September 01, 2015 PM MinutesCITY OF DENTON CITY COUNCIL MINUTES
September 1, 2015
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 1, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Roden, Council Member Johnson, Council Member Hawkins,
Council Member Briggs, Mayor Pro Tem Gregory, Council Member Wazny and
Mayor Watts.
ABSENT: None.
Citizen Comments on Consent Agenda Items
There were no citizen comments regarding Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for September 1, 2015.
City Manager Campbell suggested Council table Item 5B to the September 15th Council meeting.
Council Member Wazny asked for an explanation of Consent Agenda Item K from DME.
Phil Williams, General Manager -DME, stated this item would be discussed further in Closed
Session. It was an agreement with TMPA for DME to assume some of the responsibilities to
Garland. Denton would maintain the lines in Denton County. There would be no increase in cost
to DME as the cost would be billed to TMPA.
Council Member Hawkins asked about Consent Agenda Item I and felt was a lot of money. He
questioned why the City did not have its own crane.
Williams indicated that different sizes were needed for different jobs. This company had a variety
of cranes to help with the different jobs.
Council Member Roden stated that Consent Agenda Item J regarding the house project was a great
story and asked DME to share it.
Brian Daskam, Manager of Internal Affairs, stated that in December the Council approved a site
for the Hickory Substation. There were five homes on the site. One resident did not want to move
from his current home. By State law, he had rights to a relocation package, help moving, rent
differentiation and ADA needs to a different home that would be decent, safe and sanitary. As staff
looked at different places, they were discouraged how few were appropriate. DME owned a home
at 1224 Bonnie Brae which was determined to be appropriate for relocation with renovations. The
new resident would be the owner of the home by using relocation funds for the purchase.
Mayor Pro Gregory stated that the renovations would not add any expenses to what would be spent
to relocate him.
Williams stated that funds would have been expended by the relocation rule. Something had to be
done with the house and the money would have been spent anyways.
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September 1, 2015
Page 2
3. Work Session Reports
A. ID 15 -745 Receive a report, hold a discussion and give staff direction relating to the Denton
County Transportation Authority Passenger Amenities Program.
Mark Nelson, Transportation Director, stated that questions had come up regarding transportation
enhancements. Jim Cline, President of DCTA, was going to make a presentation regarding those
enhancements.
Jim Cline stated that his presentation would include background /update, how to improve the
passenger experience and discussion/questions. It would center particularly on shelters and
benches. He reviewed the background information on the establishment of DCTA whereby the
City contracted services for rail and bus operations.
Community enhancements — enhancements were done in the Southeast Denton area to enhance the
trail in that area. They were in the process of performing a comprehensive bus service needs review
to see if there was a different approach to improve service and efficiency.
Sustained financial strength — DCTA had strong reserve funds and internal coverage with current
year revenue exceeding current year expenditures. They had received clean audits and GFOA
awards.
Challenges /opportunities included positive train control, improved service within the existing
service area, seeking opportunities for expansion without jeopardizing funding and service for
financially participating member cities.
Passenger amenities — DCTA had already installed some amenities in Denton. Previous efforts
included Where's My Ride, Go Pass, schedule changes /updates, passenger information, hike /bike
trail, bus benches and shelters. Twenty new shelters were installed in Denton in 2014. They were
coordinating with the City for future locations and a process for improvements.
Selection of next locations — currently there were 243 stop locations in Denton with a variety of
site conditions, riders, and community interest. Site selection considerations included boardings,
citizen/community input, site conditions such as right of way availability, accessibility, sidewalks,
other infrastructure conflicts and available funds. Moving forward they were planning on
installing amenities at seven locations in FY 2015. The locations would be submitted to the City
to determine materials, the procedure to install and implementation.
Mayor Pro Tem Gregory asked if the amenities would be the same at all seven locations.
Cline stated that some were benches and some were shelters. All would have the same kind of pad.
A higher boarding level might determine a shelter as opposed to a bench.
Council Member Johnson stated if there were no amenities at a stop then there would be no
requirement for ADA but if something were constructed, then it would have to be ADA compliant.
He felt there was a lot of red tape to get these done. He questioned if the ADA issue was the reason
for the delay in these projects.
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Cline stated that the goal was to have the entire route accessible. ADA requirements were a need
that had to be addressed.
Council Member Wazny felt it was important to keep the project moving forward. She suggested
a place on the City's website where citizens could recommend a shelter or bench.
Cline stated that someone could also go through the DCTA website and get an answer in seven
days.
Mayor Watts indicated that Item C would be considered next.
