May 05, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES
May 5, 2015
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 5, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins,
Council Member Johnson, Council Member Roden, Council Member Ryan, and
Mayor Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments regarding the Consent Agenda.
2. Requests for clarification of agenda items listed on the agenda for May 5, 2015.
Council Member Ryan stated that he had received requests from several citizens to pull Consent
Agenda Items O -S for separate consideration.
City Manager Campbell stated that Council had received a substitute fee schedule for the Parks
item and he requested Council include that in any motion for the Consent Agenda.
Council Member Johnson asked about Consent Agenda Item F regarding the software
maintenance and requested a clarification of the expenditure.
Chuck Springer, Director of Finance, stated that the item was a three year agreement for the
utility billing system software support for that program and an update for the prepaid utility
program to make them more efficient.
Council Member Johnson asked about Consent Agenda Item N regarding the sharing of
resources to a city in Mexico. He suggested either pulling the item for recognition at the regular
meeting or have the City Manager explain it in the regular meeting.
City Manager Campbell stated that the item was a proposal to donate equipment and Council
authority was needed in order to complete the transaction. This proposal would provide better
use of the equipment than just disposing of it.
Mayor Pro Tern Engelbrecht stated that this was in conjunction with a follow up of a meeting
last year with the City of Muzquiz. Muzquiz asked for help locating supplies for their fire /police
and Denton was able to donate items to them. The two cities had entered into joint friendship
agreement.
3. Work Session Reports
A. ID 15 -156 Receive a report, hold a discussion and give staff direction regarding the request
to change the existing park rules Chapter 22 -26 and 22 -29 of the Code of Ordinances of the
City of Denton to prohibit vending, solicitation and the offer to sell items in the park and as
well as solicitation of future sales unless the vendor is under contract with the City to offer
fitness, athletic or recreation programs; or invited to participate in an activity offered by the
Department.
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May 5, 2015
Page 2
Emerson Vorel, Director of Parks and Recreation, stated that current park rules did not allow
solicitation in the Parks without contracting with the City. There had been an increase in
unauthorized commercial use of the Parks such as teaching tennis lessons on the courts,
organized fitness activities in the parks, sales of food and problems with solicitation in the parks
to purchase products off the website. These vendors did not have any insurance and provided no
protection for the City if someone were to get hurt participating in one of these types of
activities. There were also no background checks on the individuals providing the classes and no
general fund revenue for the City. These vendors were in direct competition with individuals
who had contracts with Parks. There was a philosophical difference with the personal gain off
public tax supported property. The Parks Board expressed a desire to limit commerce in the
parks to special events, recreation and sports related activities and no food vendors, etc. without
a contract with the City.
Council Member Roden asked if there was a tool in place to enforce these activities at this time.
Vorel stated that they could curb the true sales but needed help with the solicitation and
associated resistance from those vendors.
Council Member Roden asked what would be the process if a citizen wanted to approach the
City with a related need.
Vorel stated that their process was very clear. They could come in and talk with him about their
proposal. If an event was being held in a park, the perception was that it was related to the City.
Council Member Gregory asked about limiting the food vending.
Vorel stated that the Parks Board recommended not allowing food vending in the parks for
several reasons which included the noise level, litter, children in the street, etc. There was also
the conflict where there was already a concessions stand either sponsored by the City or by a
group.
Council Member Ryan questioned why not allow food vending where there was no concessions.
Vorel stated that the Parks Board indicated that they did not want commerce of any kind in the
parks and had a lengthy discussion about the matter.
Council Member Roden asked about the fee schedule.
Vorel stated that the Parks Board had indicated no vending in the parks and other vending would
be worked out with a contract with staff.
Council Member Gregory stated that he was not sure if he was comfortable with no vending at
all as there might be a time when it would be appropriate.
Vorel stated that in that case, it would be some type of special event and vendors would be
invited by Parks to vend.
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May 5, 2015
Page 3
Consensus of the Council was to follow the general direction of the proposed ordinance reflected
by the Parks Board for further discussion.
B. ID 15 -332 Receive a report, hold a discussion and give staff direction regarding City
Council priorities for the FY 2015 -16 Proposed Budget and Capital Improvement Plan.
Chuck Springer, Director of Finance, presented the budget priorities for the 2015 -16 budget. The
purpose of the discussion was to discuss council priorities to assist staff in the development of
the 2015 -16 budget. He provided a list of potential priories from prior year budget discussions
and City Council discussion during the current year. He reviewed the potential budget priorities
list that was in the backup materials.
Council Member Roden asked if staff's supplemental packages had already been submitted.
Springer stated that staff will make presentations to the City Manager in early June and the
budget would be presented to Council in July.
