February 17, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES
February 17, 2015
After determining that a quorum was present, the City Council convened in a Wark Session on
Tuesday, February 17, 2015 at 1:00 p.m. in the Council Wark Session Room at City Hall.
PRESENT: Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins,
Council Member Johnson, Council Member Roden, Council Member Ryan, and
Mayor Watts.
ABSENT: None.
l. Citizen Comments on Consent Agenda Items
There were no citizen comments for Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for February 17, 2015.
Council Member Johnson asked about Consent Agenda Item N dealing with the rental of heavy
equipment and questioned if a cost benefit analysis had been done.
Chuck Springer, Director of Finance, stated that this was a purchase of large equipment for the
Street Department and that a cost analysis had been done. That evaluation had been done during
the budget discussions.
Council Member Ryan asked about the standard paragraph on the agenda dealing with the
Closed Session and the posting of items.
City Attorney Burgess stated that the Council could go into Closed Session for a legal briefing
on any item on agenda. Other items such as economic development or utility competitive items
had to be specif'ically posted.
Council Member Ryan asked about an item that might be posted in Closed Session that was not
proper to be in Closed Session and whether it could be discussed in the open session.
City Attorney Burgess stated that such an item could be discussed in open session if properly
posted. Items on the Closed Session were closely monitored to be sure they were proper for
closed session.
Mayor Watts asked about the posting for the convention center and why it could not be done in
open session.
City Attorney Burgess stated that this posting was for an economic development matter and
attorney briefing. Attorney briefings contained specific confidential information to present only
in closed session. Economic development could be done in open if desired.
3. Work Session Reports
A. ID 15-141 Receive a report, hold a discussion and give staff direction regarding Fire
and Emergency Medical Services for the Robson Ranch subdivision of Denton.
City of Denton City Council Minutes
February 17, 2015
Page 2
Robin Paulsgrove, Fire Chief, stated that the objective for the item was to develop a strategy that
addressed fire protection and the associated impact on insurance rates, along with EMS response
— a service of increasing concern to the Robson Ranch Community.
There had been a long standing dialog on how to provide adequate services to Robson Ranch.
The interest and issue was to make improvements to one area that were cost effective to satisfy
the response system as a whole. Since October staff had warked on interest based discussions
and creative ways to solve the problem with the Robson Ranch community. The Robson Ranch
community developed a group to help analyze the response data. Major concerns from the
community were response time for first fire unit, response time for a medic unit and insurance
rating. He reviewed the current service in terms of station locations and response time. Staff was
looking at alternatives and options to address the equity of response times in terms of insurance
ratings.
Denton had an Automatic Aid agreement with the Argyle Emergency Service District (ESD) and
shared an effective partnership in the southwestern region of Denton County. Argyle had a
projected fire station in the area but was not anticipated to be built at any time in the near future.
Staff held discussions with Argyle ESD concerning a financial participation from the City of
Denton that would permit an expedited construction date that could benefit both the ESD and the
City of Denton. The potential partnership with Argyle included (1) providing first response
through a contract for cost participation with the Argyle ESD, (2) creating a formula in which the
city's contribution diminished over time, (3) providing an exit clause to respond to changing
needs and opportunities and (4) utilizing the Argyle station location in a future petition for an
ISO rating revision.
A proposed service timeline which demonstrated the timeline that would be involved in the steps
from deed and title of the proposed station site conveyed to the opening and staffing of the
station was reviewed.
Staff's recommendation was to (1) enter into an agreement with the Argyle EDS in 2015, (2)
propose an additional city of Denton Medic Unit at Station 7 in the 2015-2016 budget, (3)
initiate a multi-year plan in the Denton Fire Department to prepare for an ISO petition of revision
in 2019, (4) reinvigorate strategic relationships with County mutual and automatic aid partners,
and (5) participate in the City's Cole Ranch and Hills of Denton development process.
Council Member Hawkins asked if the Robson Ranch residents paid higher insurance rates as
their rating was a 10.
Paulsgrove stated yes as the formula was based on the rating system for the insurance rates.
There was a 45% difference between a 3 and 10 rating. Not all insurance companies used the
ISO rating for rates.
Council Member Hawkins asked for data on what might happen in the additional response time
from the core city to Robson Ranch.
Council Member Gregory asked about how a response would wark with Argyle if someone at
Robson Ranch called 911 and if there would be a delay to get dispatched from Argyle.
City of Denton City Council Minutes
February 17, 2015
Page 3
Paulsgrove stated that Denton would make contact with Denton County and Denton County
would dispatch Argyle to Robson Ranch. This would be a long term goal to wark on in the
mutual aid agreements to meet future needs and solve those types of issues.
Council Member Gregory stated that he was in favor with moving forward and would like more
information concerning the cost, when the City would start paying with the Argyle station and
how that payment would be structured, and the cost impact for the additional medic unit at
Station 7.
Council Member Roden felt this was a creative approach and questioned if there was a spot
carved out by the development for a future station.
Mayor Watts stated that he had met with corporate officials 6-12 months ago and they offered a
residential lot for a medic unit off Robson Ranch Road.
Council Member Roden stated that he also had questions regarding the cost participation in terms
of the financial implications for a City site.
Paulsgrove stated that staff would be bringing back significant detail in the next meeting if
Council directed them to move forward. He felt this would be a good investment in the grid
system.
Mayor Pro Tem Engelbrecht felt that additional EMS units were important due to the number of
calls.
Council Member Ryan asked more details concerning the terms of the mutual aid agreement with
Argyle and the number of calls there and calls from them to Denton.
Consensus of the Council was to proceed with the proposal with a detailed cost analysis in terms
of both expenditures and revenues.
B. ID 15-155 Receive a report, hold a discussion and give staff direction regarding a
possible Tax Abatement Agreement with Peterbilt Motors Company.