C. ID 15 -780 Receive a report, hold a discussion and provide staff direction on the use of the
City facility located at 300 Woodrow Lane as a homeless shelter.
John Cabrales, Assistant City Manager, stated that the Monsignor King Outreach Center had asked
in December to use a location for an emergency shelter as they had to vacate their current location.
The City had a facility not being used at the time and accommodated the request. Building
Inspections and the Fire Marshal did an inspection of the facility with occupancy granted for
specific areas and specific conditions for a specified amount of time. The Outreach Center was
not able to get another location and asked to use the facility for summer months. They were
advised that they could use the facility on a temporary basis but really needed to find an additional
location. The Fire Marshal noted that the location was lacking some health safety issues as
emergency lighting, people were preparing food with an open flame and a higher occupancy than
anticipated. Staff indicated to the Outreach Center that they would have to work on the immediate
needs and policies presented. Costs to bring the facility up to code was estimated to be above
$130,000 which did not include ADA compliance, adding more restrooms, and waterproofing a
portion of the building as it was located in a flood plain. As a result they would no longer be able
to use the building after September 15tH
Roy Metzler, Monsignor Outreach Center, presented Council with a packet of information that
detailed the services they rendered to the homeless. They knew the building needed work but it
was hard to do when they didn't have a definite answer if they could stay at the facility. If they
could get a long term lease or possibly purchase the facility, they could at their own expense put
in the fire alarm system. Getting a temporary certificate of occupancy would allow them to begin
exploring ADA and FEMA requirements. If the facility were closed it would be hard for them to
fund raise. A key question was whether the City was interested in helping the homeless. The
current location was perfect as it was near the Salvation Army, the Police Department and
Downtown. A question was the participation level of the City and if significant, the property
would work.
Council Member Roden asked where they were with their capital campaign.
Metzler stated that previously they had netted $35,000 per year. Now they were having people
giving them money to renovate. The difference with the animal shelter was that they had a place
they could continue to occupy while raising funds for a new location.
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Betty Kay with the Outreach Center stated they were the only program that took in people with
problems.
Metzler stated that the reality of finding the perfect scenario was not feasible.
Council Member Johnson stated that there needed to be a differentiation between the facility being
up to the standards of the International Building Code or bringing it up to be safe for people. He
felt there could be a slow migration to get the improvements done. He was in favor of doing this
and felt that the City should help with the funding. A long term lease should be structured with an
option to purchase it.
Council Member Briggs felt the location was good and was a good use of current building.
Council Member Wazny stated that if a lease were done, there needed to be stepping stones for
improvements with a timetable.
Council Member Roden questioned if the Outreach Center had a suggested a term for a lease.
Metzler stated that just the certainty that they would be able to use the facility for a long term
would be a help. A longer lease would be better.
Council Member Roden stated that the sprinkler system would be installed by the winter season.
Metzler replied correct.
Cabrales stated that a fire sprinkler system, fire alarm system, and water line tap were required. It
was suggested to hire an architect to meet ADA compliance.
Council Member Roden felt that there was a different city posture now with the request. Somehow
the request was accommodated without all of these issues.
Cabrales replied that the initial request was made in winter and the City tried to accommodate the
request as it was only for a few evenings and a very temporary use of the facility. The inspectors
were now involved as it appeared that this would be an ongoing use. Another entity would not be
allowed to use the facility without the needed upgrades.
Mayor Watts stated that it was his understand that the shelter lost its prior building on short notice.
He felt that no one who was asking questions was trying to put up a road block or not wanting to
make it happen. There was a need to be consistent but flexible. He restated that the request was to
continue and make a more permanent shelter similar to the Salvation Army
Metzler replied correct especially during the days to get people in touch with other agencies and
services. They had always expressed an interest to stay there but had been told that no decision
had been made on the building.
Mayor Watts stated that before the building was occupied, the sprinkler and fire alarm systems
would be functional and that it would also include the dog kennel area.
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September 1, 2015
Page 5
Metzler stated correct. He noted that the request was for a six month temporary Certificate of
Occupancy would allow them to be open during the winter and to have more time for fundraising.
Mayor Watts stated that he would like to keep the funding for the Homeless Coordinator position
in order to leverage funds with other agencies. He was in favor of the concept with flexibility and
provide a safe environment for the clientele. The most pressing issue was the fire safety issue.
Laura Behrens, Fire Marshal, stated that when the issue came to them in February, it was an
emergency situation with two weeks to vacate their current location. They did an inspection and
made fire safety changes for that immediate need. In the summer it was more of a long term use
and they did another inspection. They requested additional fire safety code requirements for a
long term use that included carbon monoxide detector and exiting requirements. Existing
challenges still exist that could be worked through such as the issue of the gates. The building
exits lead to an enclosed locked area which was prohibited. Moving forward the two biggest issues
were the fire suppression and fire alarm system. The use could fall under I (Institutional) or R
(Residential). In terms of the Fire Code both were applicable from the old code to the new code.