Council Member Roden asked if there was any give or take before the supplemental packages
were considered. The current process made it hard to get Council /citizen suggestions.
Springer stated that the City Manager sent out a memo regarding projects staff wanted to see
before the proposed budget.
City Manager Campbell stated that most of what the departments were submitting was their
perceptions of what the City needed based on discussions from Council.
Council Member Roden stated that he would like more detail on the current street situation in
order to consider how that would affect franchise fees.
Howard Martin, Assistant City Manager, stated that the OCI study would not be completed for a
while. Staff could put together a financial plan or approach that could be adjusted when the study
was completed.
Council Member Roden requested that sidewalks be included with an inventory and condition
assessment along with facility parking lots.
Council Member Gregory felt the list was a good reflection of what Council had been discussing.
He felt that a 3 -1 -1 plan was missing and did not know if it needed to be on the list.
City Manager Campbell stated that it would be good to add it to the list to keep as a place holder.
Council Member Johnson stated that he would like a plan for a goal for the OCI rating and how
to get there from an activity standpoint and financial standpoint. He suggested considering a
long range goal for the OCI rating to help with the financial aspect. Then set up short term goals
for the next 5, 10 or 15 years to reach that long term goal. He noted that one thing missing from
the list was improvement in the planning and development process from start to the receipt of a
Certificate of Occupancy.
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May 5, 2015
Page 4
Aimee Bissett, Interim Director of Planning and Development, stated that the department was in
the process of doing that and that staff had conversations with Building Inspections and the
Planning Division on how to balance the trend for inspections, etc.
Council Member Johnson suggested adding a priority for appropriate funding for Building
Inspections and Planning.
Council Member Ryan asked about a reserve for economic development and a way to fund that
as other economic development incentives rolled off. He also asked about cash funding for
vehicles.
Springer stated that in the past there was some cash funding done but that was later rolled into
the General Fund.
Council Member Johnson requested developing a plan to assist with bike /pedestrian access such
as here was what was wanted /here was how long to get there.
Council Member Gregory noted that there was a bike plan but not so much with sidewalks and
that there were lots of gaps in the sidewalks.
Council Member Hawkins felt that the streets issue was the capacity to work on the streets and a
schedule to do that.
Martin stated that it would cost about $157 million to do all the streets and that they were trying
to tackle it over a number of years.
Mayor Pro Tem Engelbrecht stated that water and sewer lines needed to be replaced at the same
time and suggesting funding to do the utilities at the same time as the streets.
Springer stated that the upcoming budget proposed to add a piece of equipment for a second
dedicated City crew to work on those projects and then add a second crew to do the smaller jobs.
Council Member Johnson recommended setting the OCI goal at 70. He also recommended
hiring a consultant to help with facility usage to plan what was needed such as a space study to
get the process moving.
Mayor Watts stated that he had suggested this meeting early in the process out of concern about
budget assumptions that had changed. He suggested building a budget amount and the excess
that went over that budgeted amount, determine where to put those additional funds. If the
amount went over the established increase, Council could determine what to do with that extra
funding. He felt that he would like to revisit the OCI process and the OCI technology. He
questioned if a street were redone, what then was the rating for that street.
Council Member Hawkins requested an Informal Staff Report on how it was determined on
which streets to fix before there was an OCI rating.
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May 5, 2015
Page 5
Council Member Roden suggested considering how to plan for big ticket items; a McKinney
Street crossing suggestion; and a smart meter concept for the immediate Square area for on- street
parking.
Mayor Watts suggested considering TIF funds for helping with the Parks.
C. ID 15 -351 Receive a report, hold a discussion, and give staff direction regarding a proposal
of private property tree planting projects from Keep Denton Beautiful (KDB).
Loren Barker, Keep Denton Beautiful (KDB) Program Manager, stated that at the Council
meeting of March 3rd staff had presented a proposal for KDB to use Tree Mitigation Funds for
private property tree plantings. The focus of this meeting would be a comprehensive plan to use
Tree Fund money for getting trees into the hands of citizens. It would also cover necessary
changes to the Tree Code to make these programs possible.
Background of KDB - KDB was a nonprofit partner of the City working on litter prevention,
beautification and urban forestry. It provided free trees and tree planting instructions through a
number of events.
Proposal overview - revisions to the Tree Code were needed to allow use of the Tree Migration
Funds for private property planting and staffing. The recommendation was 12,160 trees at a total
cost of $835,302 over three years. The proposal would be a combination of four programs to
maximize distribution and reach the approaches fitting within existing program models. There
would be a built -in tracking capability and opportunities for education. Case studies and current
KDB tree programs were used to determine feasibility and sustainability.
