December 15, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES
December 15, 2015
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 15, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Roden, Council Member Johnson, Council Member Hawkins,
Council Member Briggs, Mayor Pro Tem Gregory, Council Member Wazny and
Mayor Watts.
ABSENT: None.
Citizen Comments on Consent Agenda Items
There were no comments presented by citizens.
2. Requests for clarification of agenda items listed on the agenda for December 15, 2015.
Mayor Watts stated that Council had talked about a public hearing for Item 6B to hear from the
community and that the Council was probably not voting on the resolution at this meeting.
Council Member Wazny stated that she would like to postpone the resolution but to move forward
with the public hearing but only that and not consider the resolution.
Mayor Pro Tem Gregory stated that during the public hearing he was going to motion to postpone
the item until January.
Council Member Briggs stated that she was also in agreement with postponing the resolution.
Council Member Roden questioned if the purpose was to continue the resolution to provide
direction to staff.
Mayor Watts stated that the item was posted to give broad direction on the issue.
City Attorney Burgess stated that Council would have latitude on how to handle the item including
seeking public input and then reserving options with regards to direction to staff after the public
hearing.
Council Member Briggs asked about Consent Agenda Item B and whether the contract could be
changed after committing to it.
Phil Williams, General Manager -DME, stated that the purchase was for poles and a change order
could be done if needed.
Council Member Wazny felt that Council direction had been given to postpone action on the Eagle
Substation (Item 5A) while actions were taking place with the property owners.
City Manager Campbell stated that he was going to ask to have the item moved to another agenda.
Council Member Wazny requested that Consent Agenda Item P be considered individually.
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December 15, 2015
Page 2
City Attorney Burgess felt that the original ordinance was too broad in one of the sections and had
prepared an alternative draft for consideration. She had drafted a finer edge on what could be
confidential information.
Council Member Wazny stated that she would like the item pulled in order to inform the public
about the changes.
Mayor Pro Tem Gregory requested that Consent Agenda Item J be moved to individual
consideration.
Work Session Reports
A. SI15 -0022 Receive a report, hold a discussion, and give staff direction regarding the
regulation and economic impact of mobile food vendors in the City of Denton.
Aimee Bissett, Director of Development Services, presented information on food trucks operating
in the City, how to regulate them, and how to move forward to accommodate negative impacts.
She reviewed background information on the regulating of food trucks in terms of food trucks as
an economic impact in the area of entrepreneurship and revitalization.
Council discussed the payment of sales taxes by the food trucks and location of the trucks for ad
valorem tax purposes.
Bissett continued with the process to include a food truck parking permit and targeted areas for the
trucks to park in public lots.
Council discussed the competition of food trucks with established businesses and food trucks
paying for the use of public streets /parking lots.
Bissett reviewed the creation of this use in the Development Code for food truck parks to help with
the parking issue, public /private partnerships in terms of food truck parks and commissaries. She
presented options for Council consideration.
Council discussed what the role was of government in this issue, whether to allow private business
to use public land for profit, whether this proposal would give food trucks a competitive advantage
over established businesses if allowed to use city streets, and should the food trucks pay for that
option. They were in favor of receiving comments from stakeholders on the proposal and were
not in favor of options to allow food trucks to use public parking as there was such a shortage of
parking in the downtown area.
Council consensus favored Option 3, to monitor food trucks to see if they were paying sales tax
from the State report and bring options back separately for consideration in an ordinance. A
suggestion was also made to revise the current ordinance for health inspections so that they did
not occur after notification of where the trucks were located and to allow time for stakeholder
input.
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December 15, 2015
Page 3
B. ID 15 -1180 Receive a report, hold a discussion, and give staff direction on the Denton
Renewable plan and activities related to the future power supply plans to meet the City's
growth and needs.
Phil Williams, General Manager -DME, presented the Renewable Denton Plan components. Those
components included renewables, market purchases, quick start generation, whether the plans
would reduce emissions, and discussion points of battery storage.