A majority of these facilities were classified as an "I" because of the transit nature with more long
term facilities classified as "R ". An "I" occupancy triggered more stringent requirements.
Mayor Watts stated that the Council direction was to proceed forward with the discussion of a
potential lease and terms, the immediate scheduling of fire suppression and alarm and an inventory
of outstanding issues to get them before the proper body and monitor a timeline to get them done.
Council Member Roden suggested that part of the direction would be to provide a regular briefing
to the Council on how the project was progressing.
Council Member Johnson suggested that terms for a lease could include a term of 10 years at $1 a
year, the City would not pay for any improvements with the Outreach Center paying for all
improvements, and a 10 year renewal option for $2 per year. The City should establish who would
have ownership to help with the details.
City Manager Campbell suggested John Cabrales and Mark Nelson.
Mayor Watts stated that he agreed with the concept of a lease but that there would also be other
terms to work out.
Council Member Hawkins and Briggs volunteered help with the process.
B. ID 15 -763 Receive a report, hold a discussion, and give staff direction regarding possible
financial incentives related to the Cole Ranch development.
Bryan Langley, Assistant City Manager, stated that he would be updating Council about Cole
Ranch. He noted that Ocie Vest was present for questions if needed. The details of the proposed
development, location and components of the project were reviewed. Due to the high infrastructure
costs the developer was seeking financial incentives. The developer had originally proposed a
Public Improvement district (PID) which would provide for assessments charged to property
owners in the District. A second proposal was a Tax Increment Reinvestment Zone (TIRZ) which
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September 1, 2015
Page 6
provided for incremental increase in tax revenues split between the City and the developer.
Revenues from the PID assessment would be used to fund bonds to pay for infrastructure. The
assessment was charged to property owners in the district. The TIRZ provided reimbursement to
the developer for infrastructure costs. Staff had ongoing negotiations with the developer to address
Council and staff concerns regarding the inclusion of a TIRZ for residential properties and the
value of the public benefits. The developer provided a revised proposal that included a PID
equivalent to $0.33 cents per $100 valuation but allowed to increase up to $0.40 due to the structure
of the TIRZ to make up for the costs. The TIRZ would be only for commercial property. The
developer was also asking for sales tax rebate agreements on a case by case basis.
Staff recommended approval of both the PID and the TIRZ with the following conditions: (1) the
PID would be limited to $0.40 per $100 valuation; (2) the TIRZ would be applicable only to
commercial property with 40% contribution from full City of Denton tax rate limited to 20 years
and no more than $33 million; (3) sale tax incentive agreements for commercial properties would
be considered on a case -by -case basis depending on the project; (4) homes sales in Cole Ranch
would contribute 0.5% of the sale proceeds to enhancement of schools; (5) developer would donate
sites to the City related for public safety and elevate storage needs; (6) developer would be
responsible for all maintenance costs associated with lakes in the development; and (7) DME
would be the sole provider of electrical services to the Cole Ranch development with a site for a
future substation reserved.
Mayor Pro Tem Gregory stated that the TIRZ caused him some concern especially at the figure
presented. He questioned what happened if the developer went away but the lake stayed.
Langley stated that would have to be looked at in the development agreement.
Mayor Pro Tem Gregory suggested setting set aside money in the PID for operation and
maintenance of the lakes.
Council Member Wazny stated that having DME as the sole provider was financially advantageous
for them but the Public Utilities Commission set the territories and there were other providers in
the area. She was more comfortable removing that condition and let the territories set where they
were.
Langley stated that this particular area of Cole Ranch was only served by Co -Serve which would
not provide service there. In areas where were there were options, DME would provide the service.
Phil Williams, General Manager -DME, stated that the development was at the edges of Denton's
multi - certification area and in those areas where possible, DME would be the provider.
Mayor Watts questioned whether commercial did not include multi - family for the TIRZ.
Langley replied correct.
Mayor Watts stated that he struggled with the TIRZ on commercial but a cap of $33 million he
could not agree with. He was not comfortable with the staff recommendation on sales tax
recommendation as it gave a perception that it would be done. He suggested looking into whether
the County would be willing to participate as well as currently that was not included in the
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September 1, 2015
Page 7
agreement. He also struggled with the proposed 0.5% contribution to DISD just for schools in the
development and would rather make it available for all schools in district.