Tree Code revisions — an amendment was needed to allow for proposed programs to purchase
trees for planting on private property either through giveaways or rebates and for temporary
staff.
Proposed Programs — these programs included small scale giveaways, a business
NeighborWoods program, enhanced Arbor Day activates and a tree rebate program. Small -scale
giveaways would include (1) giveaways to neighborhood groups, churches and civic
organizations, and (2) free trees at the Denton Redbud festival. The business neighborhood
option would target businesses that needed trees. Participants would agree to provide a
water /maintenance plan, plant the trees in publicly viewed spaces, take a tree care education
class and submit reports to track the health of the trees over time. Enhanced Arbor Day activities
would involve providing up to 20 3 -inch caliper trees planted at local schools along with
watering bags, mulch and educational materials. The Tree Rebate Program was modeled after
Denton's GreenSense Rebate Program which included a list of approved vendors. Only selected
native or adapted trees would be eligible for the rebate. The public education component would
center on the right tree in the right place. A temporary employee would be needed to implement
the program and process applications.
The three year budget projections were reviewed. Additional considerations were (1) temporary
staff to support the programs, (2) a citizen forester training program, (3) a sustained education
City of Denton City Council Minutes
May 5, 2015
Page 6
campaign, and (4) the possibility of increased tree trimming costs (even with education and
placement requirements).
Short term goals included coordinating public and private efforts for a comprehensive tree
planting plan for the City and metrics for large -scale tree planting success.
Long range goals involved a citywide tree management plan and tree tracking software to allow
residents to adopt a tree through an online portal plus the use of Citizen Forester volunteers to
help care for street trees and other public trees.
Council Member Johnson felt that the program was heavily weighted towards a rebate program.
Barker stated that the cost of a tree was lower as well as the labor to install the tree.
Council Member Johnson suggested finding retailers who would partner with the City which
might result in the sale of other items along with getting the trees.
Council Member Roden suggested building in an opportunity for flexibility to change from a
rebate to a neighborhood program, etc.
Council Member Roden asked if the tracking system would be the same for each of the different
programs.
Barker stated that the intake of the data would be different such as applications, etc. for each
program.
Council discussed the neighborhood programs, training for those receiving the trees, the rebate
program associated with receiving the trees, and the need to keep in mind that Denton was part
prairie and part woods to keep the plantings consistent with the region.
Council Member Roden suggested not getting bogged down in the details regarding the
education of the planting of trees so as to not keep people away from the rebate program.
Mayor Watts requested an Informal Staff Report on the details of the project.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 15 -360 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; and 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, A. Tomkins Survey,
Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56, both in Denton County,
City of Denton City Council Minutes
May 5, 2015
Page 7
Texas, generally located in the 1800 block of Bonnie Brae Street, City of Denton, Texas.
Consultation with the City's attorneys regarding legal issues associated with the acquisition
or 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. (Bonnie Brae Road Widening and Improvements Project:
Parcel 17, Jones Family Trust [ID 15 -361])
B. ID 15 -367 Deliberation regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551 -071.
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to the acquisition of real property interests in the J. Haney Survey, Abstract No.
515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch
Branch Road. Consultation with the City's attorneys regarding legal issues associated with
the acquisition or condemnation of real property interests referenced above where a public
discussion of these legal matters would conflict with the duties of the City's attorneys to the
City of Denton and Denton City Council under the Texas Rules of Professional Conduct of
the State Bar of Texas, or would jeopardize the City's legal position in any administrative
proceedings or potential litigation. (DME -Masch Branch Switch Station) [ID 15 -371]
C. ID 15 -377 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; and Consultation with Attorneys - Under Texas Government Code, Section
551.071.
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to the potential exchange and /or sale of certain real property interests regarding a
1.6598 acre tract located in the Robert Beaumont Survey, Abstract Number 31 and a 0.3278
acre tract located in the N.H. Meisenhamer Survey, Abstract Number 810, both in the City
of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal
issues associated with the potential proceedings against 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. (North Lakes Park -
excess property below south dam area) [ID 15 -378]
D. ID 15 -376 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. Deliberations regarding
Real Property - Under Texas Government Code Section 551.072; Consultation with
Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to legal and economic development issues related to Orison Holdings and
economic development incentives and the acquisition of real property interests in the H.
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May 5, 2015
Page 8
Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the
600 block of E. Hickory. This discussion shall include commercial and financial
information the City Council has received from Orison Holdings which the City Council
seeks to have locate, stay, or expand in or near the territory of the city, and with which the
City Council is conducting economic development negotiations; including the offer of
financial or other incentive where the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code.
This item was not considered.
