13 -0007 Hold a public hearing and consider a Specific Use Permit (SUP) to allow for
expansion of the Municipal Solid Waste Landfill and associated Solid Waste and
Recycling ground services operations and equipment storage on approximately 156.9
acres. The subject property is zoned Industrial Center General (IC -G) and is generally
located north of Spencer Road and east of Mayhill Road. The Planning and Zoning
Commission recommends approval (5 -2) with conditions.
Aimee Bissett, Interim Director of Planning and Development, stated that this was a request for a
Special Use Permit for a sanitary landfill and heavy manufacturing use. The purpose of this SUP
request was to permit expansion of the landfill onto the approximately 156.9 acre subject
property acquired by Solid Waste. The proposed request also included re- utilizing an existing
structure on the property labeled Biodiesel Facility Building No.9 on the site plan for Heavy
Manufacturing uses. Sanitary Landfills and Heavy Manufacturing require approval of an SUP in
the IC -G zoning district per Subchapter 35.5.7.2 of the Denton Development Code. She
presented the location map, current zoning, and background on the site. The 2015 request was
expansion of the landfill and a Specific Use Permit to cover a heavy manufacturing use in
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April 7, 2015
Page 21
Building 9. The criteria for the Specific Use Permit were presented along with the notification
map. The Planning and Zoning Commission recommended approval with two conditions (1) a
Type D buffer would be constructed along the boundary on the western and northern property
line, except on the portions of the boundary that have existing structures and (2) the buffer shall
be constructed prior to using the property for depositing debris.
Mayor Pro Tern Engelbrecht asked about the difference in acreage as listed on the agenda and
the ordinance.
Bissett stated that the original amount was the larger acreage but what was needed now was the
smaller acreage.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Marilyn Haggard, 5300 Whiting Way, Denton, 87208 - spoke in opposition
Catherine Wages, 3915 Gayla, Denton, 76208 — spoke in opposition
Youvonna Mutzinger, 3919 Gayla, Denton, 76209 — spoke in opposition
James Griffin, 5304 Kayanne, Denton, 76209 — spoke in opposition
Joe Doye, 5956 Sherry Lane, Dallas — spoke in opposition
Mike Cheves, 900 Jeffrey, Denton, 76209 — spoke in opposition
Comment cards were submitted by the following:
Wilma Haggard, 1900 S. Mayhill, Denton, 87208 — in opposition
Barbara Haggard Holeman, 3694 State Highway 59N, Montague, 76251 — in opposition
Robert Donnelly, 3900 Quail Creek, Denton, 76208 — in opposition
Ellen Levings, 2900 Spencer Road, Denton, 76208 — in opposition
Adam Arnold, 318 W. Congress, Denton 76201 — in opposition
Jennifer Gibbs, 318 W. Congress, Denton, 76201 — in opposition
Daniel Davis, 1717 Oak Tree, Denton, 76209 — in opposition
Pam Gibbs, 2020 Kendolph, Denton, 76205 — in opposition
An additional speaker, Barbara Haggard Holeman, stated she was in opposition.
The Mayor closed the public hearing.
Council Member Johnson suggested adding a provision that the landscaping run the entire length
south to north with a minimum Type D buffer.
Council Member Gregory motioned, Mayor Pro Tern Engelbrecht seconded to adopt the
ordinance with the following provisions: (1) a Type D buffer would be constructed along the
boundary on the entire western property line of the landfill and along the northern property lines
of the lands subject to the zoning case, except on the portions of the boundary that were adjacent
to 1001 South Mayhill Road, Buildings 101 and 102 and (2) the buffer shall be constructed prior
to using the property for depositing debris. On roll call vote, Mayor Pro Tern Engelbrecht "aye ",
Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson
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April 7, 2015
Page 22
"aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ".
Motion carried unanimously.