Council Member Wazny suggested having the DISD weigh in on what to do with those funds. Get
all three developers together and get an overlay for water, sewer and roads for the entire area.
Council Member Roden questioned if there was a way to take the TIRZ concept and make it like
a sales tax concept.
Langley stated that they would have to make some commitments up front with the TIRZ in order
to get the needed capital.
Mayor Pro Tem Gregory felt it was not the City's business in regards to the schools.
Langley reviewed the next steps in the process which included continuing to work on a developer
agreement to finalize terms and agreement, engage Jeff Moore to assist with the drafting of the
agreement and presenting the final agreement to Council for consideration in the fall 2015.
Ocie Vest, Stratford Development, presented information on the concept of the development. He
noted that a hurtle for the development was the infrastructure and the cost of bringing that to the
development. He felt the only way to do it was through a PID and a TIRZ. The TIRZ would be
capped at the actual costs.
Council discussed breaking the TIRZ into three areas instead of just one for future needs. It was
also discussed to work out with the DISD and not the City the terms of funding for schools. The
lakes, dams, and spillways were owned by the Federal government and the development would
keep them up to high standards as they were amenities for the neighborhood.
Mayor Watts recapped that Council direction was to move forward with the PID and TIRZ with
the TIRZ only for commercial at a cap of $33 million. Council was also in agreement with the
staff recommendation to divide it into phases.
D. ID 15 -702 Receive a report, hold a discussion, and give staff direction regarding participation
in What Works Cities, a Bloomberg Philanthropies initiative.
Alison Ream, Administrative Services Manager, reviewed the mission of the program which was
to elevate and accelerate cities' use of data and evidence to engage citizens, make government
more effective, and improve people's lives. Resources provided included on- the - ground training,
access to world -class expertise, peer knowledge network, and implementation of technical
solutions. Areas of Focus were (1) performance measurement, (2) planning and development, (3)
street maintenance and reconstruction, and (4) economic development. Next steps were to hold a
workshop on September 4th and define the scope of engagement.
Consensus of the Council was to proceed with the proposal.
E. ID 15 -817 Receive a report, hold a discussion and give staff direction regarding a potential
Economic Development Grant Agreement and a Commercial Lease Agreement with Rail
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September 1, 2015
Page 8
Yard Partners, LTD. for a co- working space that may be administered by the Dallas
Entrepreneur Center to support entrepreneurship and innovation in Tax Increment
Reinvestment Zone (TIRZ) Number One.
Aimee Bissett, Director of Development Services, stated that the City was engaged in the process
of developing new recruitment strategies and programs. One of those initiatives focused on the
recruitment of hi -tech and emerging technology companies, and the support of entrepreneurship
and innovation. This program initiative sought to (1) create knowledge- based, high - paying jobs,
(2) gainfully employ college graduates in order to keep them living and working in Denton, (3)
support entrepreneurship and innovation, (4) recruit, create and retain successful innovative
businesses, (5) diversify and strengthen the tax base, (6) increase the average household income
in Denton, (7) encourage infill development and redevelopment, (8) create substantial investment
in Denton businesses, (9) develop a workforce that was agile, technologically advanced, and
employable, and (10) foster technology solutions to address community -wide needs. The proposed
Railyard downtown catalyst project addressed a number of goals of the Technology and Innovation
Program and was located in the Tax Increment Reinvestment Zone (TIRZ) Number One,
Downtown Implementation Plan (DTIP) and Transit Oriented Development (TOD) area. The
project would be located at 608 E. Hickory adjacent to the transit station. The project involved a
Commercial Lease Agreement with the Developer (Rail Yard Partners, LTD), a Chapter 380
Agreement including revenue from the Tax Increment Reinvestment Zone One (Downtown TIRZ)
with the developer and a separate Agreement with the Dallas Entrepreneur Center (to be considered
by Council at a future date). The parties and roles were (1) Rail Yard Partners, LTD - the Landlord
and grant recipient of the Chapter 380 Agreement, (2) City of Denton — the tenant, and (3) Dallas
Entrepreneur Center (DEC) - 501(c)3 organization which would be the subtenant and /or Program
Manager. Rail Yard Partners, LTD. was renovating an existing 28,000 square foot building as a
part of a larger transit - oriented catalyst project. The City would lease 9,216 square feet for a
collaborative working space. The DEC, which had similar entrepreneur resource centers in
Addison and North Dallas, would offer memberships, technical assistance, mentorship and
program events to help foster local business growth in Denton.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
Closed Meeting:
A. ID 15 -615 Deliberations Regarding Certain Public Power Utilities: Competitive
Matters - Under Texas Government Code, Section 551.086.