Council discussion points included (1) would Denton be producing for ERCOT and what would
be those figures, (2) circumstances for ERCOT to request Denton to turn on Quick Start, (3) the
Charter requirement not sell energy to anyone outside Denton lower than what could be provided
to its own customers and how that related to ERCOT, (4) difference in the cost of Quick Start units
between 6 units and an additional 6 units, (5) cost projections for the proposed site productions,
(6) the future of gas prices and (7) the future of gas powered plants
C. ID 15 -1240 Receive a report, hold a discussion, and give staff direction regarding the
notification process utilized by Development Services.
Aimee Bissett, Director of Development Services, reviewed the notification process, the different
types of notifications, what governed those notifications and processes in place to minimize errors.
Such notices included zoning case notifications and neighborhood meeting processes.
Council points included different departments with different processes for notifications, use
technology for the notification processes, and neighborhoods need better notification of upcoming
projects.
Bissett stated that suggested changes to get information out to citizens included developer
meetings, augment the 200/500 foot notification system with the City website on the home page,
a notification listing public meetings for 200/500 meetings and developer's meetings, buy space in
Denton Record - Chronicle for Sunday ads noting meetings plus Twitter and FaceBook
notifications.
D. ID 15 -1255 Receive a report, hold a discussion, and give staff direction regarding a proposed
Economic Development Chapter 380 Grant Agreement with US Aviation Group, LLC, for a
business expansion at the Denton Enterprise Airport.
Carline Booth, Assistant Director of Economic Development, presented the growth of the US
Aviation Group over the years it had been in Denton, Denton's incentive policy, and incentive
recommendation.
Council discussed whether prior projects had been done without incentives, new job information
and employee salaries.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
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December 15, 2015
Page 4
A. ID 15 -1256 Deliberations regarding Economic Development Negotiations - Under
Texas Government Code Section 551.087. Receive a report and hold a discussion
regarding a proposed economic development program grant agreement between the
City of Denton and US Aviation Group, LLC. This discussion shall include
commercial and financial information the City Council has received from US
Aviation Group, LLC, a business prospect 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; deliberate the economic
development program grant agreement between the City of Denton and US Aviation
Group, LLC. [ID 15 -1257]
B. ID 15 -1307 Consultation with Attorney's - Under Texas Government Code, Section
551.071. Consult with the City's attorneys regarding legal issues associated with the
revocation or modification of a Specific Use Permit for Akers Towing 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 of Texas. [ID
15 -1284]
C. ID 15 -1172 Deliberations Regarding Certain Public Power Utilities: Competitive
Matters - Under Texas Government Code Section 551.086. Receive a presentation
from Denton Municipal Electric staff ( "DME ") regarding public power competitive
and financial matters pertaining to plans, strategies, opportunities, and developments
for generation improvements to the DME system; discuss and deliberate strategies
regarding same; discuss and deliberate opportunities and strategies for the City to
acquire purchased power and enter into agreements regarding the same, in order to
meet its future energy needs. Discuss, deliberate and provide Staff with
direction. [15 -1260]
D. ID 15 -761 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 and discuss, deliberate, and provide
staff with direction regarding the potential acquisition of real property interests
located in Lot 1, Block 2 of the Municipal Utility Addition as shown by the plat
thereof recorded in Cabinet G Page 346 of the P.R.D.C.T., in the City of Denton,
Denton County, Texas; where discussion had, deliberation, and direction given, by
the Denton City Council in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third party. Consultation
with the City's attorneys regarding legal issues associated with the acquisition of the
real property interests described above; discussion of these legal matters in an open
meeting 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. [Brinker Substation]
E. ID 15 -1321 Consultation with Attorneys - Under Texas Government Code, Section
551.071. Consult with the City's attorneys about Verizon Southwest, Inc.'s unpaid
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December 15, 2015
Page 5
pole attachment fees including the status of settlement negotiations, potential
litigation, and related issues. Discuss, deliberate and provide the City's attorneys with
direction and any recommendations regarding such legal matter. A public discussion
of this legal matter would conflict with the duty of the City's Attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas.
F. ID 15 -1325 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
the E. Puchalski Survey, Abstract No. 996, located generally in the 1200 Block of N.