Ordinance No. 2015 -103
C. ID 15 -241 Hold a public hearing and consider adoption of an ordinance granting
approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the
non -park use of a part of Quakertown Park for the purpose of installing and
maintaining a sanitary sewer line for the Senior Center connector of the Pecan Creek
Interceptor III Project; providing for a notice by the City of Denton, Texas of non -
park use for installation and maintenance of sanitary sewer line and reservation of
easement in the event of sale of park; and providing an effective date. The Parks,
Recreation and Beautification Board recommends approval (7 -0).
Jim Mays, Park Superintendent, stated that this public hearing was a requirement of Chapter 26
of the Texas Parks and Wildlife Code. The public hearing was to make certain that there was no
feasible use for the property. Water Utilities required part of Quakertown Park for installing and
maintaining a sanitary sewer line for the Senior Center connector of the Pecan Creek Interceptor.
The public hearing for Item D was included with this public hearing. Mays stated that Item D
involved a non -park use of a portion of North Lakes Park for a water line and sanitary sewer line
for the Vista Del Arrory Office Offsite Utility Project.
The Mayor opened the public hearing for Items C and D.
No one spoke during the public hearings.
The Mayor closed the public hearings for C and D.
Council Member Johnson motioned, Council Member Ryan seconded to adopt the ordinance for
Item C. 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. 2015 -104
D. ID 15 -242 Hold a public hearing and consider adoption of an ordinance granting
approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the
non -park use of a part of North Lakes Park for the purpose of installing and
maintaining a water line and a sanitary sewer line for the Vista Del Arroyo Offsite
Utilities Project; providing for a notice by the City of Denton, Texas of non -park use
for installation and maintenance of a water line and sanitary sewer line and reservation
of easement in the event of sale of park; and providing an effective date. The Parks,
Recreation and Beautification Board recommends approval (7 -0).
The public hearing for this item was held in conjunction with Item C.
Council Member Johnson motioned, Mayor Pro Tem Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory
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April 7, 2015
Page 23
"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. 2015 -105
E. Z14 -0010 Hold a public hearing and consider an initial zoning of Neighborhood
Residential 4 (NR -4) on approximately 17.76 acres and Neighborhood Residential 6
(NR -6) on approximately 22.57 acres of land on a tract totaling 40.33 acres in size.
The subject property is generally located on the west side of Cooper Creek Road,
approximately 750 feet south of Silver Dome Road and 1,250 feet north of Fishtrap
Road (Z 14 -0010, Windsor Oaks). The Planning and Zoning Commission recommends
approval (6 -0).
Aimee Bissett, Interim Director of Planning and Development, reviewed the request for Windsor
Oaks. She provided information on the location map and background information on the
property, criteria for approval, and notification map. The Planning and Zoning Commission as
well as staff recommended approval.
The Mayor opened the public hearing.
Randall Smith, representing applicant, spoke in favor.
The Mayor closed the public hearing
Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ",
Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously.
Ordinance No. 2015 -106
F. ID 15 -255 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by
Denton's Parks and Recreation Department pursuant to Texas Human Resources Code
Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and
Beautification Board recommend approval 7 -0.
Kathy Schaeffer, Program Area Manager, stated that a public hearing was required by the Texas
Human Resources Code in order to adopt the Standards of Care for the City's Youth/Teen
Program.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing
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April 7, 2015
Page 24
Council Member Roden motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor
Watts "aye ". Motion carried unanimously.
G. ID 15 -262 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas designating portions of certain retail establishments, public buildings,
and food establishments as nonsmoking areas; providing notification requirements;
prohibiting smoking in designated nonsmoking areas; providing exceptions; providing
penalties; providing a severability clause, repealing ordinance 2012 -367, and any
other ordinance in conflict herewith; and providing for an effective date.