Receive a briefing and information pertaining to certain competitive public power and
financial issues regarding Texas Municipal Power Agency ( "TMPA ") on matters
including, without limitation: present and future plant operations issues, plant and
system expenses, maintenance issues, performance issues, financial issues, reliability
issues, planning issues, and any related issues concerning the City's interest in, and
its business relationship with the Texas Municipal Power Agency; and discuss,
deliberate, and provide Staff with direction regarding such matters.
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September 1, 2015
Page 9
B. ID 15 -720 Consultation with Attorneys - Under Texas Government Code, Section
551.071; Deliberations regarding Real Property - Under Texas Government Code,
Section 551.072.
Discuss, deliberate and receive information from staff and provide staff with direction
pertaining to the potential sale of real property interests owned by the City of Denton
located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas
Storage Addition, both in Denton County, Texas, and located generally south of F.
M. Highway 426 (East McKinney Street) between Mayhill Road on the west and
South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition or condemnation of the real property
interests described above as well as issues related to Atmos Pipeline - Texas Lake
Dallas Natural Gas Storage Facility and its designation by Transportation Security
Administration TSA as critical energy infrastructure impacted by Ordinance No.
2015 -233 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. ( Atmos Lake Dallas Storage Facility).
C. ID 15 -785 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
regarding the potential acquisition of real property interests in the E. Puchalski
Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally
located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and
County of Denton, Texas). Consultation with the City's attorneys regarding legal
issues associated with the acquisition of the real property interests described above
where a public discussion of these legal matters would conflict with the duty of the
City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or potential
litigation. [Eagle Substation]
D. ID 15 -818 Consultation with Attorneys - Under Texas Government Code Section
551.071; Deliberations regarding Economic Development Negotiations - Under
Texas Government Code Section 551.087; and Deliberations regarding Real
Property - Under Texas Government Code Section 551.072.
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to legal and economic development issues related to Orison Holdings and
Rail Yard Partners, LTD. and economic development incentives and the acquisition
of real property interests in the H. 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
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September 1, 2015
Page 10
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. [ID 15 -819]
E. ID 15 -826 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, 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; 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 George P. Bush, Commissioner, Texas General Land Office
v. City of Denton Texas, Cause No. 15- 02058 -362 currently pending in the 362nd
District Court of Denton County and Texas Oil and Gas Association v. City of
Denton, Cause No. 14- 08933 -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 -149 Blood Cancer Awareness Month
Mayor Watts presented the proclamation for Blood Cancer Awareness Month.
B. ID 15 -719 Presentation by Phil Williams, DME General Manager, recognizing the
outstanding accomplishments of Denton Municipal Electric's Lineman Rodeo Team
at the 19th Annual Texas Lineman's Rodeo.
City of Denton City Council Minutes
September 1, 2015
Page 11
Phil Williams presented the accomplishments of the Denton Municipal Electric's Lineman Rodeo
Team at the 19th annual Texas Lineman's Rodeo.
C. ID 15 -741 LIVE UNITED Month
Mayor Watts presented the proclamation for Live United Month.
D. ID 15 -779 Denton Dolphins
Mayor Watts presented the proclamation for Denton Dolphins Day.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen
Reports from Members of the Public.
ID 15 -796 Sam O'Donnell regarding a petition for a skate park.
Mr. O'Donnell stated that he wanted to bring awareness that a new and improved skate park was
needed. He was appreciative of the current park but it was out of the way and becoming outdated.
He requested a concrete park in a more accessible area. He had about 500 supporters on line and
petition with 500 signatures from his store.
2. ID 15 -795 Roy Metzler representing the Monsignor King Outreach Center
regarding an update and request for funds.
Steve Murray stated their appreciation for the Council consideration for their needs and the needs
of the homeless in Denton.
3. ID 15 -815 Claudette Fette regarding the Coordinator position for the homeless
and associated homeless needs.
Dr. Fette stated that she was advocating support for those who were homeless and those who were
at risk of being homeless. In addition to the shelter that was going to be provided, she asked
Council to extend the use of the shelter during the daytime. She also supported the Homeless
Coalition's position for a Homeless Coordinator to coordinate the various resources throughout
the community.
C. Additional Citizen Reports
1. Timothy Swenson spoke in support of the Homeless Coalition and especially
those with handicaps.
2. Leigh Duncan -Timm echoed support the handicapped homeless and the mentally
ill who were handicapped. She had not been homeless herself but was very close at
times. It was important to focus on peer to peer experiences to help others. There
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September 1, 2015
Page 12
needed to be a range of support available and not just for immediate needs. She
asked the Council to consider support for the Coordinator for the Homeless to
coordinate services in Denton.