Aimee Bissett, Director of Economic Development, stated that Council had previously been
updated on the proposal tax abatement agreement. The Economic Development Partnership
Board had made a recommendation for a 70% tax abatement for 8 years.
Jim Fykes, Peterbilt, reviewed the details of the tax abatement proposal. Peterbilt was currently
putting out 162 trucks per day. They were proposing a$23.1 million enhancement to the facility.
He reviewed the number of employees in the Peterbilt facilities and the accessory businesses
associated with Peterbilt. The plant expansion would involve three phases with the time line for
the expansion provided. The three phases included painted parts storage, east dock addition, and
west material expansion.
Council Member Roden asked if Fykes had suggestions for other areas for agreements such as
Airport Road improvements.
City of Denton City Council Minutes
February 17, 2015
Page 4
Fykes suggested infrastructure to widen the road, finish Western Blvd, and traffic lights at 380.
There was also a need for site ready parcels of land so developers were ready to go.
Council Member Johnson suggested Council think about a subcommittee to wark on site ready
locations for future developments and three Council Members who might like to serve on that
subcommittee. He indicated that he would be interested in serving maybe along with Aimee.
Consensus of the Council was to proceed with the staff recommendation for the tax abatement
agreement.
C. SI15-0006 Receive a report, hold a discussion and give staff direction on an
amendment to reorganize the Denton Development Code.
Bryan Lockley, Director of Planning and Development, stated that staff was proposing to
reorganize the Denton Development Code (DDC) to create a more user friendly code, streamline
development review procedures and establish tailored standards far Infill and Redevelopment
Projects. As such, common review criteria would be established and the code would be
reformatted to include more illustrations, summary tables and other graphics.
Feedback revisited — Feedback from interviewees concerning their frustrations with the DDC
were that (1) it was difficult to navigate for the development community and public, (2)
applicants had to refer to several different sections of the DDC to successfully determine what
information and what approvals were required, and (3) the referring to different sections led to
confusion for applicants to know if all application requirements were met.
Denton Development Code reorganization — suggested revisions would be to (1) begin each
subchapter with a well defined purpose and include a general description of the regulations, (2)
group related materials together in freestanding chapters for administration, districts, uses and
development standards, (3) move all definitions to a single subchapter at the end of the DDC and
review similar definitions to eliminate conflicts, and (4) create new definitions for terms that
were undefined.
Recommendations — recommended changes included (1) combining the review procedure in a
tabular format, define the review process and approval authority, (2) move approvals to earlier
chapters and combine them; (3) move zoning and more common land use items to the front of
the Code from Subchapter 5 to Subchapter 3; (4) combine and move more common site design
standards to earlier Subchapters 5, 6, 7 from the current locations in Subchapters 13, 14, and 21.
Approval Criteria - under the proposed revisions, the new organization provided tailored
approval criteria for each application type. The tailored requirements that might be included with
specific use permits were also reviewed.
Staff recommended having Clarion and Associates move forward with the recommendations to
reorganize the DDC as presented. The process would include proposed amendments and would
be presented to the development community and to the Planning and Zoning Commission for
consideration and to Council for adoption.
City of Denton City Council Minutes
February 17, 2015
Page 5
Council Member Gregory stated that he liked the idea of designing the Code for the first time
user. He asked if there would be special guidelines for developing in the ETJ to assist
developers through that process.
Lockley stated that only subdivision regulations for the platting of property dealt with the ETJ. A
handbook would be created to deal with just the ETJ situations.
Council Member Johnson felt that the parking variances should be looked at in terms of staff
approving that item instead of it coming to Council.
Mayor Watts stated that with ProjectDox and Trakit all correspondence with a developer would
be in one location.
Council Member Hawkins requested a presentation on how to use ProjectDox.
D. ID 15-138 Receive a report, hold a discussion, and give staff direction regarding
Smoking Ordinance No. 2012-367.
Lindsay Baker, IGR/PIO stated that her presentation would include an overview on possible
amendments on where smoking would be prohibited, where smoking would be permitted,
amendments, public feedback and Council direction.
Where smoking would be prohibited- all bars, bingo parlors, e-cigs would be prohibited in all
non-smoking locations, within 30 feet of parks and recreation facilities, within 30 feet of public
entrances (except in the Downtown area).
Where smoking would be permitted - no additional locations were proposed. Smoking would
still be allowed in private residences, personal vehicles, private clubs and fraternal organizations,
open-aired outdoor patio of a restaurant or bar, and tobacco shops, tobacco bars and cigar bars.
Other amendments and discussion — a question to consider was to update the definition of cigar
bars, per the American Heart Association guidelines which would be based on percentage of
sales for on-site consumption which had 60% alcohol and 30% cigars. There were also scientif'ic
studies on patio smoking impacts to consider.
Public Feedback — A survey on Engage Denton posed the following questions: (1) ban smoking
within a designated distance — feedback was yes, (2) ban e-cigs — feedback was no, (3) ban
smoking in all bars — feedback was no. There was also a town hall meeting on February 16th for a
public forum. Comments were received from various owners of establishments in the city which
included (1) consider revising the open-aired patio definition, (2) concern related to banning
smoking in bars, (3) concern regarding the inclusion of e-cigs, (4) extend the ban to Uber or
other transportation services, (5) concern about bingo facilities already in the process of
complying with current regulations, and (6) if Downtown was exempt, include Fry Street.
Council Direction — the proposed ordinance could be scheduled for consideration on the March
3rd agenda either as an individual item or on the Consent Agenda or take no action.
City of Denton City Council Minutes
February 17, 2015
Page 6
Council Member Hawkins asked why this was coming back to Council to consider again.