E. ID 15 -302 Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086.
Receive a presentation from Denton Municipal Electric (DME) staff 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 relating to selecting and acquiring generation resources for the City; 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.
F. ID 15 -168 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 further briefing and presentation from Denton Municipal Electric ( "DME ") staff
regarding certain public power competitive, financial and commercial information regarding
the proposed Collaboration Agreement which pertains to DME's establishment of a high
voltage direct current (HVDC) interconnection with another electric transmission service
company utilizing the latest in power grid technology that would provide DME the
opportunity to acquire additional renewable energy and other electric power products for its
energy portfolio. Consultation with the City's attorneys regarding legal issues associated
with the proposed Collaboration Agreement and the implementation of the HVDC
interconnection where a public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or potential litigation.
Discuss, deliberate, provide staff with direction and consider final action and approval of
the Collaboration Agreement.
Council considered Ordinance No. 2015 -124. Mayor Pro Tem Engelbrecht motioned, Council
Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem
Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council
Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
City of Denton City Council Minutes
May 5, 2015
Page 9
G. ID 15 -363 Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Receive a briefing and presentation from Denton Municipal Electric ( "DME ") staff
regarding certain public power competitive, financial and commercial information relating
to issues regarding the proposed Professional Services Agreement (the "Agreement ") by
and between the City of Denton, Texas and Burns & McDonnell Engineering Company,
Inc., Kansas City. Missouri, regarding contractual matters that deal with plans, studies,
proposals and analyses for system improvements to the Denton Municipal Electric system,
said Agreement being in the not -to- exceed amount of $264,648. Consultation with the
City's attorneys regarding legal issues associated with the Agreement where a public
discussion of these legal matters would conflict with the duty of the City's attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal
position in any administrative proceeding or potential litigation. Discuss, deliberate, provide
staff with direction, approve and take final action on said Agreement.
Council considered Ordinance No. 2015 -125. Mayor Pro Tem Engelbrecht motioned, Council
Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem
Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council
Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
H. ID 15 -364 Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Receive a briefing and presentation from Denton Municipal Electric ( "DME ") staff
regarding certain public power competitive, financial and commercial information relating
to issues regarding the proposed three -year Professional Services Agreement (the
"Agreement ") by and between the City of Denton, Texas and Teague Nall & Perkins, Inc.
regarding contractual matters that deal with plans, studies, proposals and analyses for
system improvements to the Denton Municipal Electric system, said Agreement being in the
not -to- exceed amount of $450,000. Consultation with the City's attorneys regarding legal
issues associated with the Agreement where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City of Denton and the Denton
City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative proceeding or
potential litigation. Discuss, deliberate, provide staff with direction, approve and take final
action on said Agreement.
Council considered Ordinance No. 2015 -126. Council Member Gregory motioned, Council
Member Ryan seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht
"aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member
Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts
"aye ". Motion carried unanimously.
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May 5, 2015
Page 10
ID 15 -375 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and strategies
associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance
amendment, regulation of gas well drilling and production within the City Limits and the
extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon
municipal regulatory authority; statutory preemption and vested rights; impacts of federal
and state law and regulations; impacts of gas well drilling upon protected uses and vice -
versa; current and proposed extension to moratorium on drilling and production; other
concerns about municipal regulatory authority or matters relating to enforcement of the Gas
Well Ordinance, both current and proposed; settlement matters concerning gas well drilling
in the City; surface development issues involving surface and mineral estates; and legal
matters associated with a citizen's initiative ordinance and pending litigation styled Jerry
Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No.
D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and
Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently
pending in the 431st District Court of Denton County regarding hydraulic fracturing where
a public discussion of these legal matters would conflict with the duty of the City's
attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
ID 15 -394 Deliberation regarding Personnel Matters - Under Texas Government Code
Section 551.074.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the
City Attorney, Municipal Court Judge, and City Manager.
This item was not considered.
K. ID 15 -400 Deliberations regarding consultation with the City Attorney - Under Texas
Government Code Section 551.071, Deliberations regarding Economic Development
Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a
discussion regarding legal and economic development issues regarding a proposed
economic development incentive agreement for Project Ranger One (Denton - Tarrant PRW,
LLC). This discussion shall include commercial and financial information the City Council
has received from Project Ranger One which the City Council seeks to have locate, stay, or
expand in or near the territory of the city, and with which the City Council is conducting
economic development negotiations; including the offer of financial or other incentive
where the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of
the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Mayor Watts left the meeting with a potential conflict of interest.