Lindsey Baker, IGN /PIO, presented the details of the item. She noted that the City had received
much feedback from the public regarding the proposed revisions. The City Manager's Office had
received 60 phone calls, 3 emails in favor of the smoking ban plus other individual emails. Most
of the emails were unique senders with some of them repeat senders. She reviewed the current
ordinance, the draft ordinance provisions and a discussion of definitions. The proposed
ordinance would (1) add bars to the smoking ban and remove that exception, (2) prohibit E -cigs
in all non - smoking locations; (3) prohibit the sale of E -cigs to minors, (4) prohibit smoking
within 30 feet of parks and recreation facilities, (5) prohibit smoking within 30 feet of public
entrances where smoking was prohibited, (6) defined E -cigs vape shops and (7) extended the
exemption to vape shops. She reviewed the definitions for patio, cigar bar and tobacco and vape
shops.
Council Member Roden asked about the definition of patio and if there were any suggested
changes to it.
Baker reviewed the current definition of patio as well as the definition from Richardson and
Ohio.
Council Member Roden suggested changing the definition of outdoor space to one that generally
was used for dining or recreation that adjoins a building and typically contained an improved
surface.
Council Member Gregory stated that in a prior discussion, there was a bingo parlor that had had
asked for a 3 year extension to provide for the solid physical barrier. The current ordinance also
provided for 3 years to build a barrier for the effective date of the new ordinance. He felt that
was not the intent and that the intent was to have the conversion completed by 2016. The
proposed ordinance would need to be adjusted to not give another 3 years to complete.
Baker reviewed Cigar Bar as defined in the current definitions.
Council Member Johnson stated that if a cigar bar was going to be defined with percentages he
had no clue on what would be appropriate for percentages.
Baker stated that the wording was recommended by the American Heart Association but was not
included in the Denton ordinance.
City of Denton City Council Minutes
April 7, 2015
Page 25
Council Member Gregory stated that with percentages for enforcement, the City would have to
audit books regularly or on a complaint basis.
Baker stated that the tendency was to do it on a complaint basis but with the new ordinance with
new standards a base line might have to be set.
Council discussed the concept of percentages for a cigar bar, the clarification of humidification
systems for cigar bars and whether a permit was currently issued for a cigar bar.
Baker continued with the definition of tobacco /vape shop, reviewing the current definition and
the American Heart Association recommendation.
City Attorney Burgess stated that Council should work off the documents in the agenda backup
and not off the redlined version. In terms of the percentages issue, the ordinance was criminal in
nature and violations would be criminal. As Council moved forward on the enforcement issues
there would have to be proof beyond a reasonable doubt of all of the elements. With these kinds
of percentages, the evidence would include an audit from the business. As Council thought about
enforcement and how to prove the elements it should be remembered that the burden would be to
prove beyond a reasonable doubt which without a warrant or the cooperation of the business
would be difficult.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Korey Stamp, 2121 Stella St., Denton, 76201 — support
Council Member Hawkins asked Stamp if he felt that he had to work in a smoking environment
or could he go somewhere else to work.
Stamp felt that he could not leave due to job conditions because when you start out as a door
person and move up through the ranks, it could take years if you had to go somewhere else to
start over.
Travis Barton, 613 W. Hickory St. Apt. 4, Denton, 76201 - opposed
Susan Vaughn, 1330 Phoenix, Denton, 76205 - opposed
Charlie Nolet, 119 W. Hickory St., Denton, 76201 - opposed
Council Member Ryan asked Nolet if he would be in favor of posing a sign on the door of his
establishment regarding smoking.
Nolet replied that he already had a sign posted.
Council Member Johnson stated that this was a complicated issue on both sides and questioned
Nolet what percentage of his employees smoked.
City of Denton City Council Minutes
April 7, 2015
Page 26
Nolet replied probably more than 50 %. There were only a few bars left that allowed smoking and
they were containing the smoke in an area rather than outside by non - smokers.
Lloyd Banks, 1009 Ave C., Denton, 76201 - opposed
Daniel Davis, 1717 Oak Tree Dr., Denton, 76209 - opposed
Nancy DiMarco, 8425 Stallion, Denton, 76208 - in support of the ban
Council Member Hawkins questioned DiMarco where the government role was in health issues.