Baker stated that Council suggested in 2012 to review the ordinance in the future to make sure
that it was meeting the needs of the community
Council Member Hawkins felt that the proposed ordinance was very close to overregulation. In a
free market system, a business owner should be able to allow smoking and a consumer should be
able to go there to smoke. Minors should not be able to buy e-cigs but he did not want any
changes in the current ordinance. He did not want to take a right away from people to go where
they would like to go
Council Member Roden stated that more indoor wark environments did not allow smoking in
businesses. He had some questions regarding definitions. A tobacco bar had two criteria; one
was to have an alcohol license and one was a tax registration. A hooka bar did not necessarily
need an alcohol license. He asked about percentages for bars, tobacco bar, etc.
Baker stated that the difficulty was the auditing of those percentages and how to monitor those
figures. She felt a broader definition was needed rather than percentages.
Council Member Roden suggested developing a type of permit to meet the definition of a
tobacco bar, etc. He was concerned about setting a percentage that might drive cigar bars, etc. to
market their smoking materials more.
Council Member Johnson felt that it was not right to change the regulations if a bingo location
was spending money to renovate their facility for smoking/non-smoking and that the regulations
should not apply to bingo locations. He suggested a hybrid model and understood both sides. If
a bar had to declare smoking or non- smoking, it would be the same all the time and if the
facility was smoking, no one under 21 would be allowed.
Mayor Watts stated that he did not have an issue with a bingo location exception as it was
separating the space between smoking and non-smoking. He understood about choice and
markets but it was the policy interest he was trying to protect in this case. He was ok with the
proposed ordinance but not exceptions for patio areas.
Council Member Roden stated that in terms of a patio area, if the concept was the health impact
with enclosed areas and if the area was outside, he questioned what was mitigated. He felt that
banning smoking from patios just to solve a few locations was very broad. He was not in favor
of eliminating smoking from patios.
Mayor Watts asked about sidewalks along patio areas.
Council Member Gregory stated that these revisions were being considered because of safety for
warkers to wark in a safe environment. He was not opposed to smoking on patios and cautioned
to not go too far just to eliminate a personal annoyance. He questioned if park facilities were
totally non-smoking.
Baker stated that there were separate provisions prohibiting smoking x number of feet from a
playground area and active league activities.
City of Denton City Council Minutes
February 17, 2015
Page 7
Council Member Gregory stated that he was not opposed to the bingo exception but would be in
favor to craft the ordinance to not allow future bingo locations to have smoking.
Council Member Ryan stated that he was in favor of no one under 18 purchasing Ecigs.
Currently most bars were non-smoking but there was a need to have a location for smokers to go
to. There was a natural attrition to eliminate smoking bars. He would agree to set whether an
establishment was smoking or non-smoking. The only changes he would favor in the ordinance
would be to the provision for Ecigs and set a location as smoking or not smoking.
Council Member Johnson stated that he too was in favor of not allowing anyone under 18 to
purchase Ecigs. He saw converging issues and unintended consequences in protecting the
warkers as many of them already smoked and now would go outside to smoke. However, the
unintended consequence would be worse than having smoking in bars. He was in favor of no
smoking on patios and no smoking within 30 feet of a non-smoking establishment. If someone
wanted to smoke and drink they could go to one of those establishments that allowed it.
Mayor Watts felt this was a broader approach. He felt that people chose where they wanted to
go and did not base it on work place safety. It would be difficult for him to reverse the ordinance
to allow smoking in bars but not on patios and public entrances.
Council Member Hawkins felt that if a restaurant wanted to allow smoking, it should have that
right. He felt that was taking away rights of people.
Council Member Ryan stated that this was about freedom of choice both for employees of those
establishments and people going to those establishments.
Council continued their discussion of the proposed provisions to the ordinance and their
preferences in terms of bingo establishments, the protection of warkers, an establishment being
able to switch between a smoking/non-smoking establishment, and consideration of musicians
and people coming in for events at smoking locations. They also discussed the distance
requirements from certain locations such as the libraries, Senior Center and the Downtown area.
Consensus of the Council was to post this item as a public hearing. Staff would draft the
proposed revisions based on Council discussion for Ecigs not being sold to minors, distance
requirements in parks and other buildings, and to ban Ecigs similar to cigarettes.
E. SI15-0004 Receive a report, hold a discussion and give staff direction regarding an
ordinance to adopt the 2012 International Building Code (IBC), the 2012
International Residential Code (IRC), the 2012 International Plumbing Code (IPC),
the 2012 International Mechanical Code (IMC), and the 2012 International Fuel Gas
Code (IFGC) as amended by the City.
Rodney Patterson, Interim Building Official, stated that the International Codes were published
every three years. The current 2009 building codes, as amended, were adopted on September 1 l,
2012. The City was behind in approving the updated codes due to the Council of Government's
review which was a 12-15 month process for them to recommend amendments. He reviewed the
Code adoption time line.
City of Denton City Council Minutes
February 17, 2015
Page 8
The proposed amendments had been posted on website. COG amendments to the International
Building Code included provisions far (1) assisted living facilities, (2) children's play structures,
(3) incidental uses, (4) multiple use fire assemblies, and (5) automatic sprinklers. Fire Protection
Systems refer to the 2012 International Fire Code as amended by the City of Denton, Chapter 9
and was taken out of the Building Code and put in the Fire Code except for Section 909 and 910.
He noted that the Building Code would include requirements far floor exits and window sills.
Mayor Watts stated that he would like to know the cost of the window amendments. He was not
in favor of the amendment if the frame was not changing. If the same size window was being
replaced, he questioned why there needed to be new regulations. People would not change out
their windows in that case.
Patterson stated staff would research those costs. He stated that another amendment would
require all dwelling units provide mechanical ventilation due to the required air tightness in the
International Energy Code and Residential Code.
Mayor Watts stated that did not make sense. The regulation was to have tight homes and now
homeowner's would have to incur additional costs to ventilate the air they were trying to keep
out.