L. ID 15 -401 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
City of Denton City Council Minutes
May 5, 2015
Page 11
discussion regarding legal and economic development issues regarding a proposed
economic development incentive agreement for Madison Partners. This discussion shall
include commercial and financial information the City Council has received from Madison
Partners which the City Council seeks to have locate, stay, or expand in or near the territory
of the city, and with which the City Council is conducting economic development
negotiations; including the offer of financial or other incentive where the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open
Meetings Act, Chapter 551 of the Texas Government Code.
Mayor Watts returned to the meeting.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas.
Council Member Roden left the meeting.
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 -246 National Day of Prayer
Mayor Watts presented the proclamation for National Day of Prayer.
B. ID 15 -250 Bike Month
Mayor Watts presented the proclamation for Bike Month.
C. ID 15 -292 Shelter Thy Neighbor Week
Mayor Watts presented the proclamation for Shelter Thy Neighbor Week.
D. ID 15 -384 Children's Mental Health Awareness Day
Mayor Watts presented the proclamation for Children's Mental Health Awareness Day.
E. ID 15 -402 Arson Awareness Week
Mayor Watts presented the proclamation for Arson Awareness Week.
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May 5, 2015
Page 12
3. CONSENT AGENDA
Mayor Watts noted that Items O -S would be pulled for separate consideration and that Item L
would be considered with the substitute ordinance as provided in the Work Session.
Council Member Hawkins motioned, Council Member Gregory seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items O -S and with
the substituted ordinance for Item L. On roll call vote, Mayor Pro Tem Engelbrecht "aye"
Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson
"aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously.
Ordinance No. 2015 -127
A. ID 15 -136 Consider adoption of an ordinance approving an Encroachment
Agreement between the City of Denton, Texas, and RLB Investment Partners, LLC,
to allow a deck and related appurtenances to be located within existing City
easements on and near 321 W. Hickory St.; and declaring an effective date.
Ordinance No. 2015 -128
B. ID 15 -312 Consider adoption of an ordinance approving the expenditure of funds
for the purchase of LON GON Odor Control for the City of Denton Landfill which
is available from only one source in accordance with Texas Local Government
Code 252.022, such purchases are exempt from requirements of competitive bids;
providing for the expenditure of funds therefor; and providing an effective date (File
5786- awarded to Enviro Chemical Research in the three (3) year not -to- exceed
amount of $450,000). The Public Utilities Board recommends approval (7 -0).
Ordinance No. 2015 -129
C. ID 15 -352 Consider adoption of an ordinance authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of two (2) skid steer loaders for the City of
Denton Solid Waste and Wastewater Collections departments; and providing an
effective date (File 5813 awarded to Bobcat Company in the amount of
$152,722.74). The Public Utilities Board recommends approval (4 -0).
Ordinance No. 2015 -130
D. ID 15 -353 Consider adoption of an ordinance providing for the expenditure of funds
for the emergency cleaning of the Lake Ray Roberts Water Treatment Plant Supply
Pipeline in accordance with provisions of Section 252.022 of the Local Government
Code exempting such purchases from requirements of competitive bidding; and
providing an effective date (File 5684- awarded to Archer Western Construction,
LLC in the amount of $265,818.12 and File 5711 awarded to Clean -Co Systems,
Inc. in the amount of $224,493.10). The Public Utilities Board recommends
approval (4 -0).
City of Denton City Council Minutes
May 5, 2015
Page 13
Ordinance No. 2015 -131
E. ID 15 -354 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the construction of the Lake Ray Roberts
Water Treatment Plant Equipment Storage Building; providing for the expenditure
of funds therefor; and providing an effective date (RFP 5783- awarded to Caliber
Construction, Inc. in the amount of $138,040). The Public Utilities Board
recommends approval (4 -0).
Ordinance No. 2015 -132
F. ID 15 -355 Consider adoption of an ordinance approving the expenditure of funds
for the purchase of three (3) year software maintenance for continued vendor
support for Harris Public Utility Billing System and associated software modules,
implementation of data transfer with Exceleron for utility prepay, and
implementation of the core automation suite, 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 4735- awarded to Harris Computer Systems, Inc. in
the three (3) year not -to- exceed amount of $700,000).
Ordinance No. 2015 -133
G. ID 15 -356 Consider adoption of an ordinance accepting competitive bids by way of
an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the
acquisition of maintenance, repair, and operations supplies including hand tools,
personal safety equipment, and supplies used by the City's field personnel, for the
City of Denton Distribution Center; providing for the expenditure of funds therefore;
and providing an effective date (File 5811- awarded to Fastenal Company in the three
(3) year not -to- exceed amount of $600,000).