I -35E, City of Denton, Denton County, Texas. Consultation with the City's attorneys
regarding legal issues associated with the acquisition or condemnation of the real
property interests referenced above where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceeding or potential litigation. (Denton Fire Station No. 3 Rebuild)
G. ID 15 -1326 Consultation with Attorneys - Under Texas Government Code, Sec.
551.071. Consult with the City's attorneys regarding the present status of settlement
negotiations regarding pending litigation styled: City of Denton, Texas v. NRG Power
Marketing, LLC, Cause No. 15- 01404 -16, now pending in the 16th Judicial District
Court of Denton County, Texas, and discuss, deliberate and provide the City's
attorneys with direction and any recommendations regarding such legal matter. A
public discussion of this legal matter would conflict with the duty of the City's
Attorneys to the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
H. ID 15 -1329 Consultation with Attorneys - Under Texas Government Code §551.071.
Consult with the City's Attorneys on the status, strategy, and potential resolution of
litigation styled Bishop v. City of Denton, Texas and Darius M. Porter, Cause No.
4:14 -CV -608, currently pending in the US District Court for the Eastern District of
Texas, Sherman Division.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
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
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December 15, 2015
Page 6
A. ID 15 -1190 Presentation by Denton County Friends of the Family
A presentation was made by the Executive Director of Friends of the Family. Mayor Watts
thanked the Friends of the Family for their services to the city of Denton.
B. ID 15 -1300 Volunteer appreciation for Eureka 2 Playground Project
Mayor Watts presented appreciation certificates for volunteer members for the Eureka 2
playground project.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public
1. ID 15 -1311 Marc Moffitt regarding various issues.
Mr. Moffitt spoke about a recent Council meeting concerning ethics. He felt that only the minimum
effort had been made in this area. Highest standards should always be the standard and not the
minimum.
C. Additional Citizen Reports
Ed Soph and Carol Soph commented on the Gas Well Emergency Seminar. They thanked the
people who attended and for staff who were present at the seminar.
4. CONSENT AGENDA
Mayor Watts announces that 6B would have the public hearing but the resolution associated with
the item would not be discussed. He noted that Consent Agenda Items J and P would be pulled
for individual consideration.
Council Member Hawkins motioned, Council Member Roden seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items J and P. On
roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts "aye ",
Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye"
and Council Member Wazny "aye ". Motion carried unanimously.
Resolution No. R2015 -046
A. ID 15 -1224 Consider approval of a resolution to the City Council of the City of
Denton, Texas authorizing the filing and acceptance of a contract with the Solid
Waste & Recycling Department (SW &R) and South Forks Trinity River Mitigation
Group 1, LP, for the SW &R to purchase mitigation credits to offset impacts to the
Waters of the United States in providing wetland mitigation, in the preparation,
development and submittal of a permit application for lateral expansion and
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December 15, 2015
Page 7
associated services pertaining to the City of Denton Landfill (MSW Permit 41590a);
authorizing the expenditure of funds in the stated amount of $66,888, and providing
an effective date.
Ordinance No. 2015 -376
B. ID 15 -1229 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of electric substation galvanized tubular steel
structures for Denton Municipal Electric; providing for the expenditure of funds
therefore; and providing an effective date (RFP 5841- awarded to Techline, Inc. in the
(3) year not -to- exceed amount of $1,840,000).
Ordinance No. 2015 -377
C. ID 15 -1257 Consider adoption of an ordinance establishing an Economic
Development Program under Chapter 380 of the Local Government Code for making
grants of public money to promote economic development and to stimulate business
activity in the city of Denton; approving an economic development program grant
agreement with US Aviation Group, LLC, setting forth the various conditions
precedent to US Aviation Group, LLC receiving the program grant; providing for a
severability clause; and providing an effective date.
Ordinance No. 2015 -378
D. ID 15 -1261 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 four (4) dump trucks, two (2)
haul trucks, and ten (10) refuse trucks for the City of Denton Wastewater Collections,
Drainage, Solid Waste, and Parks Departments; and providing an effective date (File
5980- awarded to Rush Truck Center, Crane in the amount of $2,560,878).