Council Member Johnson stated that everything done to a house to meet these requirements had
an impact on the price of the house. He felt if it was a health and safety issue, then proceed. He
suggested getting feedback from builders on the impact to their business.
Mayor Watts felt that as more requirements were added there was no mitigating on the other end.
Following the completion of the Wark Session, the City Council convened in a Closed Meeting
at 4:02 p.m. to consider specific items listed below under the Closed Meeting section of this
agenda.
l. Closed Meeting:
A. ID 15-093 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071 Discuss, deliberate, and receive further information regarding the
purchase of certain real property interest located in the R. H. Hopkins Survey,
Abstract No. 1694, City of Denton, Denton County, Texas, and generally located
along the 1800 block of Colorado Boulevard and the 1500 block of Angelina Bend
Drive. Consultation with the City's attorneys regarding legal issues associated with
the potential acquisition and condemnation of the real property described above
where a public discussion of these legal matters would conflict with the duty of the
City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or potential
litigation. (Township II Park Property Acquisition Project [Greenbelt Tracts] &[File
ID 15-094 Richland Plantation Partners Inc.])
City of Denton City Council Minutes
February 17, 2015
Page 9
B. ID 15-154 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 issues on matters in which 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. Also hold a
discussion regarding granting economic development incentives to Peterbilt Motors
Company with respect to expansion of a manufacturing facility. This discussion shall
include commercial and financial information the City Council has received from
Peterbilt Motors Company 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 incentives. [File ID 15-115]
C. ID 15-010 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 Consult with and
provide direction to City's attorneys regarding legal issues associated with the use of
hoteUmotel occupancy tax funds for Convention Center projects, 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. Also hold a discussion regarding granting economic development incentives
for Convention Center projects 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 incentives.
D. ID 15-068 Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code, Section 551.086; and Consultation with Attorneys - Under Texas
Government Code, Section 551.071. Receive a presentation from Denton Municipal
Electric ("DME") staff regarding certain public power competitive, financial and
commercial information relating to issues regarding support, implementation and
operation of its Energy Risk Management Policy that deals with bidding and pricing
information for purchased power, generation and fuel, and Electric Reliability
Council of Texas (ERCOT) bids, prices, offers and related services and strategies.
Consultation with the City's attorneys regarding legal issues associated with the
Energy Risk Management Policy 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 potential
litigation. Discuss, deliberate, and provide staff with direction.
E. ID 15-143 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 of Denton City Council Minutes
February 17, 2015
Page 10
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 ar 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.
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
A. ID 15-111 World Rotary Day
Mayor Watts presented the proclamation for World Rotary Day.
B. ID 15-118 Beulah Harriss Day
Mayor Watts presented the proclamation for Beulah Harriss Day.
3. CITIZEN REPORTS
A. ID 15-127 Gerald DeMarsh regarding no trespassing at the Senior Center.
Mr. DeMarsh stated that he hit an individual at the Senior Center because the individual was
agitating a war veteran at the Center. He asked Council to lift the no trespassing ban against him
at the Center.
City of Denton City Council Minutes
February 17, 2015
Page 11
4. CONSENT AGENDA
Council Member Ryan motioned, Council Member Hawkins seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Pro Tem
Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council
Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor
Watts "aye". Motion carried unanimously.
Ordinance No. 2015-031
A. ID 15-083 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $142,000 of in-kind services and resources for the Denton
Arts and Jazz Festival to be held in Quakertown Park on April 24 - 26, 2015; and
providing an effective date.
Ordinance No. 2015-032
B. ID 15-094 Consider adoption of an ordinance authorizing the City Manager, or his
designee, to execute a Contract of Sale (herein so called), as attached thereto and
made a part thereof as Exhibit "A", by and between Richland Plantation Partners,
Inc., a Delaware corporation as Owner (herein so called), and the City of Denton,
Texas, a Home Ruled Municipal Corporation, as Buyer, regarding the sale and
purchase of fee simple to two tracts identified as a l.l acre tract, more or less,
known as "Greenbelt" in Block B, subdivision plat of Township II, Phase 2,
recorded in Volume 11, Page 14, Plat Records Denton County, Texas, located
generally along the south side of the formerly contemplated extension of San
Gabriel Drive, in the City of Denton, Denton County, Texas and a.17 acre tract,
more or less, situated in the R. H. Hopkins Survey, Abstract No. 1694, located in the
City of Denton, Denton County, Texas, generally located adjacent to 1900 Spencer
Rd., City of Denton, Denton County, Texas as more particularly described in the
Contract of Sale, (the "Property Interests"), for the purchase price of Twenty One
Thousand Eight Hundred Fifty One Dollars and No Cents ($21,851.00), and other
consideration, as prescribed in the Contract of Sale; authorizing the expenditure of
funds therefor; and providing an effective date. (Township II Park Property
Acquisition project: Greenbelt South- Tract 3[Richland Plantation Partners, Inc.])
Ordinance No. 2015-033
C. ID 15-100 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $11,500 of in-kind services and resources for the Denton
Cinco de Mayo Festival to be held in Quakertown Park on May 2, 2015; and
providing an effective date.
Ordinance No. 2015-034
D. ID 15-101 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $18,000 of in-kind services and resources for the Denton
Juneteenth Celebration to be held in Fred Moore Park on June 19-20, 2015; and
providing an effective date.
City of Denton City Council Minutes
February 17, 2015
Page 12
Ordinance No. 2015-035
E. ID 15-102 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $15,500 of in-kind services and resources for the Denton Air
Show to be held at the Denton Enterprise Airport on June 20, 2015; and providing
an effective date.
Approved the noise exception request below.