3. Dylan Voisard spoke in support of a skate park that was mentioned earlier.
Denton was an art community and felt that for his generation a skate park
collaborated that art feeling.
4 Liz Emerson spoke in favor of the Monsignor King Outreach Center request for
a shelter as it was very needed in Denton. There was a need for a day shelter
especially for the disabled. There also was not shelter for families. These two
functions would help with the wrap around services that were available.
4. CONSENT AGENDA
Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Roden
"aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs
"aye ", Mayor Pro Tem Gregory "aye ", Council Member Wazny "aye" and Mayor Watts "aye.
Motion carried unanimously.
Approved the noise exception request listed below.
A. ID 15 -618 Consider a request for an exception to the Noise Ordinance for the purpose
of the fifth annual Susan G. Komen North Texas Denton Race for the Cure at C.H.
Collins Athletic Complex and Long Road, on Saturday, September 26, 2015, from
6:00 a.m. to 11:00 a.m. Amplified sound is needed for public announcements regarding
race times and to play music during the event. The exception is specifically requested
to increase sound levels from 70 to 75 decibels. Staff recommends approval.
Approved the noise exception listed below.
B. ID 15 -708 Consider a request for an exception to the Noise Ordinance for the purpose
of the fundraiser, 2015 SunRay's Rodeo, Music and Arts Festival hosted by the
Raylyn's Heart Foundation, to be held at the North Texas Fairgrounds October 3,
2015, from 3:00 p.m. to 12 midnight. The exception is specifically requested to
increase sound levels from 70 to 75 decibels and for an extension of hours from 10
p.m. to midnight. Staff recommends approval.
Resolution No. R2015 -022
C. ID 15 -709 Consider approval of a resolution allowing the Black Chamber of
Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues
Festival on September 19 -20, 2015, upon certain conditions; authorizing the City
Manager or his designee to execute an agreement in conformity with this resolution;
and providing for an effective date. The Parks, Recreation and Beautification Board
recommend approval with a vote of 5 -0.
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September 1, 2015
Page 13
Resolution No. R2015 -023
D. ID 15 -743 Consider approval of a resolution adopting a revised City of Denton
Handbook for Boards, Commissions, and Council Committees; and declaring an
effective date.
Approved the tax refunds listed below.
E. ID 15 -749 Consider approval of tax refunds for waiver of penalty and interest for
Property Tax Accounts 651794DEN, 655073DEN, 650104DEN, 650792DEN,
655027DEN, 654998DEN, 651744DEN and 637181DEN.
Ordinance No. 2015 -253
F. ID 15 -765 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Buy Board
Cooperative Purchasing Network for the acquisition of a Skytrak Model 10042
Telehandler for the City of Denton Electric Substations division; and providing an
effective date (File 5917- awarded to Kirby -Smith Machinery, Inc. in the amount of
$125,600). The Public Utilities Board recommends approval (7 -0).
Ordinance No. 2015 -254
G. ID 15 -767 Consider adoption of an ordinance accepting competitive bids and
awarding a public works contract for the reconstruction of Lillian Miller Parkway
from the IH 35E frontage road to north of Teasley Lane; providing for the expenditure
of funds therefor; and providing an effective date (Bid 5869- awarded to the lowest
responsible bidder meeting specification, Jagoe- Public Company in the amount of
$1,577,075.25).
Ordinance No. 2015 -255
H. ID 15 -768 Consider adoption of an ordinance approving the expenditure of funds for
the purchase of a Phosphax Phosphorous Control System for Real Time Metering of
Phosphorous at the Pecan Creek Water Reclamation Plant including one (1) year
maintenance and a three (3) year agreement for the purchase of parts, which are
available from only one source and 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
5891- awarded to Hach Company in the three (3) year not -to- exceed amount of
$335,947). The Public Utilities Board recommends approval (4 -0).
Ordinance No. 2015 -256
L ID 15 -770 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for crane services for Denton Municipal Electric substation and
transmission line projects (RFP 5875- awarded to Luckett Crane Service, LTD in the
three (3) year not -to- exceed amount of $540,000). The Public Utilities Board
recommends approval (7 -0).
City of Denton City Council Minutes
September 1, 2015
Page 14
Ordinance No. 2015 -257
J. ID 15 -773 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designees to expend funds in an amount not to exceed
$142,500.00 for the renovation of residential property located at 1224 North Bonnie
Brae St., in the City of Denton, Texas. The purpose of the project is to provide a
decent, safe, and sanitary replacement residence for a legally disabled Denton citizen
who will be displaced due to an existing City infrastructure expansion as required by
law.