Ordinance No. 2015 -134
H. ID 15 -357 Consider adoption of an ordinance accepting competitive bids and
awarding a public works contract for the construction of the City of Denton Pecan
Interceptor III project; providing for the expenditure of funds therefor; and
providing an effective date (Bid 5767- awarded to the lowest responsible bidder
meeting specification, William J Schultz Inc. dba Circle C Construction Company
in the amount of $2,928,637). The Public Utilities Board recommends approval (4-
0).
Ordinance No. 2015 -135
L ID 15 -358 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of medium duty trucks for the City of Denton;
and providing an effective date (RFP 5762- awarded to Grapevine DCJ, LLC in the
three (3) year not -to- exceed amount of $1,743,826).
Ordinance No. 2015 -136
J. ID 15 -359 Consider adoption of an ordinance of the City of Denton authorizing an
agreement by and between the City of Denton, Texas and Robson Denton
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May 5, 2015
Page 14
Development, L.P. for the provision of water services, providing for the expenditure
of funds therefor; providing an effective date. The Public Utilities Board
recommends approval (7 -0).
Ordinance No. 2015 -137
K. ID 15 -371 Consider adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager, or his designee, to accept a counteroffer from
McKee- Krum Properties, LLC, for the purchase by the City of a 15.037 acre tract
located in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas,
generally located south of FM 1173 and east of Masch Branch Road, for the public
use of expansion, construction, operation, maintenance, augmentation, and
improvement of electric transmission and distribution lines, facilities, structures,
including substations and switch stations, for the price of $250,000.00; authorizing
the expenditure of funds; and, providing an effective date. (DME Masch Branch
Switch Station) [ID 15 -367]
Ordinance No. 2915 -138
L. ID 15 -373 Consider adoption of an ordinance adopting a Schedule of Fees for use of
certain park facilities; superseding all prior fees in conflict with such schedule; and
providing for severability and an effective date. The Parks, Recreation and
Beautification Board recommends approval (4 -1).
Ordinance No. 2015 -139
M. ID 15 -378 Consider adoption of an ordinance of the City of Denton, Texas
approving the sale of an approximate 1.6598 acre of designated City park land
situated in the R. Beaumont Survey, Abstract No. 31, to the successful proposer,
SSR Group, LP, a Texas limited partnership, for the total consideration of
$658,100.00 consisting of both cash and real property; authorizing the City Manager
in accordance with Texas Local Government Code 253.001 to execute a deed to
SSR Group, LP, together with any other documents necessary to sell and convey
said real property; and providing an effective date (RFP 5614 -Sale of Real
Property).
Ordinance No. 2015 -140
N. ID 15 -399 Consider adoption of an ordinance authorizing the City Manager to
execute an Donation Agreement with the City of Muzquiz, a political subdivision of
the Free and Sovereign State of Coahuila, Mexico in compliance with City of
Denton Ordinance 2008 -11; authorizing the donation of Police and Fire Equipment
to the City of Muzquiz; authorizing the donation of the equipment with an estimated
value greater than Five Hundred Dollars ($500); and providing an effective date
(File 5824- Donation Agreement with the City of Muzquiz).
Council considered Items O -S pulled for separate consideration.
Ordinance No. 2015 -141
O. ID 15 -396 Consider adoption of an ordinance approving a salary increase for Anita
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May 5, 2015
Page 15
Burgess, City Attorney, under the performance review provision of her employment
agreement with the City; authorizing the expenditure of funds; and providing an
effective date.
Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
Ordinance No. 2015 -142
P. ID 15 -397 Consider adoption of an ordinance approving a salary increase for George
C. Campbell, City Manager, under the performance review provision of his
employment agreement with the City; authorizing the expenditure of funds; and
providing an effective date.
Mayor Pro Tern Engelbrecht motioned, Council Member Johnson seconded to adopt the
ordinance. On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory
"aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan
"aye ", and Mayor Watts "aye ". Motion carried unanimously.
Ordinance No. 2015 -143
Q. ID 15 -403 Consider adoption of an ordinance approving a salary increase for Robin
A. Ramsay, Municipal Judge, under the performance review provision of his
employment agreement with the City; authorizing the expenditure of funds; and
providing an effective date.
Council Member Ryan motioned, Mayor Pro Tern Engelbrecht seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
Ordinance No. 2015 -144
R. ID 15 -404 Consider adoption of an ordinance extending an employment agreement
for the City Manager; amending Sections 3, 5 and 6 of said agreement; authorizing
the Mayor to execute said agreement; and authorizing expenditures and actions.
Mayor Watts noted that Comment Cards had been submitted by the following:
Hatice Salih, 300 Northridge, Denton, 76201 - in opposition
Daniel Garza, 300 Northridge, Denton, 76201 - in opposition
David Zoltner, 2501 Timber Trail, Denton, 76209 - in opposition
Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
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May 5, 2015
Page 16
Ordinance No. 2015 -145
S. ID 15 -405 Consider adoption of an ordinance extending an employment agreement
for the City Attorney; amending Sections 3, 5 and 6 of said agreement; authorizing
the Mayor to execute said agreement; and authorizing expenditures and actions.
Mayor Watts noted that Comment Cards had been submitted by the following:
Hatice Salih, 300 Northridge, Denton, 76201 - in opposition
Daniel Garza, 300 Northridge, Denton, 76201 - in opposition
David Zoltner, 2501 Timber Trail, Denton, 76209 - in opposition
Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
4. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2015 -146
A. ID 15 -361 Consider adoption of an ordinance finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain (i) fee simple
title to the surface estate, with waiver of surface use related to the mineral estate, of
an approximate 1.28 acre of real property, (ii) a utility slope easement encumbering
0.244 acre of real property, (iii) a temporary construction, grading and access
easement, encumbering 1.29 acre of real property; (iv) a slope easement
encumbering 0.04 acre of real property, (v) a drainage easement encumbering 0.04
acre of real property, (vi) a sanitary sewer easement encumbering 0.65 acre of real
property, (vii) a utility drainage easement encumbering 0.01 acre of real property,
and (viii) a temporary access easement encumbering 1.11 acre of real property; for
the public use of expanding and improving Bonnie Brae Street, a municipal street
and roadway located in the City of Denton, Texas, generally located in the 1800
block of N. Bonnie Brae Street, and situated in the A. Tompkins Survey, Abstract
No. 1246 and the O. S. Brewster Survey, Abstract No. 56, City of Denton, Denton
County, Texas, as more particularly described on "Exhibit "A ", attached thereto and
made a part thereof, (collectively the "Property Interests "); authorizing the filing and
prosecution of eminent domain proceedings to acquire the Property Interests;
authorizing the expenditure of funds therefore; making findings; providing a savings
clause; and providing an effective date. (Bonnie Brae Road Widening and
Improvements Project: Parcel 17, Jones Family Trust)
LuAnne Oldham, Real Estate Specialist, presented information on the proposal. The project
involved the Bonnie Brae Road widening and improvements. She noted that she would be
presenting the legal description of the property on the overhead screen as the motion was being
read.
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May 5, 2015
Page 17
Council Member Gregory motioned: "I move that the City of Denton, Texas authorize the use of
the power of eminent domain to acquire (1) fee simple title to the surface estate, with waiver of
surface use related to the mineral estate, of an approximate 1.28 acre tract of real property, (2) a
utility slope easement encumbering 0.244 acre of real property, (3) a temporary construction,
grading and access easement, encumbering 1.29 acre of real property, (4) a slope easement
encumbering 0.04 acre of real property, (5) a drainage easement encumbering 0.04 acre of real
property, (6) a sanitary sewer easement encumbering 0.65 acre of real property, (7) utility
drainage easement encumbering 0.01 acre of real property, and (8) a temporary access easement,
encumbering 1.11 acre of real property, all of which are for the public use of expanding and
improving Bonnie Brae Street, a municipal street and roadway situated in the A. Tompkins
Survey, Abstract No. 1246 and the O. S. Brewster Survey, Abstract No. 56, City of Denton,
Denton County, Texas and are generally located in the 1800 block of N. Bonnie Brae Street, and
are more particularly described in Exhibit "A" to the ordinance now under consideration and on
the overhead screen being now displaced to the audience." Council Member Hawkins seconded
the motion.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
First Reading
A. SI15 -0011 Consider adoption of an ordinance of the City of Denton, Texas, on first
reading, confirming and approving a Boundary Adjustment Agreement, with the
City of Corinth, Texas, adjusting a mutual boundary of the cities not exceeding
1,000 feet; providing for severability; and providing an effective date.
Aimee Bissett, Interim Director of Planning and Development, stated that this was a boundary
adjustment with the city of Corinth. She presented the location map and zoning map. This
adjustment was a mutual request from the cities of Denton and Corinth and would not exceed
1,000 feet. If approved the next step would be to amend PD -12 to extend the boundary to
include the new area and complete the final plat.
Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
Resolution No. R2015 -014
B. ID 15 -347 Consider approval of a resolution appointing a member of the Board of
Directors of Texas Municipal Power Agency, a Joint Powers Agency representing
the City of Denton, Texas; and declaring an effective date.
Mayor Watts left the meeting with a conflict of interest.
City of Denton City Council Minutes
May 5, 2015
Page 18
Council Member Gregory motioned, Council Member Ryan seconded to appoint Chris Watts to
the TMPA Board of Directors. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council
Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", and
Council Member Ryan "aye ". Motion carried unanimously.
Mayor Watts returned to the meeting.
6. PUBLIC HEARINGS
Ordinance No. 2015 -147
A. HL 15 -0004 Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, designating the property located at 1109 West Congress Street,
legally known as Lot 2 (all), Lot 6 (n25' of w75'), Block 4 of the High School
Addition, as a historic landmark under Section 35.7.6 of the Denton Development
Code; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. The Planning and Zoning Commission
recommends approval (7 -0).
Aimee Bissett, Interim Director of Planning and Development, stated that the request was for a
historic landmark designation for 1109 W. Congress. She presented site photos and criteria for
approval which the proposal met. The Planning and Zoning Commission and the Historic
Landmark Commission recommended approval.
The Mayor opened the public hearing.
Mayor Watts noted that Comment Cards had been submitted by the following:
John and Donna Morris, 918 W. Oak, Denton — in favor
Angie Matthews, 317 Matthew, Denton, 76210 — in favor
Chris Voci, applicant, spoke in favor.
Council Member Johnson asked Voci about his experience going through the process from the
application to this meeting.
Voci stated that he submitted his preliminary application after HLC approved it and then his final
application was submitted in December. The entire process was about five -six months from first
started. He suggested a seminar on how to do the process.
The Mayor closed the public hearing.
Council Member Ryan motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
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May 5, 2015
Page 19
Ordinance No. 2015 -148
B. HL 15 -0006 Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, designating the property located at 923 West Oak Street, legally
known as Tract 17, A.E. Pulchalski Survey, Abstract No. 996, as a historic
landmark under Section 35.7.6 of the Denton Development Code; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. The Planning and Zoning Commission recommends approval
(7 -0).
Aimee Bissett, Interim Director of Planning and Development, presented the details of the
proposed historic designation. The HLC had made the recommendation to designate both the
land and the home as a historic designation. The Planning and Zoning Commission and the
Historic Landmark Commission recommended approval.
The Mayor opened the public hearing.
Mayor Watts noted that two Comment Cards had been submitted:
John and Donna Morris, 918 W. Oak, Denton — in favor
Angie Matthews, 317 Matthew, Denton, 76210 — in favor
Randy Hunt spoke in favor.
The Mayor closed the public hearing.
Mayor Pro Tem Engelbrecht motioned, Council Member Ryan seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
Ordinance No, 2015 -149
C. HL 15 -0012 Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, designating the property located at 1011 West Oak Street, legally
known as Tract 22, A.E. Pulchalski Survey, Abstract No. 996, as a historic
landmark under Section 35.7.6 of the Denton Development Code; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. The Planning and Zoning Commission recommends approval
(7 -0).
Aimee Bissett, Interim Director of Planning and Development, presented the details of the
request for historic designation at 1011 West Oak Street. She reviewed site photos, location map
and notification map. The HLC had approved a preliminary application. She reviewed the
criteria for approval which the proposal met. The Planning and Zoning Commission and the
Historic Landmark Commission recommended approval.
The Mayor opened the public hearing.
Mayor Watts noted that Comment Cards had been submitted by:
City of Denton City Council Minutes
May 5, 2015
Page 20
John and Donna Morris, 918 W. Oak, Denton — in favor
Angie Matthews, 317 Matthew, Denton, 76210 — in favor
Randy Hunt spoke in favor.
Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council
Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and
Mayor Watts "aye ". Motion carried unanimously.
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council. B. Receive citizen reports
from the following:
B. ID 15 -383 Willie Hudspeth regarding Southeast Denton issues.
Mr. Hudspeth stated that he had several issues to discuss with the Council. One of his concerns
was the time when citizens were allowed to speak. Another was a meeting that was hosted asking
City leaders to come and get to know each other. Some members did not attend the meeting.
Administrators were causing him problems at his business at Oak and Bonnie Brae. His final
concern was that the Parks Department had never had an African - American in a leadership role.
He thanked Police Chief, Fire Chief and the County Sheriff for attending his meeting.
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.
Mayor Pro Tem Engelbrecht thanked the Parks Department for bringing Quakertown Park up to
better standards for Cinco de Mayo after the wet weather during Jazzfest.
Council Member Hawkins echoed Mayor Pro Tem Engelbrecht's thanks.
Council Member Johnson thanked staff for the information concerning food trucks.
City of Denton City Council Minutes
May 5, 2015
Page 21
Mayor Watts suggested a committee be formed to discuss potential changes in the use of the
Tree Mitigation Fund and different way to approach the tree ordinance.
Mayor Watts requested a presentation by the Planning Department describing different projects
in process and requested an update on those listed projects.
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 7:40 p.m.
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