F. ID 15-117 Consider a request for an exception to the Noise Ordinance for the
purpose of the 35 Denton Music FestivaL Live music will be played in the Williams
Trade Square, located on the 200 block of E. Hickory St., Dan's Silverleaf patio,
located at 103 Industrial St., and Harvest House patio, located at 331 E. Hickory St.,
on Saturday, March 14, and Sunday, March 15, from 12:00 noon to 12:00 midnight.
An exception is specifically requested to increase sound levels from 70 to 75
decibels and for an extension for hours from 10 p.m. to midnight. Staff recommends
approval.
Ordinance No. 2015-036
G. ID 15-119 Consider adoption of an ordinance of the City of Denton, Texas
approving and authorizing the City Manager to execute an Interlocal Cooperation
Agreement between the City of Denton and Denton County for Ambulance Services
and declaring an effective date.
Ordinance No. 2015-037
H. ID 15-121 Consider adoption of an ordinance of the City of Denton, Texas
approving and authorizing the City Manager to execute an Interlocal Cooperation
Agreement between the City of Denton and Denton County for Fire Protection
Services; and declaring an effective date.
Ordinance No. 2015-038
L ID 15-125 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $17,500 of in-kind services for the Denton Blues Festival to
be held at the Quakertown Park on September 19-20, 2015; and providing an
effective date.
Ordinance No. 2015-039
J. ID 15-126 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $4,900 of in-kind services and resources far Komen North
Texas Denton Race for the Cure to be held at C.H. Collins Athletic Complex on
Long Road on Saturday, September 26, 2015; and providing an effective date.
Ordinance No. 2015-040
K. ID 15-130 Consider adoption of an ordinance authorizing the City Manager to
execute a professional services agreement for engineering services associated with
the City of Denton 2015 and 2016 Fiscal Year Wastewater Collection System
Rehabilitation projects; providing for the expenditure of funds therefor; and
providing an effective date (File 5756-awarded to Teague Nall and Perkins, Inc. in
City of Denton City Council Minutes
February 17, 2015
Page 13
an amount not-to-exceed $286,730). The Public Utilities Board recommends
approval (5-0).
Ordinance No. 2015-041
L. ID 15-131 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 Design and Engineering Services relating to the Mingo Road
Widening and Improvements at Cooper Creek project; providing for the expenditure
of funds therefor; and providing an effective date (File 5758-awarded to Graham
Associates, Inc. in an amount not-to-exceed $315,386.00).
Ordinance No. 2015-042
M. ID 15-132 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for landscape maintenance for select City of Denton roadway
rights-of-way; and providing an effective date (RFP 5713-awarded to VMC
Landscape Services in the three (3) year not-to-exceed amount of $375,000).
Ordinance No. 2015-043
N. ID 15-133 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the Rental of Heavy Equipment for various City of Denton
departments; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5639-Rental of Heavy Equipment awarded to the lowest
responsible bidder meeting specification for each item, in the annual estimated
amount of $1,250,000 for a three (3) year not-to-exceed amount of $3,750,000).
Ordinance No. 2015-044
O. ID 15-137 Consider adoption of an ordinance ordering an election to be held in the
City of Denton, Texas, on May 9, 2015, and if a runoff election is required, on June
13, 2015, for the purpose of electing Council Members to Districts l, 2, 3, and 4 of
the City Council of the City of Denton, Texas; prescribing the time and manner of
the conduct of the election to be in accordance with an agreement with the Election
Administrator of Denton County; providing a severability clause; providing an open
meetings clause; and providing an effective date.
Approved the minutes listed below.
P. ID 15-150 Consider approval of the minutes of January 5, 2015, January 6, 2015,
and January 13, 2015.
Ordinance No. 2015-045
Q. ID 15-157 Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute "Project Utility Adjustment Agreements
(Owner Managed)" far TXDOT-CDA-U-35-OM-IH 35E; and "Utility Adjustment
Agreement Amendments (Owner Managed)" form TXDOT CDA-U-35A-OM-IH
35E; facilitating and authorizing electric utility relocations for the Interstate
Highway 35 project, in substantial conformity with the attached two numbered
Texas Department of Transportation agreements; with the developer, AGL
City of Denton City Council Minutes
February 17, 2015
Page 14
Constructors, which is a consortium composed of Archer Western Contractors,
LLC, Granite Construction Co. and The Lane Construction Company; and The
Texas Department of Transportation; authorizing the expenditure of funds therefor;
and providing an effective date.
5. PUBLIC HEARINGS
Ordinance No. 2015-046
A. ADP 14-0009 Hold a public hearing and consider adoption of an ordinance of the
City of Denton, Texas, regarding an Alternative Environmentally Sensitive Area
Plan to allow for residential development within an existing Environmentally
Sensitive Area (ESA). The appro�mately 12.68-acre ESA is located within a
proposed 98-acre single-family residential development (Beaver Creek), on the
northwest corner of North Loop 288 and Stuart Road within a Neighborhood
Residential 4(NR-4) zoning district; and providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, a severability clause, and an effective
date. (ADP 14-0009). The Planning and Zoning Commission recommends approval
(7-0).
Bryan Lockley, Director of Planning and Development, stated that this ordinance would approve
an alternative Environmentally Sensitive Area (ESA) to allow for residential development within
an existing (ESA). He presented information on the location map, zoning map, future land use
map, and notif'ication map.
Debra Viera, Environmental Compliance Officer, stated that the undeveloped property contained
riparian buffers and water-related habitats throughout the area. In order to achieve the high
quality development required by the Denton Development Code, the applicant proposed
mitigation measures to incorporate the existing water habitat features into the design of the
residential development. These included expanding protected ESA along the stream bank,
cleaning up trash and debris accumulated in low lying areas, re-vegetating ESA and adjacent
areas with native plants, providing an earthen nature walking trail with interpretative signage
along the stream channel, and utilizing bio-engineering controls for channel stabilization. The
preserved ESA and associated amenities would be maintained by the homeowner's association.