Ordinance No. 2015 -258
K. ID 15 -775 Consider adoption of an ordinance authorizing the City Manager to execute
an agreement or agreements by and between the City of Denton, Texas and the Texas
Municipal Power Agency (TMPA), that provides for terms and conditions under
which Denton Municipal Electric will be responsible for the operation and
maintenance of all TMPA transmission assets located within Denton County, Texas,
in substantial conformity with the attached exhibits; authorizing the expenditure of
funds therefor; and providing an effective date.
Ordinance No. 2015 -259
L. ID 15 -778 Consider adoption of an ordinance authorizing the City Manager, or his
designee, to execute on behalf of the City of Denton, a Fixed Base Operator Airport
Lease Agreement between the City of Denton, Texas and BAM Denton Management
Ventures, LLC; and, providing an effective date. The Council Airport Committee
recommends approval (3 -0).
Ordinance No. 2015 -260
M. ID 15 -782 Consider adoption of an ordinance of the City of Denton, Texas approving
the Meet and Confer Agreement between the City of Denton and the Denton Fire
Fighters Association, and providing an effective date.
Ordinance No. 2015 -261
N. ID 15 -783 Consider adoption of an ordinance of the City of Denton, Texas authorizing
contribution to the Denton Firemen's Relief and Retirement Fund by the City; and
establishing an effective date.
Ordinance No. 2015 -262
O. ID 15 -792 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the renovation of the City of Denton Civic Center
Pool, located at 515 North Bell Street; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5867- awarded to JC Commercial, Inc. in the
amount of $1,797,777).
Resolution NO. R2015 -024
P. ID 15 -820 Consider approval of a resolution of the City of Denton, Texas approving
the renaming of the Patterson - Appleton Center for the Visual Arts to the Patterson -
Appleton Arts Center; and declaring an effective date.
City of Denton City Council Minutes
September 1, 2015
Page 15
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 15 -787 Consider nominations /appointments to the City's Boards and
Commissions: Health & Building Standards Commission; Human Services Advisory
Committee; Parks, Recreation and Beautification Board; and Zoning Board of
Adjustment.
Willie Hudspeth, 623 Newton, Denton, 76205, stated that the positions were nominated by Council
but he could not understand how those individuals were selected. He did not feel this was good
fair government. A previous nomination to the Animal Shelter Advisory Board was not approved
and he questioned that process.
Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to approve the
nominations as presented. On roll call vote, Council Member Roden "aye ", Council Member
Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem
Gregory "aye ", Council Member Wazny "aye" and Mayor Watts "aye ",. Motion carried
unanimously.
B. ID 15 -819 Consider adoption of an ordinance of the City of Denton, Texas approving
an Economic Development Agreement for an incentive grant between the City of
Denton, the Board of Directors of the Tax Increment Reinvestment Zone Number
One, City of Denton, Texas, and Rail Yard Partners, LTD; and a Commercial Lease
Agreement between the City of Denton and Rail Yard Partners, LTD. involving
development at the property located at 608 East Hickory Street, Denton, Texas, 76201
and for which the Tax Increment Reinvestment Zone Number One Board
recommends approval; providing authority for the City Manager to execute the
agreements subject to final language approval by the City Attorney; and providing an
effective date.
A Speaker Card was submitted by Willie Hudspeth who felt there needed to be someone in the
process who saw a different prospective and that person needed to discuss the ordinance in terms
such as code enforcement.
Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to postpone consideration
to the September 15, 2015 Council meeting. On roll call vote, Council Member Roden "aye ",
Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye"
Mayor Pro Tem Gregory "aye ", Council Member Wazny "aye" and Mayor Watts "aye ",. Motion
carried unanimously.
6. PUBLIC HEARINGS
Ordinance No, 2015 -265
A. Z15-0021 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing an amendment to a Detailed Plan for a single family
development within a Planned Development 12 (PD -12) district zone on
approximately 1.37 acres of property, generally located on the north side of Winston
City of Denton City Council Minutes
September 1, 2015
Page 16
Drive, approximately 139 feet northeast of the corner of Waterford Way and Winston
Drive in the City of Denton, Denton County, Texas, providing for a penalty in the
maximum amount of $2,000.00 for violations thereof; providing a severability clause
and an effective date. The Planning and Zoning Commission recommends approval
(7 -0).