Ordinance No. 2015 -379
E. ID 15 -1262 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of electric rubber insulated termination and
separable goods and accessories to be stocked in the City of Denton Distribution
Center; providing for the expenditure of funds therefor; and providing an effective
date (RFP 5928- awarded to Techline, Inc. in the three (3) year not -to- exceed amount
of $650,000).
Ordinance No. 2015 -380
F. ID 15 -1268 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas, authorizing the City Manager to execute a professional services
agreement for Sales Tax Compliance Review Services for the City of Denton Finance
Department; providing for the expenditure of funds therefor; and providing an
effective date (File 6000- awarded to TexasCityServices LLC in the recovery fee
percentage of 32% of additional sale /use taxes received in the first year of the contract
and 36% of additional sales /use taxes received for the second and third years of the
contract period). The Audit/Finance Committee recommends approval (2 -0).
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December 15, 2015
Page 8
Ordinance No. 2015 -381
G. ID 15 -1270 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving a three (3) year support service contract for Microsoft
Premier Support Services for the City of Denton, which is available from only one
source and in accordance with Chapter 252.022 of the Texas Local Government Code
such purchases are exempt from the requirements of competitive bidding; and
providing an effective date (File 5737- awarded to Microsoft Corporation in the three
(3) year not -to- exceed amount of $208,000).
Resolution No. R2015 -047
H. ID 15 -1272 Consider approval of a resolution of the City Council of the City of
Denton, Texas authorizing the filing of a project application with the North Central
Texas Council of Governments for a Regional Household Hazardous Waste Grant,
Regional Collaborative Project, source reduction and recycling; delegating and
authorizing George C. Campbell, City Manager, or his designate, to act on behalf of
the City in all other matters that are related to this project application, pledging that
if funding for this project is received, the City of Denton, Texas will comply with all
project requirements of the North Central Texas Council of Governments, the Texas
Commission on Environmental Quality, and the State of Texas, and providing for an
effective date.
Resolution No. R2015 -048
Resolution No. R2015 -049
L ID 15 -1277 Consider approval of two resolutions of the City Council of the City of
Denton, Texas authorizing the filing of a project application with the North Central
Texas Council of Governments for a Regional Solid Waste Program - Local
Government Project, source reduction and recycling; delegating and authorizing
George C. Campbell, City Manager, or his designate, to act on behalf of the City in
all other matters that are related to this project application, pledging that if funding
for this project is received, the City of Denton, Texas will comply with all project
requirements of the North Central Texas Council of Governments, the Texas
Commission on Environmental Quality, and the State of Texas, and providing for an
effective date.
Ordinance No. 2015 -382
K. ID 15 -1282 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving the purchase of Excess Liability Insurance Coverage
for the City of Denton, through the City's sole broker of record, McGriff, Seibels, and
Williams of Texas, Inc., and in accordance with Chapter 252.024 of the Texas Local
Government Code such coverage is exempt from the requirements of competitive
bidding; and providing an effective date (File 6020 awarded to Illinois Union
Insurance Company in the one (1) year not -to- exceed amount of $197,590 and a three
(3) year not -to- exceed amount of $654,000).
Ordinance No. 2015 -383
L. ID 15 -1288 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager, or his designee, to execute on behalf of the City of Denton an
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December 15, 2015
Page 9
acceptance of an offer from the Texas Department of Transportation relating to a grant
for Routine Airport Maintenance Program; authorizing the City Manager to expend
funds provided for in the grant program; and declaring an effective date (TxDOT CSJ
No.: M618DNTON). The Airport Advisory Board recommends approval (6 -0).
Ordinance No. 2015 -384
M. ID 15 -1292 Consider adoption of an ordinance of the City of Denton amending certain
provisions of Chapter 23 "Police" of the Code of Ordinances of the City of Denton to
conform with certain provisions of state law; providing a severability clause;
providing a savings clause; providing for a penalty not to exceed $500 for violations
of this ordinance; and providing an effective date.
Ordinance No. 2015 -385
N. ID 15 -1293 Consider adoption of an ordinance of the City of Denton, Texas,
amending Ordinance no. 2015 -336 relating to fees for non - consent towing within the
City of Denton pursuant to Chapter 23, Article V of the Code of Ordinances of the
City of Denton, Texas; providing that a schedule of fees shall be maintained on file
in the office of the City Secretary; providing a savings clause; providing a severability
clause; and providing an effective date.
Ordinance No. 2015 -386
O. ID 15 -1294 Consider adoption of an ordinance of the City of Denton, Texas amending
the provisions of Chapter 18 "Motor Vehicles and Traffic" by amending Section 18-
104(a) (1) relating to the impoundment of standing or parked vehicles by increasing
the towing fee; providing a severability clause; providing a repealer clause; providing
a savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; and providing for an effective date.
Ordinance No. 2015 -388
Q. ID 15 -1316 Consider adoption of an ordinance approving an Advance Funding
Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in
the amount of $2,000,000.00 between the City of Denton and the State of Texas for
the design and construction of a roundabout on North Texas Boulevard at IH35E in
the City of Denton, authorizing the expenditure of funds therefor; and providing an
effective date.
Ordinance No. 20215 -389
R. ID 15 -1317 Consider adoption of an ordinance approving an Advance Funding
Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in
the amount of $3,000,000.00 between the City of Denton and the State of Texas for
the reconstruction and widening of Hickory Creek Road from FM 2181 to Proposed
FM 2499 in the City of Denton, authorizing the expenditure of funds therefor; and
providing an effective date.
Item J. was considered.
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December 15, 2015
Page 10
Resolution No. R2015 -050
J. ID 15 -1280 Consider approval of a resolution of the City of Denton, Texas affirming
its desire to remove FM 426 (McKinney Street) off the Texas Department of
Transportation roadway system, directing staff to submit official correspondence to
TxDOT regarding this desire; and providing an effective date. The Mobility
Committee recommends approval (3 -0).
Mark Nelson, Director of Transportation, presented information on the purpose of the resolution,
project description, current status, and status of the project if Council approved the resolution.
Council discussed the proposal, length of time to complete and design of the project.
Willie Hudspeth, 623 Newton, Denton, spoke on the item.
Council Member Briggs motioned, Mayor Pro Tem Gregory seconded to approve the resolution.
On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts
"aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory
"aye ", and Council Member Wazny "aye ". Motion carried unanimously.
Item P. was considered.
Ordinance No. 2015 -387
P. ID 15 -1308 Consider adoption of an ordinance of the City of Denton, Texas which
would amend Code Section 2 -30 "Improper Disclosure of Confidential Information"
to redefine "confidential government information" and to remove all provisions
providing for and relating to a criminal penalty; providing for severability, repealer
and an effective date.
City Attorney Burgess stated that Council had a previous discussion on this ordinance which would
amend the 2006 ordinance by deleting criminal penalties and added language in regards to
confidential information. Following input from a citizen it was determined that the original
ordinance did not have a sharp enough edge on one of the provisions. She had provided a substitute
ordinance for Council consideration.
Willie Hudspeth, 623 Newton, Denton, spoke in opposition to the ordinance.
Council discussed the state statutes that would be in force should the current regulations be
repealed without another to take its place.
Council Member Wazny stated that as a revised ordinance was presented this afternoon, she
suggested postponing the item until January so citizens could have an opportunity to read the new
ordinance.
Mayor Watts stated that he had no problem repealing it as it was.
Mayor Pro Tem Gregory questioned what was relied on in the current regulations concerning
confidential information.
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December 15, 2015
Page 11
City Attorney Burgess stated that it would be the ethics resolution which was still on the books
and state law as applicable. Council discussed whether state law was applicable to the actions of
the Council.
Council Member Johnson stated that there were many avenues to submit a complaint regarding an
ethics violations. The issues rested with the individual person on whether or not to maintain
confidential information. He noted that there had never been an official complaint regarding
ethics.
Council Member Roden motioned, Council Member Johnson seconded to repeal the ordinance.
On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts
"aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory
"aye ", and Council Member Wazny "aye ". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 15 -985 Consider approval of a resolution by the City Council regarding three proposed
sites for construction, expansion, and use of an electric power transmission /distribution
substation located along both the east side of Bernard St. between Eagle Drive to the north
and Collins Street to the south, in the City of Denton, Texas, as part of Denton Municipal
Electric's service territory.
This item was not considered.
Ordinance No. 2015 -390
B. ID 15 -1284 Consider adoption of an ordinance revoking or modifying a Specific Use
Permit dated August 5, 2014, allowing a wrecker service and impound lot on property
located in an Employment Center Industrial (EC -I) zoning and land use district on
approximately 1.3 acres, generally located south of Smith Street, east of Dallas Drive,
and north of Teasley Lane; and providing an effective date.
Aimee Bissett, Director of Development Services, presented information concerning the specific
use permit. The ordinance for consideration would revoke or modify the permit allowing a wrecker
service and impound lot. On November 17th the Council had a public hearing to revoke the permit
but Council provided an additional 30 days to complete what the permit required. Ackers had met
the permit conditions and was in compliance. Staff was recommending approval of modifying the
specific use permit ordinance with new conditions relative to the actual layout of the site. She
presented information on the site conditions.
Council discussed that the specific use permit only went with the use and not with the land.
The following Speaker Cards were submitted by:
Willie Hudspeth, 623 Newton, Denton
Ida Martinez, 9830 Angel Bend, Denton — spoke in favor
Gloria Akers, 715 Dallas Drive, Denton, 76205 — spoke in favor
Greg Edwards - spoke in favor
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December 15, 2015
Page 12
Council Member Hawkins motioned, Council Member Briggs seconded to modify the specific use
permit with the conditions as presented. On roll call vote, Council Member Roden "aye ", Council
Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member
Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried
unanimously.
6. PUBLIC HEARINGS
A. DCA15 -0008a Hold a public hearing and consider adoption of an ordinance of the
City of Denton, Texas, to consider amending "Permitted Uses" in Subchapter 35.5 of
the Denton Development Code to replace "Semi -Public Halls, Clubs, and Lodges"
with "Assembly Halls, Clubs, and Lodges" in the list of zoning uses in Subchapter 5
and to revise definition for "Semi -Public Halls, Clubs, and Lodges" in Subchapter
23.2; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date.
The Mayor opened the public hearing.
Aimee Bissett, Director of Development Services, stated that the proposal was to amend the
current ordinance to include a use for semi- public halls, clubs and lodges. This was a staff initiated
zoning change as the Denton Development Code did not have a use to accurately describe the
activity to accommodate private functions in non - commercial areas. The new use would be
assembly hall which could include private events such as weddings, etc. She reviewed the
considerations for the change, information on the zoning districts where the use would be
permitted, conditions for approval and conditions that could be applied to the specific use permit.
The Planning and Zoning Commission and staff recommended approval.
Council discussed reasons for not allowing the use in RD -5; the type of development that would
be compatible for that type of zoning designation, questions on how it would fit into older
neighborhoods, whether a zoning change would be more appropriate rather than a specific use
permit and non - profit organizations versus profit organizations in residential areas
The following individuals submitted Speaker Cards:
Lucas Holl, 815 Crestoak, Denton, 76209 - spoke in opposition
Jodi Ismert, 819 Anna, Denton, 76201 — spoke in opposition
Meredith Buie, 809 Emery, Denton - spoke in opposition
Doctor Rhinecleff, 2500 Oak Street, Denton — spoke in opposition
The Mayor closed the public hearing.
Council discussion after the public hearing involved whether there was a current application in
process in an "R" district, whether the activity was the same in both definitions only the wording
from semi - public to assembly hall was changed, consider creating a new category of assembly
halls instead of changing the definition, and concerns regarding residential areas with for profit
organizations. Council discussed options on whether to postpone the item, remand it back to the
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December 15, 2015
Page 13
Planning and Zoning Commission to consider the zoning categories or continue discussion at this
meeting, looking for options to improve the proposal.
Council Member Johnson motioned to approve the ordinance, leaving the residential as it currently
was written and allow the new definition in RD -5 and RC. Leave as semipublic in residential but
for - profit in RD -5 and RC. In other words, change the definition everywhere except for the
residential categories.
Council discussed the motion and the various zoning categories it would be applied to. A concern
was expressed regarding trying to craft an ordinance during the meeting and if the definitions were
too closely tied to the old definition.
Council Member Roden motioned, Council Member Johnson seconded to postpone the item to the
next Council meeting. On roll call vote, Council Member Roden "aye ", Council Member Johnson
"aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Briggs it
Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously.
B. ID 15 -1260 Hold a public hearing and consider public input regarding the proposed
Renewable Denton Plan for future power supply as part of Denton Municipal
Electric's service territory; discuss, deliberate, provide staff with direction; and
consider approval of a resolution approving the Denton Municipal Electric
Renewable Denton Plan.
Council Member Johnson left the meeting.
Phil Williams, General Manager -DME, stated that the Renewable Plan was staff s response from
Council direction to increase renewables while maintaining competitive rates and reliability. He
presented the specifics on the Denton Renewable Plan including advantages of the proposed
facility and proposal considerations.
Council discussed ERCOT generation and reduction of gas emissions, requests from ERCOT for
city generation, the time when that would happen and the amount of coal investing in with this
plan.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Pamela Wat, 2118 Cherrywood, Denton, 76209
Mike Cheves, 900 Jeffery, Denton, 76209 — opposed and in support
Jodi Ismert, 819 Anna Street, Denton, 76201 - opposed
Katherine Forrest, 400 Jagoe, Denton, 76209 - opposed
Bob Moses, 1702 Pine Hills Lane, Corinth, 76210 - support
Phyllis Minton, 2005 Burning Tree Lane, Denton, 76209
Rita Beving, 13214 Glad Acres Dr., Dallas, 75234 - opposed
Larry Beck, 915 Sherman Drive, Denton 76209
Ken Gold, 2512 Natchez Trace, Denton, 76210 - opposed
City of Denton City Council Minutes
December 15, 2015
Page 14
Topher Jones, 419 Fulton St., Denton, 76201- opposed
Rhonda Love, 1921 HollyHill, Denton, 76205 - opposed
Ed Soph, 1920 Victoria Drive, Denton, 76209 - opposed
Carol Soph, 1920 Victoria Drive, Denton, 79209 - opposed
John Murphy, 1905 Whitefish Court, Denton, 79210 - opposed
Adam Cewarecvi , 2931 Lipizzan Court, Denton, 76210 - support
Zac Youngblood, 836 Hawse Drive, Copper Canyon, 75077 - opposed
Theron Palmer, 1700 Willowood St., Denton, - opposed
Elida Tamez, 1700 Willowood, Denton, 76205
Mandi Ahmadi, 1322 Normal Street, Denton, 76201- opposed
Daniel Minshaw, 1922 N. Locust St., Denton, 76209 - opposed
Sharon Spies, 7501 Stallion St., Denton, 76208 - opposed
Nick Ross, 1005 W. Hickory St., Apt. W -14, Denton, 76201 - opposed
Doctor Rhinecleff, 2500 W. Oak St., Denton, 76201 - opposed
Brandon Morton, 827 Teakwood Place, Richardson, 75080 - opposed
Ben Huttash, 925 Sierra Drive, Denton, 70201, opposed
Tyler Breckenridge, 516 Bolivar Street, Denton, 76201
Willie Hudspeth, 623 Newton, Denton
Adam Briggle, 1315 Dartmouth Place, Denton, 76201
Corey Troiani, 5516 Richard Ave., Dallas, 75206 - opposed
Debra Armintor, 2003 Mistywood Lane, Denton, 76209 - opposed
James Moffitt, 505 Oakbrook St., Lewisville, 75057 — opposed
Mayor Watts noted that the following Comment Cards were submitted.