Lockley stated that the Planning and Zoning Commission as well as staff recommended approval
subject to conditions. Those conditions included (1) prior to platting approval, deed restrict the
expanded ESA (approximately 4.99 acres) along the stream bank with the deed restrictions
including a perpetual maintenance provision for any open space by the homeowner's association,
(2) remove all trash and debris accumulated in low lying areas of the site as needed, (3) prior to
the issuance of building permits for any structure, re-vegetate the ESA and adjacent areas with
native plants, (4) prior to the issuance of building permits for any structure, provide an earthen
nature walking trail with interpretative signage along the stream channel, and (5) prior to the
issuance of building permits for any structure, utilize bio-engineering controls for channel
stabilization, which could include live stakings/plantings, coir logs and fiber rolls, revetments,
fascines, riprap with vegetation, or gabions with vegetation
City of Denton City Council Minutes
February 17, 2015
Page 15
Council Member Roden stated that there were other scenarios whereby a Homeowner's
Association (HOA) was required to maintain something and then the HOA went defunct and did
not maintain the area. He questioned if there was a way to fix that situation if it happened in this
case.
City Attorney Burgess stated that conditions could be attached to the zoning of the property so
that violations would be of the zoning ordinance and could be cited for health and safety
provisions.
Council Member Roden questioned if the HOA ceased to exist, who would maintain the property
and if there was a way to fix that to tie it to a collection of homeowner's even if HOA went
away.
City Attorney Burgess stated that the zoning ordinance attached to the use of the land so
conditions were attached to the use of the land and not necessarily attached to the HOA.
Mayor Watts restated that Council Member Roden's concern was that if the HOA, for some
reason, went away, who would be accountable and apply the conditions of the ordinance. He
questioned if those provisions could be built in the front end to be responsible if the HOA went
away.
City Attorney Burgess stated that staff had not considered that when crafting the ordinance.
Lockley stated that one of the provisions included that the deed restrictions would tie to the lots
directly affected by the ESA in the event the HOA was disbanded. The provisions would then
belong to those properties that abutted the ESA itself.
Council Member Hawkins asked about Condition #5.
Viera stated that condition was trying to add engineering controls to slow down the velocity of
the channel and avoid erosion. A more in-depth drainage analysis would be done at the platting
stage and the engineers would provide the bioengineering controls.
The Mayor opened the public hearing.
Chris Belvins, representing the applicant, spoke in favor.
Mayor Pro Tem Engelbrecht stated that this would be an amenity for entire subdivision and
questioned whose idea it was to tie the deed restriction to the properties backing into the buffer.
Belvins stated it was a discussion with the Development Review Committee staff.
Mayor Pro Tem Engelbrecht questioned if it would be better to deed restrict the entire
subdivision rather than just a few lots.
Belvins stated that it was his understanding that the area would be owned at some point by the
HOA and should the HOA cease to exist, the property would have to go to someone but he did
not know who.
City of Denton City Council Minutes
February 17, 2015
Page 16
Mayor Pro Tem Engelbrecht questioned if the plan was to transfer the deed to the HOA.
Belvins stated that would be done during platting.
Council Member Gregory questioned who would own the property when platting was first
started.
Belvins stated that the developer would own the property when it was first platted.
Council Member Gregory stated that he was concerned about the ownership of the property as he
did not want the City in the future to have to buy the property in order to take care of it.
Ken Davis, project engineer, stated that if the HOA ceased to exist, the owner would be
agreeable for a safety net if that happened. They wanted to keep that property maintained so
they would be open to ideas to such as deed restrictions to the entire development, etc.
The Mayor closed the public hearing.
Council Member Johnson stated that this development was warking on making this a quality
development with walking trails.
Council Member Johnson motioned, Council Member Hawkins seconded to approve with the
conditions as noted.
Council Member Gregory stated that he had been going to motion to postpone the item in order
to get answers for what to do with property if the HOA went away.
City Attorney Burgess stated that depending on what was in the deed, there might be an
opportunity if the HOA went away to pursue individual homeowner's and have them comply
with the provisions of the ordinance.
Council Member Gregory asked about getting an answer to the situation so that Council could
vote on the proposal.
Mayor Pro Tem Engelbrecht stated that he needed more information before he could vote on the
proposal.
Council Member Johnson suggested adding wording that questions related to ESA must be
satisfied as part of the final plat.
Council discussed wording for an amendment in the event that the HOA would cease to exist and
how the area would be maintained in that situation.
Council Member Gregory suggested a friendly amendment that a note be added to the plats for
the property indicating ownership and maintenance of the ESA in the event that the
homeowner's association was dissolved or otherwise unable to maintain it.
Council Members Johnson and Hawkins did not object to that friendly amendment.
City of Denton City Council Minutes
February 17, 2015
Page 17
Council Member Roden suggested a friendly amendment that the earthen path be designed as a
pervious surface, not simply earth and not concrete.
Council Members Johnson and Hawkins did not object to that friendly amendment.
On roll call vote to adopt the ordinance with the noted conditions, Council Member Gregory
"aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member
Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye" and Mayor Pro Tem
Engelbrecht "nay". Motion carried with a 6-1 vote.
Ordinance No. 2015-047
B. ID 15-135 Hold a public hearing and consider adoption of an ordinance granting
approval of the abandonment for park purposes of a 1.6598 acre portion of North
Lakes Park in accordance with Chapter 26 of the Texas Parks and Wildlife Code;
and providing an effective date. (Exhibit 1) (Parks, Recreation and Beautification
Board recommend approval with a vote of 5-0)
Jim Mays, Parks Superintendent, stated that approval of the ordinance would allow for the
abandonment of 1.65 acre of North Lakes Park The State required a public hearing if park
property was used for non-park purposes. The tract had no functionality for programming for
active or passive recreation. The potential sale of this property was included in November 2014
special election and was approved by the voters. The Parks staff and Parks, Recreation and
Beautification Board recommended soliciting bids for the sale of this portion of the park.