The Mayor opened the public hearing
Aimee Bissett, Director of Development Services, stated this was an amendment to a detailed plan
to incorporate approximately 1.39 acres into the detailed plan. This was the companion piece with
the boundary adjustment with the city of Corinth. She reviewed the future land use map, zoning
map, considerations included in the boundary adjustment agreement, concept plan for cluster
housing, the detailed plan and the Denton Plan 2030. The Planning and Zoning Commission
recommended approval as well as staff.
There were no speakers during the public hearing.
The Mayor closed the public hearing.
Council Member Briggs motioned, Council Member Wazny seconded to adopt the ordinance. On
roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member
Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", Council Member
Wazny "aye" and Mayor Watts "aye ". Motion carried unanimously.
Resolution No. R2015 -025
B. ID 15 -776 Hold a public hearing and consider approval of a resolution for the
proposed transmission route for construction, expansion, and use of electric power
transmission lines, beginning at the Bonnie Brae Substation of Denton Municipal
Electric and traversing along lines beginning from east of Bonnie Brae St., west of
North Locust St., and terminating just south of Loop 288 at the North Lakes
Substation, in the City of Denton, Denton County, Texas.
The Mayor opened the public hearing
Brent Heath, Executive Manager of Energy Delivery, presented the details of the proposal which
was the Bonnie Brae North Lakes Transmission Line. He discussed the system map, constraints
map and the location map. Route options were presented along with information on previous public
involvement actions. He reviewed public comments from the public involvement meeting. The
staff recommendation was to move forward with rebuilding the line long the blue route.
The following individuals spoke during the public hearing:
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207, indicated that she was speaking for
four individuals. She presented information concerning the easement for the line.
Council Member Wazny suggested the Council may want to consider postponement in order to
look at the easement issue.
City of Denton City Council Minutes
September 1, 2015
Page 17
Willie Hudspeth, 623 Newton, Denton, 77205, spoke in opposition to the green route.
Phil Baker, PO Box 336, Denton 76202, spoke for the property owner regarding the
placement of the line.
The Mayor closed the public hearing.
Council Member Wazny suggested postponing consideration in order to perform an engineering
study on the 15 foot of line for the easement.
Council Member Roden stated that the pole would be a regulation pole 60 -75 feet from the street.
Heath stated that there would be a 60 foot easement placed in the center of the easement 30 feet
on center.
Council discussed the location of the new poles and the associated easement.
Council Member Johnson motioned, Council Member Roden seconded to approve the resolution.
On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member
Hawkins "aye ", Mayor Pro Tem Gregory "aye ", Mayor Watts "aye, Council Member Briggs "nay"
and Council Member Wazny "nay ". Motion with a 5 -2 vote.
C. ID 15 -694 Hold a public hearing and receive citizen input on the FY 2015 -16 Proposed
Budget.
The Mayor opened the public hearing.
Chuck Springer, Director of Finance, stated that this public hearing was a requirement of the City
Charter and State law. He presented the overall details of the budget.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required on this item.
D. ID 15 -695 Hold a second public hearing on a proposal to adopt a tax rate of $0.696380
per $100 valuation, which will exceed the lower of the effective or rollback tax rate.
Chuck Springer, Director of Finance, stated this was the second required public hearing according
to State law. He reviewed the published tax rate which would be formally approved on September
15th.
The Mayor opened the public hearing
No one spoke during the public hearing
City of Denton City Council Minutes
September 1, 2015
Page 18
The Mayor closed the public hearing.
No action was required on this item.
7. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen
Reports from Members of the Public.
ID 15 -790 Willie Hudspeth regarding City Hall.
Mr. Hudspeth complained about having to stay until the end of the meeting to speak to the Council.
He did not feel it was for the benefit of the citizens. He commented on a meeting he had with
Council Member Gregory and the City Manager regarding his property. The meeting resulted in
in a compromise in what he was doing on his property.
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 Gregory requested a report on the current skate park, possible cost for a new park,
possible location on current city property and either a joined or separate facility for bikes.
Mayor Pro Tem Gregory requested a Work Session discussion on a temporary committee to
consider options for an Exposition Street event space for a community market and other potential
users.
Council Member Roden requested a discussion on the issue holding a Certificate of
Appropriateness due to use of hardy board. Look at the process for code changes as it moved
through the Historic Landmark Commission, through Planning and Zoning Commission and on to
Council.
City of Denton City Council Minutes
September 1, 2015
Page 19
Council Member Briggs requested research and consideration of a Youth Advisory Board to the
Council's boards and commissions.
Mayor Watts requested information on whether there were any ordinances regarding drones in the
City.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 8:41 pm.
....... . .......
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
JE lFER A1,TE .S
Cl . SECI i "TARY
CITY OF DENTON, TEXAS