Comments Cards in opposition:
Sam Alexander, 3219 McReynolds Rd., Sanger, 76266
Brandon Babbitt, 2500 W. Hickory, Apt 24, Denton, 76201
Sharon Barnhill, 3329 Hummingbird Ln., Denton, 76209
Agatha Beins, 1901 Panhandle St., Denton, 76201
Tobias Brandenburg, 132 Woodland St. -B, Denton, 76209
Michael Briggs, 2311 Houston Pl., Denton, 76201
Christopher Brown, 1922 N. Locust St., Denton, 76209
Maureen Callahan, 910 Alice St., Denton, 76201
Nicole Chochrek, 1223 Highland Park Rd., Denton, 76201
Susan Deborah Cosimo, 1107 Bolivar St., Denton, 76201
Ian Finseth, 2110 Emerson Circle, Denton, 76209
Katherine Forrest, 400 Jagoe, Denton, 76209
Suzanne Fritts, 410 Fritz Lane, Denton 76208
David Griggs, 13214 Glad Acres Dr., Dallas, 75234
Audra Hall, 905 Bolivar, Denton, 76201
Dan Hammond Jr., 2002 W. Hickory St., Denton, 76201
Stephanie Hawkins, 2110 Emerson Cir., Denton, 76209
Candice Heimdal, 132 Woodland St., Apt. B, Denton, 76209
Michael Hennen, 724 Thomas St., Denton, 76201
Jennifer Hensley, 517 Cardinal Dr., Denton, 76209
Alexander Hughes, 1008 Cordell St., Denton, 76201
Eric Hutmacher, 3616 Pheasant Hollow, Denton, 76207
City of Denton City Council Minutes
December 15, 2015
Page 15
Dana Isaac, 2216 Yorkshire St., Denton, 76209
Carl Jacob, 722 W. Hickory St., 4104, Denton, 76201
Sandra Kelly, 2002 W. Hickory St., Denton, 76201
Brett Kellestedt, 603 Eagle Dr., Apt #l, Denton, 76201
Tod M. King, 2222 Houston Pl., Denton, 76201
Donna Maxwell, 524 Mimosa Dr., Denton, 76201
Samuel Given McClure, 904 W. Hickory St., Denton, 76201
James Orenstein, 1802 Rocky Creek Dr., Duncanville, 75137
Terrance T. Porter, 419 Fulton, Denton, 76201
Dianna Robinson, 2508 Rockwood, Denton, 76209
Sarah Schulwitz, 1713 Carlton St., Denton, 76201
Charming Smith, 7200 Raintree Way, Denton, 76210
Megan Storie, 1008 Cordell, Denton, 76201
Sandy Swan, 1413 Cambridge, Denton, 76209
Jennifer Wallach, 1121 Egan St., Denton, 76201
Michael Wise, 1121 Egan St., Denton, 76201
Comment Cards in support:
Meredith Buie, 809 Emery St., Denton, 76201
Kim Phillips, 414 Parkway, Denton, 76201
Additional speakers included:
Eric Pruitt, 2111 Westwood, Denton
Sam Alexander, 3219 McReynolds Rd., Sanger, 76266
James Orenstein, 1802 Rocky Creek Dr., Duncanville, 75137 — opposed
Terrance T. Porter, 419 Fulton, Denton, 76201 — opposed
The Mayor closed the public hearing
Council discussion centered on considering an outside independent analysis on the plan before
voting on it, holding another work session to answer Council's questions before having an
independent analysis and providing information on gas electric plants in terms of safety.
Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to postpone action on the
resolution. On roll call vote, Council Member Roden "aye ", Mayor Watts "aye ", Council Member
Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council
Member Wazny "aye ". Motion carried unanimously.
7. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public.
1. ID 15 -1310 Willie Hudspeth regarding City Hall.
City of Denton City Council Minutes
December 15, 2015
Page 16
Mr. Hudspeth spoke regarding when citizens were allowed to speak to Council during their
meetings. He noted that Blacks could not be buried at IOOF cemetery and that was not correct. In
terms of ethics, he felt that no one should vote on something that profited him or her.
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of policy,
or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to
include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Briggs requested a staff report on the base rate charge when 911 was called with
an ambulance and what was included in that rate.
Council Member Hawkins requested an Informal Staff Report regarding the sidewalks along
McKinney.
Council Member Hawkins asked for an Informal Staff report regarding Community Improvement
Services notices about Best of Denton banner violations.
Council Member Roden requested a report on the Lake Lewisville dam.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned 12:58 a.m.
CHRIS ��' A���5 ------- _,___ -------
MAYOR
CITY OF DENTON, TEXAS