Council Member Hawkins requested an overview of why this was being done.
Mays stated that staff had received a request far marketability of that portion of the property. In
order to have the property sold, the City had to take bids from everyone interested in the
property.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing
Council Member Gregory motioned, Mayor Pro Tem Engelbrecht 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.
C. DCA14-0009c 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
City of Denton City Council Minutes
February 17, 2015
Page 18
Subchapter 22A to the Denton Development Code, relating to Oil and Gas
Pipelines, Definitions, Procedures; providing a cumulative clause; providing a
severability clause; providing for a penalty; and providing for an effective date
(DCA14-0009c). 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 that this item was a continuation of the public hearing. The Council would
like to have a discussion before hearing comments from the public.
Council Member Roden stated that the proposed ordinance was now at Council as the Planning
and Zoning Commission had voted on it. He questioned the ramification of that vote.
City Attorney Burgess stated that the Planning and Zoning Commission had recommended
denial of the ordinance to the Council and could now move forward for Council consideration.
At previous meetings, the Council had not closed the public hearing but left it open to allow the
Commission to make their recommendation. Council could choose to continue to leave the
public hearing open or could close the public hearing at this meeting. As a result of the
Commission action in recommending denial, the amendment to the ordinance required a
supermajority vote by Council of six of seven members.
Council Member Roden asked if there were any other recommendations coming to consider.
City Attorney Burgess stated that the Commission took a vote and recommended deniaL In so
doing so, any ideas that some of the members might have had did not carry forward.
Council Member Johnson stated that this was a complicated issue; much of which would be
settled in court. The amendment focused on what the City could control, assuming drilling could
occur and how co-exist with it. He heard the citizen's concerns about the nuisance issues such as
no bright lights, no compressors, and no big trucks in the neighborhood. In his perspective, he
wanted to make sure the ordinance accomplished the protection of citizens from nuisance issues
while not punishing the people who owned the surface rights. He was not comfortable with the
reverse setbacks as shown today and felt the damage to surface owner's property was too great.
The measurements should be from well head and if there were multiple well heads, from the
nearest well head on the property.
Mayor Watts stated that he would like any measurement to be from the well head and if it was a
multiple well head measure from the closest protected use. He was not in favor of a 300 foot
reverse setback or 500 foot reverse setback if a co-location.
Council Member Johnson questioned if that was from the pad site and not from the well head.
Council Member Hawkins stated that he had a problem with the gas well notification disclosure.
He did not think what had been proposed was strong enough. He wanted to make sure they were
moving forward and to go overboard notifying people who were close to a gas welL The next
homeowner would be clear about that.
City of Denton City Council Minutes
February 17, 2015
Page 19
Council Member Roden questioned the procedure an operator would go through whether a co-
located or regular site and if part of it determined the perimeter of the pad site.
Terry Morgan, Special Counsel for the City, stated that the process for consolidating the sites did
require a definition of the site plan and measured distance. The outer boundaries would be fixed
with the site plan process. Existing sites in the consolidation were not new wells on the sites.
Council Member Gregory asked about the sign on a gas well pad site. He felt some verbiage was
missing as there was no requirement for the sign to say there was gas well drilling on the site. In
terms of the setback issue he was in favor of the wording for sound walls as the setbacks served
as a buffer if ineasured from the well head.
Council Member Ryan felt that the use of generators was a nuisance issue and electric motors
should be used if possible on the pad sites. He was in favor of the distance recommendation for
existing pad sites from the well head where more wells could not be located at the co-location
distance from the pad site. He felt in the future more commercial/business should be allowed
closer to the well heads in order to develop property that could not be done in a residential area.
Mayor Pro Tem Engelbrecht felt that the zoning issue dealt with activity and that for him was the
standard. Consolidated well sites came with truck traffic problems. There would be a need to
measure to make sure the noise and movement of the trucks did not spill over into the
neighborhoods. Perhaps limit truck traffic to time of day and days of the week.
Council Member Roden stated that the question of surface rights was important. In the long term
consideration of development, it should be encouraged to get gas wells done and then leave thus
having no problem with the rigs. There seemed to be a sense of urgency with surface versus
mineral rights which might not be urgent. He did not want to get stuck in an urgency to have all
of the property developed.
Mayor Watts stated that it was his understanding that the current ordinance had setbacks at 1200
feet if the well came to a protected use and if reversed was a 250 foot setback with a regular site
or co-located site. The proposal was a reverse setback to a regular site to increase the setback by
50 feet measured from the pad site. The current measurement was from the pad site. He
struggled with finding the best way to balance competing interests but sometimes the mineral
state was also held by the surface owner on larger tracts.
Mayor Watts reviewed the questions and answers which were provided to Council in January
2015. Council discussed those responses as they related to the Council's concerns with the
proposed ordinance some of which included the prohibition of all pits, compressor stations, the
difference between lift compressors and compressor stations, and vapor recovery systems.
Council Member Gregory asked if the current ordinance provided staff with authority to deny a
new drilling permit to an operator if that operator was delinquent on fees due the city.
Morgan stated that was not spelled out in the ordinance.
Council Member Gregory stated that he would like to see draft language to that effect and where
to locate it in the ordinance.
City of Denton City Council Minutes
February 17, 2015
Page 20
Council Member Roden stated that the agenda backup referenced certain amounts of aesthetics
and other land use issues concerning compressor stations and questioned if they were addressed
in proposed ordinance.