DiMarco stated that if someone chose to smoke that was their choice. The problem was when it
overlapped on someone's inability to choose.
Michael Hennin, 724 Thomas St., Denton, 76201 - in support
Joe Pat Hennin, 3324 Brooke St., Denton, 76207 - in support
Council Member Johnson stated that bartenders had choices on whether to work in a smoking
environment but entertainers did not always have those choices. He questioned Hennin
regarding the percentages of bars he performed that allowed smoking.
Hennin stated that he made a choice and rarely played at a smoking bar. However, there were
those who could not make that choice. Most of his colleagues preferred a non - smoking
environment.
Haile Gibbs, 2532 Plain Trail, Haslet, 76052 - in support
Kelsey Burnstein, 8202 Polar Dr., Austin, 78757 - support
Council Member Engelbrecht questioned Burnstein in terms of how many other cities had
percentages for cigar bars.
Burnstein stated that the Dallas ordinance had percentages did as well as the Plano ordinance.
Christopher Walker, 805 Emery St., Denton, 76201 - support
Patricia Marciatto, 2011 Tori Oak Trail, Corinth, 7610 - opposed
Kay Kamm, 8900 John W. Carpenter Fwy., Dallas - support
John Bain read a statement provided by Dr. Masciarelli - opposed
Dr. Hershel Vorhees, 1334 Ruidosa Ct., Denton, 76205 - support
Pam Gibbs, 2020 Kendolph, Denton, 76205 - opposed but support not selling E -cigs to
minors
Jennifer Gibbs, 318 W. Congress, Denton, 76201 - opposed
Beyonca DeLeon, 615 E. University Dr., Denton, 76209 - opposed
Tara Linn Hunter, 118 Bernard, Denton, 76201 - support
Alfredo Avila, 2100 Spencer Rd. Apt 510, Denton, 76205 - support
Ed Soph, 1620 Victoria Dr., Denton, 76209, in support
Comment cards were submitted by the following:
Arianna Waitz, 832 Abbots Lane, Denton, 76205 — opposed
Calvin Lang, 2120 Mitchell, Krum, 76240 — opposed
City of Denton City Council Minutes
April 7, 2015
Page 27
Paul Rogers, 4181 Silver Dome, Denton, 76208 — opposed
Maegan Baugh, 2106 Preston, Denton, 76209 — opposed
Blake McDaniel, 3405 Cactus, Denton, 76201 — opposed
Scott Williams, 7911 Airfield, Sanger, 76266 — opposed
Matthew Woods, 1604 N. Ruddell, Denton, 76209 — opposed
Charlie Nolet, 708 Thomas St., Denton, 76201 - opposed
Edgar Kautsch, 1606 E. McKinney, Denton, 76201 - opposed
Christina Jones, 325 E. Windsor, Denton, 76208 - opposed
Katlyn Woodruff, 1408 Teasley Ln. 43914, Denton, 76205 - opposed
Buddy Rowe, 700 Coronado Dr., Denton, 76209
Lindsey T., 708 Thomas St., Denton, 762014 — opposed
Laura Crow, 3232 N. Locust 4715, Denton, 76207 - opposed
Estaban Rameriz, 2917 Croydon St., Denton, 76209 - opposed
Taylor Haywood, 195 Rosewood Drive, Denton, 76227 - opposed
Casey McGowen, 990 West Highland St., Denton, 76201 - support
Adam Arnold, 318 W. Congress St., Denton, 76201 - opposed
Carey Bilyeu, 2019 N. Locust, Denton, 76209 - opposed
James Bostick, 1610 Highland Park Rd., Denton, 76205 - opposed
Colette Johnson, 3911 Morse St., Denton, 76208 - support
Keely Briggs, 3108 Broken Bow, Denton, 76209 - opposed
Kamon Conner, 908 N. Austin St., Denton, 76201 - support
Jaqulyne Coleman, 908 N. Austin St., Denton, 76201 - support
Ellen Painter, 909 Garnet Cove, Oak Point, 75068 - support
Megan Gibbs, 160 E. Vista Ridge Mall Drive 4316, Lewisville, 75067 - support
Laura Valentino, 3815 Stuart Rd. Apt 36, Denton, 76209 - support
Elizabeth Wachira, 1017 Canyon Drive, Justin, 76247 - support
Anna Olson, 2320 Taylor Street 423312, Dallas, 75201 - support
Donald Poer, 1716 Eagle Dr, Denton, 76201 - support
Melissa Poliseno, 2609 Loon Lake Rd, Denton, 76210 - support
Scott Poliseno, 2609 Loon Lake Rd, Denton, 76210 - support
Taylor Bailey, 811 Welch, Denton, 76201 - support
Austin Hendren, 7104 Frost Lane, Denton, 76210 - support
Stan Morton, 43 Wellington Oak Circle, Denton, 76210 - support
Tabitha Millsop, 501 Denton St., Sanger, 76266 - support
Cortney Nicolato, 1840 Meadows Ave., Lantana, 76226 - support
Kelly McArthur, 113 Las Colinas Trl, Crossroads, 76227 - support
Corey Nunns, 1408 Teasley 4221, Denton, 76205 - opposed
Richard Underwood, 615 E. University, Denton, 76209 - opposed
Julie Elliott, 1803 N. Elm, Denton, 76201 - opposed
Erin Rener, 1508 Morse St., Denton, 76205 - opposed
Brook Johnson, 1680 Stanford, Denton, 76210 - opposed
Travis Johnson, 1680 Stanford, Denton, 76210 - opposed
Sonnie Shelton, 108 W. Oak St. Ste. C, Denton, 76201 - opposed
Matthew Clark, 1001 Wintercreek Dr., Denton, 76201 - opposed
Ethan Sharp, 1605 N. Ruddell St., Denton, 76209 - opposed
Andy Odom, 1208 Piping Rock, Denton - support
Kelsey Kinser, 3504 Shadow Trail, Denton, 76207 — support
Harrison Wicks, 3111 Darby Lane, Denton, 76209 - support
City of Denton City Council Minutes
April 7, 2015
Page 28
Additional speakers included:
Youvonna Mutzinger 3919 Gayla, Denton, - opposed
Rhonda Love, 1921 Hollyhill, Denton — support
Jennifer Lane, 1526 Willowwood, Denton - support
Buddy Rowe, 700 Coronado, Denton, 76209 — opposed
Billy Poer, 1716 Eagle, Denton, 76201 — support
Scott Poliseno, 2609 Loon Lake Road, Denton, 76210 — support
Council Member Johnson stated that he was having a problem regarding the differentiation of
what this was about. If it was about work place safety and the employee who did not have a
choice on where to work, it was one thing. If it was about taking an action to reduce the overall
smoking rate in the nation and be an overall healthier state, that was another thing. His question
to Poliseno was whether the employees at Cigar Frogs mattered.
Poliseno stated that it was difficult to determine where to draw the line. It came down to
changing social norms and future generations.
Council Member Johnson asked Poliseno to respond to his question as he was talking about cigar
smoke versus cigarette smoke. He had not found any data that indicated that secondhand cigar
smoke was not harmful. So his question was did the employees as Cigar Frogs matter as that
business would not be affected by the proposed smoking ordinance.
Poliseno stated yes that they mattered and he would rather see the business close than affect the
employees.
Andy Bostwick, 1610 Highland Park Road, Denton - opposed
Lynn Taylor, 119 W. Hickory, Denton - opposed
Scott Campbell, 420 Sherman Drive, Denton — opposed
The Mayor closed the public hearing.
Mayor Pro Tem Engelbrecht stated that a comment had been made that secondhand smoke was
harmful but people wanted to make their own choices. He had asked the City Attorney if
attempting suicide was an offense.
City Attorney Burgess stated that an attempted or successful suicide was not an offense.
Mayor Pro Tem Engelbrecht stated that he had asked that question because of the health issue.
People had a choice. He had a problem with the comment of a question of choice when it came
to public health.
Council Member Johnson stated that he was frustrated that the issue was being discussed. Two
years ago a citizens advisory committee spent time considering the issue and presented a
recommendation to Council. There was not a citizen committee to help with the decision on this
revision. People had made financial decisions based on the original ordinance. If the ordinance
before was to give people time to change their business model, it should have said that. If the
City of Denton City Council Minutes
April 7, 2015
Page 29
reason was to not have children smoke, then make that the reason. If it's about forcing everyone
on the sidewalks then that violated what people have said. If it was about employee safety then
what about the employees in the cigar bars and the bingo parlors. If the ordinance was passed,
he would like Council to consider a sunset provision to allow those establishments that still
permit smoking to have time to reinvent themselves and not put them in a bad financial position.
Council Member Gregory stated that at the time the original ordinance was passed, he was on
Council and knew that Council had indicated that they wanted to come back and revisit the
ordinance. At the time it was passed, there were restaurant owners who had indicated that their
businesses would be harmed if smoking was banned. He wanted to hear from restaurant owners
if their businesses had been hurt since the passage of the original ordinance. He did not
remember a pledge to reform the committee or form a new committee to consider the proposal.
He was in favor of a more comprehensive ban to protect citizens.
Council Member Ryan stated that he was against the ordinance as it was an infringement against
business owner's rights. The process was naturally progressing to non - smoking bars but there
was a hitch that served a need. He was on the ad hoc committee two years ago and they were told
that the committee would be reconvened when the issue was revisited. He agreed with the
provisions regarding the E -cigs. He suggested creating another citizen committee to help work
through the issue.
Council Member Hawkins stated that it was legal to smoke and it was a personal choice to go
into a smoking establishment. It was an individual's choice whether or not to work in a smoking
establishment. His love of people's freedom to choose, trumped his dislike of smoking.
Mayor Watts stated that he was not able to be present at the meeting two years ago when this
issue was voted on. Had he been at that meeting, he would have voted for a complete ban. He
did not feel it was necessary to reconvene the committee to take comments on the issue. There
had been a lot of discussion on where the line was on personal choice and on government. He
supported the ordinance but not to the extent that it would dramatically affect people financially.
He would agree with a time to allow business owners to plan for what ultimately would be a
complete ban.
Council Member Roden questioned that as there were so many elements of the ordinance, would
be better to make a motion on each item or make a general motion and accept amendments as
they were presented.
Mayor Pro Tem Engelbrecht stated if Council was considering a grandfather clause for some of
the establishments, maybe as high as 11 establishments, he would suggest holding consideration
for a month to see if the four mentioned earlier really went non - smoking.
Council Member Roden motioned to adopt the ordinance as presented in the backup with the
following changes: (1) change the definition in Section 1 regarding open air patio to an outdoor
space generally used for dining or recreation that adjoins a building and typically contains an
improved surface.
Mayor Watts questioned the use of the word dining as bars that were unable to serve food would
not be able to use their outside space as a patio.
City of Denton City Council Minutes
April 7, 2015
Page 30
Council Member Roden stated that his intent was that if it were an outdoor space, smoking
would be allowed.
He continued with his motion: (2) delete the section dealing with a 30 foot buffer, (3) pursue a
grandfather clause to identify bars that claimed to be smoking and to be identified as such (4)
any new bar would have to be under the general terms of this ordinance so Section 2.a.13 would
need to be changed to "bars except as otherwise permitted in this ordinance ", (5) change Section
4a to include " an existing bar that has registered with the city of Denton as a smoking bar by a
specific date determined by an administrative process ", (6) create an administrative process
whereby existing bars can register as a smoking bar with requirements to include the bar must
have been an existing bar at the time the ordinance was amended, must not allow admittance to
persons under the age of 18, must provide signage created by the city of Denton identifying them
as a smoking establishment and must not allow live music performances.
Council Member Johnson stated that if the goal for the grandfathering was to not harm the
businesses, if a bar had a patio, would they not be grandfathered.
Council Member Roden stated that the intent was that as there were a certain number of existing
smoking bars at this point, that number would be maintained until the grandfathering condition
expired.
Council Member Gregory questioned what a sunset provision would include as opposed to the
grandfather provision.
Council Member Roden suggested that he complete his motion and then Council could have
discussion. He continued with his amendments: (7) add to Section 5.a "Signage" requiring
smoking bars to have a sign at the entrance identifying them as a smoking establishment; (8)
include wording in the cigar bar definition a type of humidor to make it a full fledge cigar bar
rather than not.
City Attorney Burgess asked about the motion as it related to Section 2 where there was smoking
prohibited in certain locations. She questioned the intent as it related to E -cigs.
Council Member Roden stated they would be prohibited in the same locations as cigarettes.
Mayor Pro Tem Engelbrecht asked about whether the distance restriction would be 30 feet from
any entrance.
Council Member Roden stated that his amendment would strike the entire Section 2.a.21 and not
have it there at all.
Council Member Johnson questioned if these amendments would force smokers outside the
building and would force people going into a non - smoking establishment to walk through smoke.
If the smokers were pushed out of the buildings and could smoke within 30 feet of a door, it
would only get worse. He would have a problem removing that section completely as it would
put smoking out where non - smokers would have to walk.
City of Denton City Council Minutes
April 7, 2015
Page 31
Council Member Roden stated that his motion would maintain the current situation. There
would be no new smoking bars, would freeze the situation of the number of smoking bars and by
changing over time that number would be reduced. His motion would not change the distance
immediately.
Council Member Hawkins stated that he appreciated the grandfather clause but not allowing
them to have live music would force them to make a decision on which way to do business. He
would not be able to vote on that amendment.
Council Member Gregory seconded the motion if Council Member Roden would agree to an
amendment to Section 4.a.5 regarding bingo parlors that they would have only have to January
2016 to comply.
Council Member Roden accepted that amendment to his motion.
Council Member Hawkins felt that existing bars should be able to have live music.
City Attorney Burgess requested clarification on the grandfathering issue in terms of what would
trigger the end of grandfather period whether that would be a change of use from a bar to another
use, a change in ownership, or a specified a period of time.
Council Member Roden suggested including the first two provisions recommended in the
grandfathering whichever came first.
Council Member Ryan stated that he would not agree with banning live music. He stated that he
would like to table the proposal so as to be able to see the changes as suggested. He would like
to motion to table with an amendment to allow live music.
Mayor Watts stated that he was uncomfortable approving the ordinance at this time without
having an opportunity to discuss in a Work Session all of the amendments suggested.
Council discussed whether to continue the item, continue discussion at this meeting, and what
the process would be when reviewing the ordinance as amended.
Council Member Ryan motioned, Council Member Hawkins seconded to continue the ordinance
until a draft was ready for review in a Work Session. 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.
H. A15 -0012 Hold the first of two public hearings to consider the annexation of
approximately 678.49 acres of land contained in eight of the fifteen annexation areas,
which received a Non - Annexation Agreement in 2010, and do not comply with the
exemption requirements in the Texas Local Government Code Chapter 43.035 or did
not execute a Non - Annexation Extension Agreement. Four annexation areas consist of
approximately 508.79 acres, generally located in northwestern quadrant of the City of
Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAAl,
City of Denton City Council Minutes
April 7, 2015
Page 32
PAA2, PAA3, and PAA4. The remaining four areas include approximately 169.70
acres of land, and are unincorporated ETJ pockets located within the body of the City
of Denton's corporate limits, and identified as DH2, DH3, DH4, and DH11; providing
for severability and an effective date.
Aimee Bissett, Interim Director of Planning and Development, stated that as part of the
annexation initiative in 2010, the City Council approved several ordinances for Non Annexation
Agreements (NAAs) in annexation areas referred to as DHI, DH2, DH3, DH4, DH5, DH11,
DH14, PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years and had
cessation dates of February 9, 2015 and March 2, 2015. In 2014, City Council directed staff
to offer a one year extension to the original agreements. Pursuant to the Texas Local
Government Code (Tx.LGC) Subchapter B Section 43.035, properties that continued to meet
the stated criteria of agricultural, wildlife management or timberland uses were offered a
Non - Annexation Extension Agreement. Each property owner received by certified mail a
Non - Annexation Extension Agreement with a cover letter explaining their options and
deadline date. In total, about 130 agreements were signed and notarized for approximately
183 properties. The signed Non - Annexation Extension Agreements were approved by City
Council on March 3, 2015. However, there were nearly 12 properties from 2010 that no
longer complied with the exemption requirements, and approximately 40 properties that met
the exemption requirements status but did not execute the Non - Annexation Extension
Agreement. These properties encompass roughly 701.35 acres of land in the following
annexation areas: DH2, DH3, DH4, DH5, DH11, PAA1, PAA2, PAA3, and PAA4. She reviewed
the areas for this annexation, and the provisions of the services from the service plan. Staff was
recommending approval.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Debra Cottle, 480 Hickory Creek, Krum, 76249 - spoke in opposition
Ladonna and Larry Pockrus, 7080 Wolf Run, Ponder, 76259 - spoke in opposition
Pat deBaca, 9861 Jim Christal, Krum, 6249 - spoke in opposition
Robin Gregory, 491 Hickory Creek, Krum, 76249 - spoke in opposition
A comment card was submitted by John Duncan, 1000 S. Mayhill, Denton, 76202 in opposition.
The Mayor closed the public hearing.
No action was required on this item at this time.
L DCA14 -0009f Continue a public hearing and consider adoption of an ordinance
amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to
Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance
No. 2013 -248, relating to planning and development fees and road damage
remediation fees relating to gas well drilling and production activities; adding new
Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines,
Definitions, Procedures; providing a cumulative clause; providing a severability
City of Denton City Council Minutes
April 7, 2015
Page 33
clause; providing for a penalty; and providing for an effective date (DCA14- 0009f).
The Planning and Zoning Commission recommends denial (4 -3). A supermajority
vote by City Council is required to adopt a motion to approve this ordinance.
Mayor Watts stated this was a continuation of the public hearing and Council would take public
comment at this time.
Chance Wilson, 1209 CR 1304, Bridgeport, 76426 — spoke in opposition
Comment cards were received from the following:
Harrison Wicks, 3111 Darby Lane, Denton, 76207 — opposed
James and Elizabeth Fagan, 3304 Woodthrush, Denton, 76209 — opposed
Council Member Gregory motioned, Mayor Pro Tem Engelbrecht seconded to continue the
public hearing to the Council's April 14, 2015 meeting. 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.
8. CITIZEN REPORTS
There were no citizen reports for this section of the agenda.
9. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items
of community interest regarding which no action will be taken, to include: expressions
of thanks, congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or other citizen;
a reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; or an announcement involving an imminent threat to
the public health and safety of people in the municipality that has arisen after the
posting of the agenda..
Council Member Ryan requested information on ways to encourage slower traffic on
Oak/Hickory near Bell Avenue.
Council Member Ryan requested a report to the Committee on Citizen Engagement concerning
the Rapid SOS software in terms of cost and what it did.
City of Denton City Council Minutes
April 7, 2015
Page 34
Mayor Pro Tem Engelbrecht requested a better explanation of the purpose and promotion of the
red light cameras.
B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted
There was no continuation of the Closed Meeting.
With no fur 1pr business, the meeting was adjourned at 3:15 a.m.
CHRJ S W `l"I"S� -/
MAYOR
CITY OF DENTON, TEXAS