Aaron Leal, Deputy City Attorney, stated that certain zoning issues could continue to enforce
issues concerning compressor stations. Some of the zoning issues such as aesthetics and safety
issues could be enforced on a case by case basis. They could not be prohibited outright.
Council Member Roden asked if they could be allowed only in certain land use categories such
as industrial categories.
Leal stated it might be possible in certain circumstances.
Council Member Roden requested something be put in place regarding compressor stations for
Council to discuss and asked staff to explore zoning those in industrial areas. He asked about
vapor recovery units and whether they were primarily used for emissions for the tanks and the
energy source to capture them.
Darren Groth, Gas Well Administrator, stated that there needed to be a mechanical force to move
the vapors. A compressar moved the vapors along the system.
Council Member Roden asked if the EPA rules and Texas rules were same on when to trigger a
vapor recovery unit.
Groth stated that they varied. The EPA rules were looking to reduce emission completion. The
EPA was looking at the activity; the Texas rules were looking at quantity.
Brad Shelton, 3000 Carmel, Denton, 76205, spoke in opposition.
Council Member Roden questioned Mr. Shelton regarding surface owner who also had mineral
rights.
Shelton stated that he had one vertical well that at some point would go away.
Council discussed with Shelton the effect of setbacks on a particular site based on the varying
setbacks, not limiting individual's right to make money off the property they owned
Mayor Watts state that Jim McClurg, 2018 Longmeadow, Denton, 76209 had submitted a
Comment Card in support of a stronger ordinance.
Ed Soph, 1620 Victoria Drive, Denton, 76209 spoke in support of a stronger ordinance. He
presented comments on future vapor releases and emissions discharged in terms of vapor
emission units, hydrators for gases, the Zoning Board of Adjustment granting variances without
going through the Council.
Carol Soph, 1620 Victoria Drive, Denton, 76209 submitted a comment card in support for
ordinance.
City of Denton City Council Minutes
February 17, 2015
Page 21
Linda Cole, 6376 Jim Christal, Denton, spoke against the ordinance at this time.
Council Member Ryan motioned, Council Member Hawkins seconded to continue the public
hearing to the March 3, 2015 Council 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.
Ordinance No. 2015-048
D. ID 15-115 Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas designating a certain area within the city limits of Denton as
Peterbilt Motors Company Reinvestment Zone No. XII for commerciaUindustrial
tax abatement; establishing the boundaries of such zone; making findings required
in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other
matters relating thereto; providing a severability clause; providing for repeal; and
providing an effective date.
Aimee Bissett, Director of Economic Development, stated that this item and the next were for
the consideration of a property tax abatement with Peterbilt. The reinvestment zone needed to be
established for a commerciaUindustrial tax abatement. The next item on the agenda was the
actual tax abatement agreement. She reviewed the background information on Peterbilt and its
commitment to Denton. The proposed expansion was a$23 million project and would be done in
three phases. The first would be a painted parts storage expansion; the second was an east dock
addition and the third for vertical parts storage. The elements of the City's incentive policy were
reviewed. The Economic Development Partnership Board recommended a 70% abatement for 8
years for property tax abatement. The estimated abatement over 8 years was approximately
$820,000.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Hawkins motioned, Mayor Pro Tem Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory
"aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member
Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried
unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2015-049
A. ID 15-116 Consider adoption of an ordinance authorizing the Mayor to execute a
Tax Abatement Agreement with Peterbilt Motors Company setting forth all the
required terms of the Tax Abatement Agreement in accordance with the terms of
Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent
City of Denton City Council Minutes
February 17, 2015
Page 22
to Peterbilt Motors Company, receiving the Tax Abatement; providing for a
severability clause; and providing an effective date.
This item was discussed along with Item S.D.
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.
B. ID 15-153 Consider nominations/appointments to the City's Boards and
Commissions: Health & Building Standards Commission; Human Services
Advisory Committee; Parks, Recreation & Beautification Board; and Traffic Safety
Commission.
Council Member Ryan nominated Tara Mills to the Parks, Recreation & Beautification Board.
He nominated Jessica Lambert to the Traffic Safety Commission.
Council Member Roden motioned, Council Member Hawkins seconded to approve the
nominations. 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. 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 a wark session on boards and commissions focusing on special
requirements far members and how get that back in balance.
City of Denton City Council Minutes
February 17, 2015
Page 23
Council Member Gregory requested a wark session on the retail mix in the Downtown area and
how to encourage a mix of retail in certain districts and limit the number of bars in the area so it
would not become all one thing.
Council Member Johnson asked for an Informal Staff Report on the charges for ambulance trips
and what other cities charged.
Council Member Johnson requested information on the tree ordinance discussion in terms of
how to empower citizens by giving them trees and letting them plant the trees.
Mayor Pro Tem Engelbrecht stated that as part of the tree ordinance discussion he would like
ideas on what other cities were doing such as adopt a tree.
Mayor Pro Tem Engelbrecht requested that as part of the ambulance report, he would like
information on what Medicare would pay for the service.
Mayor Pro Tem Engelbrecht stated that he would like to have a wark session as quickly as
possible on the Downtown retail in order to keep a mix of stores in the area.
Mayor Watts requested a letter of support for the Historic Landmark Commission for a Chisholm
Trail state marker.
Mayor Watts requested a pre-budget wark session to discuss the Council's ideas about budget
and thoughts on the budget which would help define the parameters for the budget.
Mayor Watts requested a wark session regarding a policy for homeowner associations and green
space.
Mayor Watts stated that he had received a letter from United Way requesting minor funds to help
with the Meadows Foundation's look at mental health. He suggested the City double the
requested amount to $4,400.
Mayor Watts requested a wark session regarding the City's health insurance and in particular,
the employee health clinic in terms of what would be spent if regular health costs were being
used and also what non self-insurance what it would cost.
B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 10:06 p.m.
CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS