September 15, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES
September 15, 2015
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 15, 2015 at 2:00 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 on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for September 15, 2015.
City Manager Campbell stated that Consent Agenda Item W and Individual Item for Eminent
Domain 6A were being pulled and would be put on a future agenda.
Mayor Watts stated that he would like to pull Consent Agenda Item A for individual consideration.
He questioned if Consent Agenda Item X was a three year agreement. He would like to also pull
that item for individual consideration to discuss if there might be a cost savings if the physical
assessment were done in- house.
Council Member Hawkins questioned Consent Agenda Item V as to whether there was a difference
to authorize the City Manager to purchase the equipment when going through a budget
supplemental package for an additional piece of equipment. He questioned if the City Manager
could back later in the year to purchase the equipment.
Chuck Springer, Director of Finance, stated that much of the equipment was replacement
equipment. Utilities put funds away for replacement vehicles. Item V was a replacement of
equipment for drainage for street sweeping
Council Member Hawkins asked if Item V was already in budge from last year.
Springer replied correct.
Council Member Briggs asked if the urban forester was going to use a revised tree canopy estimate
for Consent Agenda Item S.
Melissa Kraft, Chief Technology Officer, stated that was not included in the scope but could be
included if requested. A determination for the cost would have to be made
Mayor Pro Tem Gregory stated that in terms of Consent Agenda Items R and S, there already were
contracts for UNT for GIS work. He questioned if this was in addition or to replace those contracts.
Kraft stated that it was part of paying for a regional effort.
City of Denton City Council Minutes
September 15, 2015
Page 2
Emerson Vorel, Director of Parks and Recreation, presented information on Consent Agenda Item
A. He stated that this was a difficult piece of property to maintain. The structures were 100%
concrete structures and came in sections to put together. He presented information on the structures
and the amenities that would be included in the restrooms. He also presented the reasons for
purchasing a prefabricated restroom.
Council Member Johnson asked if any local contractors bid the project.
Vorel stated that one bid had been received from a local contractor for a masonry structure.
Mayor Watts stated that he had asked for this item to be discussed as he felt the cost was very
expensive. His point was that he was not sure a local bid was the same comparison. He would like
more information on alternative construction that Parks would be in favor of.
Council Member Wazny suggested pulling the item from consideration and getting more
information on alternative bids or designs. The positives were the durability and longevity of the
proposed structure plus she liked the modular style.
Council discussed the design of the structure, the durability, whether to spend the funds now and
not have to worry about it for many years, and whether to obtain local bids on alternative
construction recommendations.
Council Member Roden suggested pulling the item for Individual Consideration and see how the
vote would go.
Council Member Johnson suggested delaying consideration for 60 days to meet with local
contractors and get preliminary bids.
After discussion, the consensus of the Council was to pull the item from consideration on this
agenda.
Mayor Watts question if there would be additional costs to get same quality of service through the
health clinic for Consent Agenda Item X.
Robin Paulsgrove, Fire Chief, stated a misunderstanding was with the lay language for a medical
physical. These physicals included the hazardous materials team and exposure based on federal
law and meet and confer. They included a medical physical plus a comprehensive physical such
as cardio stress testing, eyes, blood, etc. The contracted company came on site which reduced the
out of service time for the employees. The department had just piloted a blood draw with Risk
Management. The clinic was staffed for regular processing scheduling time as opposed to rapid
turnaround of personnel at one time. The company brought all the equipment on site.
Mayor Pro Tem Gregory asked why only the Fire Department was included in this type of
examination and did not include the Police Department.
Jon Fortune, Assistant City Manager, stated that there were different requirements targeted for the
Fire Department. The Police Department had a fit for duty component. The City Health Clinic
was used for blood draws but there were different goals for different departments.
City of Denton City Council Minutes
September 15, 2015
Page 3
Council Member Roden asked about Consent Agenda Item JJ which was the Chamber of
Commerce contract. There was a reference in the contract that the Chamber solicited an amount
of money but the ordinance was unclear whether that amount was required or a matching
contribution agreement.
Aimee Bissett, Director of Development Services, stated that when the original agreement was set
up there was a partnership intended to be match with private /public dollars. When the contract was
approved, a check was cut to the Chamber and they provided quarterly reports on how they were
spending the money.
3. Work Session Reports
Item C was considered.
C. SI15 -0020 Receive a report, hold a discussion, and give staff direction regarding the
implementation of a Wayfinding Signage Project.
Ron Menguita, Long Range Planning Administrator, presented information on the project history,
scope of work noting the Downtown TIP recommendations, draft themes that included the Denton
County Courthouse, transit station and city flag. A modified theme was put forward after
discussion with various boards and commission plus citizen input. The scope of work included
design development which included all sign types, engineering evaluation, technical documents
design, and construction oversight.
Glen Swantak, Derje Design, presented information on Signage, home technology, place
technology, and environment/spacing. He reviewed project goals for wayfinding as well as project
principals for wayfinding.
Project Recommendations were reviewed. Primary arrival routes, pedestrian walkways, materials
and colors, gateway locations, and examples of different types of recommended signs were
reviewed.
Council Member Roden felt that Denton might need to go through a new branding and perhaps a
new logo. If Denton was ready for a new logo /branding, he felt that should be done first before
doing the signs.
Council Member Johnson felt that would be a huge undertaking, not just for Signage but for
everything. His scope of work would be to look at what the logo /identity was but he did not want
to put it on every sign as they might change over the years.
Mayor Watts agreed with the exploration of the rebranding; either a total rebranding or a refreshing
of the City logo.
Menguita stated they could find something neutral that would not change with new branding.
City of Denton City Council Minutes
September 15, 2015
Page 4
Council Member Hawkins suggested doing the public parking first and then the rest of the
downtown area.
Council Member Johnson asked about the timeline for manufacturing the signs.
Swantak stated that the process would go through design development, programming, developing
the bid documents, going out to bid and then fabrication. That would take approximately 4 -6
months. It could be spring before getting them up.
Council Member Johnson stated that he was ok with refreshing of the brand but did not want to
hold up the project.
Council discussed the type of sign fonts, logo designs, placement of logos on signs, and the back -
in parking on Hickory Street signs to coordinate with all the other signs.
Menguita stated that the recommendation from Council was to proceed with the project as
presented, prepare and coordinate final message schedule and sign location plans. Also prepare
final bid documents.
Mayor Pro Tem Gregory felt that downtown signs showed where the downtown was and that there
should be different signs in different areas of the city.
A. ID 15 -650 Receive a report, hold a discussion, and give staff direction regarding the 2015-
16 Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast.
Chuck Springer, Director of Finance, presented information on the monthly rate impact on the
average residential customer. The change amounted to a $5.17 increase over last year.
Council Member Johnson asked about commercial customer changes.
Phil Williams, General Manager -DME, stated that for all commercial customers, they did a cost
of service study. For electric the increase would be 2 -5% depending on the class of customer
service.
Howard Martin, Assistant City Manager, stated that the commercial water rate went down and
there was a slight increase for wastewater.
Mayor Watts indicated that Consent Agenda Items EE, FF, and GG would be pulled for individual
consideration.
Springer reviewed the four items listed on the agenda for the budget. Specific language was
required by State law for the motion to approve the tax rate.
B. ID 15 -821 Receive a report, hold a discussion, and give staff direction regarding the Denton
County Veterans Coalition's request to cosponsor the Stand Down event to be held in the
Civic Center and Quakertown Park located at 321 E. McKinney Street October 22, 2015; and
providing an effective date.
City of Denton City Council Minutes
September 15, 2015
Page 5
Emerson Vorel, Director of Parks and Recreation, stated that the Denton County Veterans
Coalition was going to hold an event at the Civic Center and was asking for relief of fees for using
Quakertown Park and Civic Center. This was an outreach event to homeless and low income vets
for services they normally did not receive.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 15 -831 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests located in the Daniel
Lambert Survey, Abstract Number 784, located generally at the northeast corner of
Mayhill Road and Colorado Boulevard, City of Denton, Denton County, Texas.
Consultation with the City's attorneys regarding legal issues associated with the
acquisition or condemnation of the real property interests referenced above where a
public discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or potential
litigation. (Mayhill Road Widening and Improvements project - Parcel M231 -Ray
Hallford, Trustee) [ID 15 -833]
This item was not considered.
B. ID 15 -834 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests generally located at
the Southeast corner of E. McKinney Street and S. Mayhill Road, the affected tract
located in the Morreau Forrest Survey, Abstract No. 417, City of Denton, Denton
County, Texas. Consultation with the City's attorneys regarding legal issues
associated with the acquisition or condemnation of the real property interests
referenced above where a public discussion of these legal matters would conflict with
the duty of the City's attorneys to the City of Denton and the Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas,
or would jeopardize the City's legal position in any administrative proceeding or
potential litigation. (Mayhill Road Widening and Improvements project - Parcel
M088 -BCI Real Estate Ventures, LP) [ID 15 -835]
City of Denton City Council Minutes
September 15, 2015
Page 6
C. ID 15 -865 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests located in the S.
McCracken Survey, Abstract Number 817, located generally in the 2200 block of East
Sherman Street, City of Denton, Denton County, Texas. Consultation with the City's
attorneys regarding legal issues associated with the acquisition or condemnation of
the real property interests referenced above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of Denton and
the Denton City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceeding or potential litigation. (Williams Rentals LLC - Denton
Fire Station No. 4 Rebuild) [ID 15 -866]
D. ID 15 -878 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 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 from Rail Yard
Partners, LTD. 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 -879]
E. ID 15 -654 Certain Public Power Utilities: Competitive Matters - -- Under Texas
Government Code, Section 551.086.
Receive competitive public power competitive information and financial information
from staff regarding the proposed FY 2015 -2016 operating budget for Denton
Municipal Electric ( "DME ") including without limitation, proposed rates for DME
for FY 2015 -2016, expected revenues, expenses, commodity volumes, and financial
commitments of DME; discuss, deliberate and provide staff with direction.
F. ID 15 -857 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
City of Denton City Council Minutes
September 15, 2015
Page 7
Receive a presentation from Denton Municipal Electric staff ( "DME ") regarding public
power competitive and financial matters pertaining to plans, strategies, opportunities, and
developments for generation improvements to the DME system; discuss and deliberate
strategies regarding same; discuss and deliberate opportunities and strategies for the City to
acquire purchased power and enter into agreements regarding the same, in order to meet its
future energy needs. Discuss, deliberate and provide Staff with direction.
G. ID 15 -858 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 in the amount of $395,652, is in
addition to the original contract in the amount of $264,648, not to exceed an
aggregated contract total of $660,300. 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, consider approval and take final action on said
Agreement.
Gregory motioned, Roden seconded to adopt Ordinance 2015 -264. On roll call vote, Council
Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Mayor
Pro Tem Gregory "aye ", Council Member Wazny "aye ", and Mayor Watts "aye ". Council Member
Briggs abstained from voting due to a lack of information. Motion carried with a 6 -0 -1 vote.
H. ID 15 -859 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 in the amount of $470,000, is in addition to the original contract in the
amount of $450,000, not to exceed an aggregated contract total of $920,000.
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
City of Denton City Council Minutes
September 15, 2015
Page 8
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, consider
approval and take final action on said Agreement.
Gregory motioned, Roden seconded to adopt Ordinance 2015 -264. On roll call vote, Council
Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Mayor
Pro Tem Gregory "aye ", Council Member Wazny "aye ", and Mayor Watts "aye ". Council Member
Briggs abstained from voting due to a lack of information. Motion carried with a 6 -0 -1 vote.
L ID 15 -862 Consultation with Attorneys - Under Texas Government Code Section
551.071.
Consult with and provide direction to City's attorney's regarding legal issues and
legal strategies associated with the City's pole attachments, pole attachment fees and
outstanding pole attachment fees owed; a public discussion of these legal issues and
legal strategies would conflict with the duty of the City's attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
This item was not considered.
J. ID 15 -863 Consultation with Attorneys - Under Texas Government Code Section
551.071; Deliberations regarding Real Property - Under Texas Government Code
Section 551.072.
Consult with and provide direction to City's attorneys regarding legal issues and legal
strategies associated with access, occupation and /or use of the City's right of way for
fiber, fiber conduit, and /or pole attachments by Zayo Group, LLC; a public discussion
of these legal issues and legal strategies would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
This item was not considered.
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 -576 Denton Hispanic Heritage Month
City of Denton City Council Minutes
September 15, 2015
Page 9
Mayor Watts presented the proclamation for Denton Hispanic Heritage Month. The Proyecto Diez
organization presented a gift to the City of Denton as a measure of appreciation for the City's
hospitality and friendship.
B. ID 15 -771 Constitution Week
Mayor Watts presented the proclamation for Constitution Week.
C. ID 15 -855 DFW Solar Tour Day
Mayor Watts presented the proclamation for DFW Solar Tour 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.
1. ID 15 -791 Monica Jones regarding an issue with Animal Services and an issue with
Community Improvement Services.
Ms. Jones was not present at the meeting.
2. ID 15 -816 Bob Clifton regarding public servants.
Mr. Clifton was not present at the meeting.
3. ID 15 -898 Don Merki regarding Uber, electric vehicle charging stations, and electric vehicles
for the City.
Mr. Merki stated that the electric vehicle charging stations were a Level 2 charger which was not
very effective for someone on the go but would work for charging a vehicle overnight. Level 3
was the most effective charger for electric vehicles. There was not a Level 3 located in the city of
Denton and he suggested there be at least one be located in Denton. He suggested that the City
look into obtaining more electric vehicles as they were very efficient. In regards to Uber, they were
not following the regulations by the city of Denton. He did not feel it was a good service for
Denton and if the rules were not applied to them, then the rules should not be applied to anyone.
C. Additional Citizen Reports
1. Brad Isaacs spoke in support of a new skate park in Denton.
2. Jim Duncan noted that this week was Drive Electric Week with sponsored events
throughout the area.
Mayor Watts stated that speakers scheduled at the end of the meeting would be moved so they
could speak at this time.
City of Denton City Council Minutes
September 15, 2015
Page 10
2. ID 15 -906 Patrick Kelley regarding a new skate park.
Patrick Kelly presented the benefits of public skate parks and encouraged the Council to consider
a new skate park in Denton.
4. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2015 -266
A. ID 15 -727 Consider adoption of an ordinance of the City of Denton, Texas, levying
the ad valorem property tax of the City of Denton, Texas, for the year 2015, on all
taxable property within the corporate limits of the city on January 1, 2015, and
adopting a tax rate of $0.689750 per $100 of valuation for 2015; providing revenues
for payment of current municipal maintenance and operation expenses and for
payment of interest and principal on outstanding City of Denton debt; providing for
limited exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
Chuck Springer, Director of Finance, stated that this was one of four items to adopt the city budget
for the next fiscal year. He presented the tax rate for passage and noted that specific language had
to be used for the motion for the tax rate.
Council Member Roden motioned, "I move that the property tax rate be increased by the
adoption of a tax rate of $0.68975, which is effectively a 5.10 percent increase in the tax
rate ". Council Member Briggs seconded the motion. 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.
Ordinance No. 2015 -267
B. ID 15 -728 Consider adoption of an ordinance of the City of Denton, Texas, approving
the 2015 tax rolls; and providing an effective date.
Chuck Springer, Director of Finance, stated that this ordinance was a formality required for the
City to levy taxes for the next fiscal year.
Mayor Pro Tem Gregory motioned, Council Member Roden 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.
Ordinance No. 2015 -268
C. ID 15 -729 Consider adoption of an ordinance of the City of Denton, Texas, adopting
the Fiscal Year 2015 -2016 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on
October 1, 2015, and ending on September 30, 2016; and declaring an effective date.
City of Denton City Council Minutes
September 15, 2015
Page 11
Chuck Springer, Director of Finance, stated that this item was the adoption of the city budget and
all associated operating budgets.
David Zoltner, 2501 Timber Trail, Denton, thanked council members for their support on several
items. He asked Council to reconsider the 3% increase proposed in the budget for staff members.
He suggested that next year staff salaries be tied to the rate of inflation.
Council Member Wazny commented on employee salary increases.
Council Member Briggs commented on the positives of the budget but noted that there were also
negatives. She felt she did not have enough time to review the budget.
Mayor Watts noted that there had been several comprehensive discussions on the budget in the
past weeks.
Council Member Johnson commented on merit performance standards and benefits to employees.
Mayor Watts questioned if the meet and confer had a different salary structure in terms of limiting
the amount as the same as other city employees or was that a discretionary amount.
Jon Fortune, Assistant City Manager, stated that the meet and confer standards compared 12
comparable cities with an average structure 5% above that average. There was also a provision for
the City Manager to recommend a different increase as long as it was comparative to non -civil
service. That information was presented to Council in August.
Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance. On
roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts "aye ",
Council Member Hawkins "aye ", Mayor Pro Tem Gregory "aye ", Council Member Briggs "nay"
and Council Member Wazny "nay ". Motion carried with a 5 -2 vote.
Ordinance No. 2015 -269
D. ID 15 -730 Consider adoption of an ordinance of the City of Denton, Texas, ratifying
the adoption of the Fiscal Year 2015 -16 Annual Program of Services (Budget) and
the Capital Improvement Program of the City of Denton, Texas, for the fiscal year
beginning October 1, 2015, and ending on September 30, 2016 when the Budget will
raise more revenue from property taxes than last year's budget; and providing an
effective date.
Chuck Springer, Director of Finance, stated that this was another item required by the State to
meet a formal ratification requirement of the budget.
Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance.
On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts
"aye ", Council Member Hawkins "aye ", Mayor Pro Tem Gregory "aye ", Council Member Wazny
"aye ", and Council Member Briggs "nay ". Motion carried with a 6 -1 vote.
City of Denton City Council Minutes
September 15, 2015
Page 12
5. CONSENT AGENDA
Mayor Watts stated that Council Member Briggs had asked for a discussion on Consent Agenda
Items DD, EE and FF prior to the adoption of the Consent Agenda.
Chuck Springer, Director of Finance, presented the monthly rate impact for the average residential
customer for water, electric, wastewater and solid waste. The total proposed increase was $5.17.
He also reviewed the rates for commercial users.
Mayor Watts noted that Item A and W had been pulled from consideration.
Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the Consent
Agenda with the exception of Items A and W. On roll call vote, Council Member Roden "aye"
Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council
Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion
carried unanimously.
This item was not considered.
A. ID 15 -598 Consider adoption of an ordinance authorizing the City Manager or his
designee to execute a purchase order through National Joint Powers Alliance (NJPA)
Contract# 022113 -CXT for the purchase of prefabricated concrete restroom buildings
to be located at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts
Field, and the restroom concession at Mack Park; and providing an effective date.
(File 5880- awarded to CXT, Inc. in the not -to- exceed amount of $757,073).
Ordinance No. 2015 -270
B. ID 15 -705 Consider adoption of an ordinance approving the expenditure of funds for
the purchase of a Verderflex Peristaltic Hose Pump System to be used for the
application of ferric chloride for the Pecan Creek Water Reclamation Plant
Phosphorous Removal Project which is 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 5908- awarded to Verder, Inc. in the
not -to- exceed amount of $196,207). The Public Utilities Board recommends approval
(4 -0).
Ordinance No. 2015 -271
C. ID 15 -731 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas, amending the City's Fund Balance Policy; and providing an effective
date. The Public Utilities Board recommends approval (4 -0).
Ordinance No. 2015 -272
D. ID 15 -732 Consider adoption of an ordinance of the City of Denton, Texas amending
the Fiscal Year 2014 -2015 Budget and Annual Program of Services of the City of
Denton to allow for adjustments to the General Fund of seven hundred sixty -five
thousand five hundred sixteen dollars ($765,516) for the purpose of purchasing an
ambulance for Fire Station 7 and other equipment for various City departments;
City of Denton City Council Minutes
September 15, 2015
Page 13
declaring a municipal purpose; providing a severability clause; an open meetings
clause; and an effective date.
Ordinance No. 2015 -273
E. ID 15 -769 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the implementation of a Mobile Workforce Management
Software Solution for Denton Municipal Electric (RFP 5821- awarded to Clevest
Solutions, Inc. in the not -to- exceed amount of $366,000). The Public Utilities Board
recommends approval (4 -0).
Ordinance No. 2015 -274
F. ID 15 -786 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a funding agreement between the City and
Fred Moore Day Nursery School to provide Community Development Block Grant
funds for improvements to the facility at 821 Cross Timber Street, Denton, Texas;
authorizing the expenditure of funds therefore, not to exceed $108,927; and providing
for an effective date.
Ordinance No. 2015 -275
G. ID 15 -788 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas, approving guidelines for operation of the City of Denton Home
Improvement Program and eligibility criteria; authorizing expenditures in excess of
$50,000 for projects meeting program guidelines and criteria; and providing for an
effective date.
Resolution No. R2015 -026
H. ID 15 -794 Consider approval of a resolution of the City of Denton, Texas approving
a revised City employee benefits and services policy regarding Tuition
Reimbursement; and declaring an effective date.
Ordinance No. 2015 -276
L ID 15 -822 Consider adoption of an ordinance approving a city sponsorship in an
amount not to exceed $3,500.00 of in -kind services and resources for the Denton
County Veterans Coalition's Stand Down event to be held in the Civic Center located
at 321 E. McKinney Street October 22, 2015; and providing an effective date.
Resolution No. R2015 -027
J. ID 15 -828 Consider approval of a resolution of the City of Denton, Texas approving
a revised City standards of conducts policy for employees regarding Use of Tobacco
Products and Electronic Cigarettes; and declaring an effective date.
Ordinance No. 2015 -277
K. ID 15 -829 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the supply of Voluntary Dental and Vision Benefits for the
City of Denton (RFP 5853- Dental Benefits awarded to Aetna Life Insurance
Company in the three (3) year estimated amount of $3,182,450 with a 9% rate cap for
City of Denton City Council Minutes
September 15, 2015
Page 14
Year 3 and Vision Benefits awarded to Davis Vision, Inc. in the three (3) year
estimated amount of $334,100). The actual cost will be determined by the number of
employees and retirees electing coverage and the level of coverage selected. This is a
pass through cost that is paid by the employee.
Ordinance No. 2015 -278
L. ID 15 -830 Consider adoption of an ordinance approving a sixth amended agreement
- Greater Denton Arts Council, to the agreement originally entered into by and
between the City of Denton, Texas and the Greater Denton Arts Council, dated
October 15, 1990; authorizing the City Manager to execute the sixth amended
agreement - Greater Denton Arts Council; approving the expenditure of funds
therefor; and providing for an effective date.
Ordinance No.2015 -279
M. ID 15 -832 Consider adoption of an ordinance approving an agreement - Denton
Community Theatre by and between the City of Denton, Texas and the Denton
Community Theatre, a Texas non - profit corporation; authorizing the City Manager to
execute the agreement - Denton Community Theatre; approving the expenditure of
funds therefor; and providing for an effective date.
Ordinance No. 2015 -280
N. ID 15 -837 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas authorizing the City Manager to execute a sewer main cost
participation agreement between the City of Denton, Texas and the Carnegie Holding
Company, LLC., D /B /A CHC Development, LLC. for the City's participation in the
oversizing of sewer mains; and in accordance with the terms and conditions of this
ordinance; authorizing the expenditure of funds therefor; and providing an effective
date (not to exceed $33,304)
Ordinance No. 2015 -281
O. ID 15 -838 Consider adoption of an ordinance regarding the Denton Public Library
amending section 2 -158 of the City of Denton, Texas, Code of Ordinances; to remove
outdated formats and provide uniform check out length of time to all circulating
materials; repealing all ordinances in conflict therewith; providing a severability
clause; providing for a penalty clause; and providing for an effective date.
Ordinance No. 2015 -282
P. ID 15 -839 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the supply of Basic and Supplemental Life
Insurance /Accidental Death and Dismemberment, Voluntary Short Term Disability,
and Group Long Term Disability Insurance for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5852 -Basic Life
Insurance /Accidental Death and Dismemberment awarded to Dearborn National Life
Insurance Company in the three (3) year estimated amount of $1,036,000 ($136,000
City cost and $900,000 employee optional insurance cost) and Long Term Disability
awarded to Dearborn National Life Insurance Company in the three (3) year estimated
City of Denton City Council Minutes
September 15, 2015
Page 15
amount of $856,555 ($306,555 City cost and $550,000 employee optional disability
insurance cost). The actual cost will be determined by the number of employees
electing coverage as well as the employee's age and salary. The coverage for
Supplemental Life Insurance and Short Term Disability Insurance is voluntary and is
determined by the actual voluntary employee participation. This is a pass through cost
that is paid by the employee.
Resolution No. R2015 -028
Q. ID 15 -842 Consider approval of a resolution approving the City of Denton's Strategic
Plan, Key Performance Indicators, and Key Action Steps for FY 2015 -16; and
providing for an effective date.
Ordinance No. 2015 -283
R. ID 15 -843 Consider adoption of an ordinance authorizing the City Manager to execute
an Interlocal Agreement with the North Central Texas Council of Governments
( NCTCOG) under Section 791.001 of the State of Texas Government Code, to
authorize the City of Denton to participate in the NCTCOG Geographic Information
Systems Planimetric Mapping Update and Contour Data; authorizing the expenditure
of funds therefor; and providing an effective date (File 5590- Interlocal Agreement
with the North Central Texas Council of Governments in the not -to- exceed amount
of $86,091.50).
Ordinance No. 2015 -284
S. ID 15 -844 Consider adoption of an ordinance authorizing the City Manager to execute
an Interlocal Agreement with the North Central Texas Council of Governments
( NCTCOG) under Section 791.001 of the Texas Government Code, to authorize the
City of Denton to obtain Digital Orthophotography data and LiDAR and contour data
from the NCTCOG Geographic Information System; authorizing the expenditure of
funds therefor; and providing an effective date (File 5930- Interlocal Agreement with
the North Central Texas Council of Governments in the not -to- exceed amount of
$57,856.50).
Ordinance No. 2015 -285
T. ID 15 -845 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing and approving a thirty -six month lease agreement with Ricoh -USA,
Inc. for production printing equipment for the City of Denton Reprographics division
as approved by the State of Texas Department of Information Resources (DIR)
Contract Number DIR -TSO- 3041); providing for the expenditure of funds therefor;
and providing an effective date (File 5926 -Lease of Production Printing Equipment
awarded to Ricoh USA, Inc. in the annual lease amount of $85,758.36 for a thirty -six
month total of $257,275.08).
Ordinance No. 2015 -286
U. ID 15 -846 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 one (1) Tymco Model 600
City of Denton City Council Minutes
September 15, 2015
Page 16
Street Sweeper for the City of Denton Drainage Department; and providing an
effective date (File 5929- awarded to Tymco, Inc. in the amount of $201,523.50).
Ordinance No. 2015 -287
V. ID 15 -847 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 one (1) Sewer Camera Trailer
for the City of Denton Wastewater Collections Department; and providing an
effective date (File 5935- awarded to R.S. Technical Services, Inc. in the amount of
$133,400).
This item was not considered.
W. ID 15 -848 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a purchase order through The Interlocal
Purchasing System (TIPS) Cooperative Purchasing Program Contract 402042315 for
the partial replacement of the roof at the City of Denton Civic Center by way of an
Interlocal Agreement with the City of Denton; and providing an effective date (File
5923- awarded to CBS Mechanical, Inc. in the amount of $153,308).
Ordinance No. 2015 -288
X. ID 15 -849 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas, authorizing the City Manager to execute a Professional Services
Agreement for physical assessment services for the City of Denton Fire Department;
providing for the expenditure of funds therefor; and providing an effective date (File
5292- awarded to Huguley Assessment Center in the three (3) year not -to- exceed
amount of $347,040).
Ordinance No.2015 -289
Y. ID 15 -851 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving three (3) year service subscription for the CodeRED
Emergency Notification System and CodeRED Weather Warning Service, 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 3964- awarded to
Emergency Communications Network, Inc. for a three (3) year not -to- exceed amount
of $134,000).
Ordinance No. 2015 -290
Z. ID 15 -854 Consider adoption of an ordinance of the City of Denton, Texas, granting
Oaktopia, pursuant to Section 17 -20 of the Code of Ordinances of the City of Denton,
Texas, an exception to the limitations imposed by that section with respect to hours
of operation of an amplified loudspeaker system; and setting an effective date.
Resolution No. R2015 -029
AA. ID 15 -856 Consider approval of a resolution allowing DI2- dentonl, LLC, DBA Lone
Star Attitude Burgers and Oak Street Draft House LLC, to be allowed to sell alcoholic
City of Denton City Council Minutes
September 15, 2015
Page 17
beverages at Oaktopia, September 25 - 27, 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.
Ordinance No. 2015 -291
BB. ID 15 -866 Consider adoption of an ordinance authorizing the City Manager or his
designee to execute a Purchase Agreement, by and between the City of Denton, Texas,
( "City "), as buyer and WILLIAMS RENTALS, LLC, (the "Owner "), as seller, to
acquire fee simple to (1.) a 0.529 acre tract and (2.) a 0.480 acre tract, both tracts
located in the S. McCracken Survey, Abstract Number 817, in the City of Denton,
Denton County, Texas; (the "Property Interests ") for the purchase price of Two
Hundred Ninety Nine Thousand Five Hundred Dollars and No Cents ($299,500.00),
and other consideration, as prescribed in the Purchase Agreement (the "Agreement "),
as attached to the ordinance and made a part thereof as Exhibit "A ", (I) authorizing the
expenditure of funds therefor; (ii) providing a savings clause; and (III) providing an
effective date. (Fire Station No. 4 Rebuild Project)
Resolution No. R2015 -030
CC. ID 15 -867 Consider approval of a resolution by the City Council of the City of
Denton, Texas consenting to the withdrawal of the North Texas Higher Education
Authority (NTHEA) from acting for and on its behalf and rescinding its request that
the authority act for and on its behalf; and providing an effective date.
Ordinance No. 2015 -292
DD. ID 15 -871 Consider adoption of an ordinance amending the schedule of electric rates
contained in Ordinance No. 2014 -285 for electric service; amending the provisions
of the Residential Service Rate Schedule (Schedule RES); amending the provisions
of the Residential Renewable Energy Service Rider (Schedule RG); amending the
provisions of the Residential Prepaid Service Schedule (Schedule RPP); adding the
provisions of the Residential Time Of Use Schedule (Schedule RTOU); amending the
provisions of the General Service Small Schedule (Schedule GSS); amending the
provisions of the General Service Medium Schedule (Schedule GSM); amending the
provisions of the General Service Large Schedule (Schedule GSL); amending the
provisions of the General Time of Use Schedule (Schedule TGS); amending the
provisions of the Local Government Small Schedule (Schedule G2); amending the
provisions of the Local Government Schedule (Schedule G1); amending the
provisions of the Weekend Service Schedule (Schedule WK); amending the
provisions of the Athletic Field Schedule (Schedule AF); amending the provisions of
the Street Lighting Schedule (Schedule LS); amending the provisions of the Traffic
Lighting Schedule (Schedule LT); amending the provisions of the Unmetered School
Zone /Crossing Flashers Schedule (Schedule UFL); amending the provisions of the
Unmetered Traffic Lights Schedule (Schedule ULT); amending the provisions of the
Unmetered Security Camera Schedule (Schedule USC); adding the provisions of the
Unmetered Wi -Fi Devices Schedule (Schedule UWF); amending the provisions of
the Other Lighting Schedule (Schedule LO); amending the provisions of the Security
Lighting Schedule (Schedule DD); amending the provisions of the Decorative
Downtown Lighting Schedule (Schedule DDL); amending the provisions of the Non
City of Denton City Council Minutes
September 15, 2015
Page 18
Standard Street Lighting Schedule (Schedule DSL); amending the provisions of the
Temporary Service Schedule (Schedule T1); amending the provisions of the
GreenSense Energy Efficiency Rebate Program and renaming it the "GreenSense
Incentive Program" (Schedule GRP); amending the provisions of the Energy Cost
Adjustment Schedule (Schedule ECA); amending the provisions of the Renewable
Cost Adjustment (Schedule RCA); amending the provisions of the Transmission Cost
Recovery Factor Schedule (Schedule TCRF); amending the provisions of the Dark
Fiber Schedule (Schedule DFR); providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board recommends
approval (4 -0).
Ordinance No. 2015 -293
EE. ID 15 -872 Consider adoption of an ordinance amending the schedule of water rates
contained in Ordinance No. 2014 -287 for water service rates and water rates;
amending the residential water service rate (Schedule WR); amending the
commercial/industrial water service rate (Schedule WC); amending the metered water
from fire hydrant rate (Schedule WFH); amending the wholesale treated water service
rate to the Upper Trinity Regional Water District (Schedule WW); amending the
wholesale raw water service rate to Upper Trinity Regional Water District (Schedule
WRW); providing for a repealer; providing for a severability clause; and providing
for an effective date. The Public Utilities Board recommends approval (4 -0).
Ordinance No. 2015 -294
FF. ID 15 -873 Consider adoption of an ordinance amending the schedule of wastewater
rates contained in Ordinance No. 2014 -288; providing for an amendment in the rates
for residential wastewater service (Schedule SR); amending the mobile home park
wastewater service (Schedule SMH); amending the commercial and industrial
wastewater service (Schedule SC); amending the commercial/industrial wastewater
service which measures with dedicated water meters (sub- meters) (Schedule SCD);
amending the commercial/industrial wastewater service which measures with
dedicated water meters (sub- meters) (Schedule SCS); amending the equipment
services facilities and restaurant & food service establishments wastewater service
(Schedule SEE); amending the metered wastewater inside and outside corporate
limits (Schedule SM); amending the sale of treated wastewater effluent (Schedule
SGE); amending the treated effluent wastewater tap fees (Schedule STE); providing
for a repealer; providing for a severability clause; and providing for an effective date.
The Public Utilities Board recommends approval (4 -0).
Ordinance No. 2015 -295
GG. ID 15 -875 Consider adoption of an ordinance of the City of Denton, Texas providing
for the schedule of miscellaneous fees, deposits, billings and procedures for
administrative services to city utilities customers contained in Ordinance No. 2014-
286; providing for a repealer; providing for a severability clause; and providing for
an effective date. The Public Utilities Board recommends approval (4 -0).
City of Denton City Council Minutes
September 15, 2015
Page 19
Ordinance No. 2015 -296
HH. ID 15 -877 Consider adoption of an ordinance of the City of Denton, Texas amending
the schedule of rates for solid waste service contained in ordinance no. 2014 -289. as
authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas;
providing that the provisions of sections 26 -3, 26 -4, 26 -5, 26 -7, 26 -8(a), and 26 -9 of
the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of
Denton solid waste and recycling services; providing for amendments to the
residential refuse & recycling collection services rates; providing for amendments to
the commercial refuse and recycling collection services rates; providing for an
amendment to the processing and disposal services rates; providing for an amendment
to the definition of "container weight limits" in the solid waste & recycling services
definitions; providing for a repealer; providing for a severability clause; providing an
effective date. The Public Utilities Board recommends approval (4 -0).
Approved the minutes listed below.
IL ID 15 -890 Consider approval of the minutes of July 28, August 4, August 6, August
11, August 18 and August 25, 2015.
Ordinance No. 2015 -297
JJ. ID 15 -891 Consider adoption of an ordinance approving an agreement between the
City of Denton, Texas, and the Denton Chamber of Commerce regarding an
Economic Development Partnership; and providing an effective date.
Ordinance No. 2015 -298
KK. ID 15 -904 Consider adoption of an ordinance approving the expenditure of funds for
the purchase of three (3) self -check machines, three (3) disc media unlockers, and
associated maintenance and license costs for three (3) years for the City of Denton
Public Library System 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 5916- awarded to 3M Library Systems for self -check
machines and disc media unlockers in the amount of $48,399.54 and three (3) year
maintenance and license costs in the estimated amount of $92,325.10 for a total award
in the not -to- exceed amount of $140,724.64).
6. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
This item was not considered.
A. ID 15 -833 Consider adoption of an ordinance finding that a public use and necessity exists
to acquire fee simple title to two 0.092 acre tracts, for the public use of expanding and
improving Mayhill Road, a municipal street and roadway generally located in the Daniel
Lambert Survey, Abstract No. 784, City of Denton, Denton County, Texas, at the Northeast
corner of Mayhill Road and Colorado Boulevard, as more particularly described on the
attached "Exhibit "A" (the "Property Interests "); authorizing the filing and prosecution of
eminent domain proceedings to acquire the Property Interests; authorizing the expenditure
City of Denton City Council Minutes
September 15, 2015
Page 20
of funds therefore; making findings; providing a savings clause; and providing an effective
date. (Mayhill Road Widening and Improvements project: Parcel M231 -Ray Hallford,
Trustee)
Ordinance No. 2015 -299
B. ID 15 -835 Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple title to a 1.509 acre tract generally located in the Morreau
Forrest Survey, Abstract No. 417, City of Denton, Denton County, Texas, at the
Southeast corner of E. McKinney St. and S. Mayhill Road, and more particularly
described on the attached "Exhibit "A" (the "Property Interests "), for the public use
of expanding and improving Mayhill Road, a municipal street and roadway;
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. (Mayhill Road Widening
and Improvements project: Parcel M088 -BCI Real Estate Ventures, LP)
LuAnne Oldham, Real Estate Specialist, presented the details of the property to be considered for
eminent domain proceedings. She noted the general location of the property. She displayed the
legal description of the property and the drawing of the tract as the motion was read.
Council Member Hawkins motioned "I move that the City of Denton, Texas authorize the use of
the power of eminent domain to acquire (i) fee simple to a 1.509 acre tract, for the public use of
expanding and improving Mayhill Road, a municipal street and roadway; generally located at the
southwest corner of E. McKinney Street and S. Mayhill Road, affected tract located in the Morreau
Forrest Survey, Abstract No. 417, City of Denton, Denton County, Texas, as more particularly
described on "Exhibit "A ", to the ordinance now under consideration and on the overhead screen
being now displayed to the audience, for the public use of expanding and improving Mayhill Road,
a municipal street and roadway in the City of Denton, Texas ". Council Member Roden seconded
the motion. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ",
Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro
Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 15 -738 Consider nominations /appointments to the Economic Development
Partnership Board.
Caroline Booth, Assistant Director for Economic Development, presented information on the
Economic Development Partnership Board and the makeup of the Board. The Nominating
Committee recommended the appointment of Council Member Johnson, Larry Parker, Jim Fykes,
Cleve Breedlove and John Baines. She noted that the Hispanic Chamber of Commerce did not
have a nomination.
Council Member Roden stated that it was the clear intent of the ordinance to fill that seat even in
the absence of a Hispanic Chamber of Commerce nomination. He nominated Dianna Costa.
City of Denton City Council Minutes
September 15, 2015
Page 21
Council Member Briggs motioned, Council Member Hawkins seconded to approve the
nominations by the Nominating Committee plus the additional nomination of Dianna Costa. On
roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts "aye ",
Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye"
and Council Member Wazny "aye ". Motion carried unanimously.
B. ID 15 -880 Consider nominations /appointments to the City's Boards and
Commissions: Parks, Recreation and Beautification Board.
There were no nominations at this meeting.
Resolution No. R2015 -031
C. ID 15 -793 Consider approval of a resolution by the City of Denton, Texas, authorizing
the City Manager to submit an application and all other necessary documents to obtain
a grant under the Texas Department of Housing and Community Affairs' Amy Young
Barrier Removal Program, and take all other actions necessary to implement the
program; and providing for an effective date.
Barbara Ross, Community Development Division Manager, stated this resolution would allow the
City to set up an account with the Texas Department of Housing for assistance for accessibility
features in homes. $20,000 would be the maximum funds available. While this had been a
successful program, it might be the last year for the City to participate due to federal funding.
Mayor Pro Tem Gregory motioned, Council Member Johnson seconded to approve the resolution.
On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts
"aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory
"aye ", and Council Member Wazny "aye ". Motion carried unanimously.
Ordinance No. 2015 -300
D. ID 15 -879 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 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; providing
authority for the City Manager to execute the agreements subject to final language
approval by the City Attorney; and providing an effective date.
Aimee Bissett, Director of Development Services, stated that the program would allow for
development in an area that was a lower income area and also start redevelopment around it. The
City would lease space in the development to begin a new economic development program to
recruit technology based companies to Denton. A local developer would partner with the project.
The ordinance also included a commercial lease agreement and an incentive agreement.
Council Member Roden motioned, Council Member Johnson seconded to adopt the ordinance. On
roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts "aye ",
Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye"
and Council Member Wazny "aye ". Motion carried unanimously.
City of Denton City Council Minutes
September 15, 2015
Page 22
8. PUBLIC HEARINGS
Ordinance No. 2015 -301
A. Z15 -0008 & 515 -0006 Hold a public hearing and consider adoption of an ordinance
of the City of Denton, Texas, approving a change in zoning classification from
Neighborhood Residential 4 (NR -4) to Neighborhood Residential 2 (NR -2) and
approving a Specific Use Permit (SUP) for an Equestrian Facility on approximately
1.003 acres of property, generally located on the east side of Fort Worth Drive and
approximately 700 feet south of Johnson Lane; adopting an amendment to the City's
official Zoning Map and providing for a penalty in the maximum amount of $2,000.00
for violations thereof, providing a severability clause and an effective date. (Z15-
0008 and S15-0006). The Planning and Zoning Commission recommends approval
of this request (7 -0).
The Mayor opened the public hearing.
Aimee Bissett, Director of Development Services, presented the details of the proposal which
included a rezoning and specific use permit. She reviewed the location map for the proposal,
zoning map with existing zoning and proposed zoning, proposed site plan, and considerations of
staff to support the zoning change.
The Specific Use Permit would expire five years from the approval date of proposal. With this
condition, the applicant must apply for a new Specific Use Permit prior to the expiration. This
condition was added so that if the surrounding area changed, the use might no longer be
compatible. Staff also recommended only a monument sign be allowed. The Planning and Zoning
Commission recommended approval with no conditions. Both options were available for Council
consideration.
Bob Williams, applicant, spoke in favor and requested approval without the conditions
recommended by staff.
Bissett stated that the restrictions by staff were that the Specific Use Permit would expire after five
years with the applicant having to reapply to make sure the surrounding area was still compatible
with the use. The other condition was to limit the size and materials for a sign. The Planning and
Zoning Commission recommendation was for approval of the rezoning and the Specific Use
Permit with no conditions.
Mayor Pro Tem Gregory asked if the applicant was opposed to the conditions of the sign.
Williams stated that they did not need a large sign which was a cost issue. He was more in favor
of a sign that was not brick and mortar as he could not afford to spend that much money for a sign.
The Mayor closed public hearing.
Council Member Wazny motioned, Council Member Hawkins seconded to adopt the ordinance
with no conditions. On roll call vote, Council Member Roden "aye ", Council Member Johnson
City of Denton City Council Minutes
September 15, 2015
Page 23
"aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Briggs it
Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously.
Ordinance No, 2015 -302
B. ID 15 -823 Hold a public hearing and consider adoption of an ordinance granting
approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the
non -park use of a part of North Lakes Park for the purpose of installing and
maintaining a sanitary sewer line for the Vista Del Arroyo Offsite Utilities Project;
providing for a notice by the City of Denton, Texas, of non -park use for installation
and maintenance of sanitary sewer line and reservation of easement in the event of
sale of park; and providing an effective date. The Parks, Recreation and Beautification
Board recommends approval (5 -0).
Jim Mays, Superintendent of Parks and Construction, presented the details of the proposal. He
stated that State law required a public hearing to take parkland out of service or use for non -park
property. Council had provided an easement at a prior meeting. During the engineering phase a
problem was encountered with the size of the easement for the culvert and there was a need to
grant an extra 8 foot easement to bypass the culvert.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Gregory motioned, Council Member Johnson seconded to adopt the ordinance.
On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Mayor Watts
"aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory
"aye ", and Council Member Wazny "aye ". Motion carried unanimously.
Ordinance No. 2015 -303
C. PDA15 -0003 Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, regarding amendments to a Concept Plan and Detail Plan of
Planned Development 176 (PD -176) to depict a Child Day Care facility on
approximately 1.38 acres. The subject property is generally located on the south side
of Robinson Road, approximately 220 feet east of Teasley Lane within a Planned
Development 176 (PD -176) zoning district; adopting an amendment to the City's
official Zoning Map and providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing a severability clause and an effective date. (PDA15-
0003). The Planning & Zoning Commission recommends approval of this request (7-
0), subject to the conditions.
Council Member Johnson left meeting with conflict of interest.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 15, 2015
Page 24
Aimee Bissett, Director of Development Services, stated that this request was an amendment to
the current Planned Development to allow for a day care use. She reviewed the zoning map, the
background information of the site, site data, future land use map, and the detailed plan. The
Planning and Zoning Commission recommended approval with several conditions as noted in her
presentation. Staff recommended approval with the same conditions minus the conditions of the
barrier.
The Mayor closed the public hearing.
Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to adopt the ordinance
with all conditions as presented. On roll call vote, Council Member Roden "aye ", Mayor Watts
"aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory
"aye ", and Council Member Wazny "aye ". Motion carried unanimously.
Council Member Johnson returned to the meeting.
9. 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 -900 Willie Hudspeth regarding City Hall.
Mr. Hudspeth expressed concern that he had to stay to the end of the meeting in order to address
the Council. He did not want to address the Council at the beginning of the meeting until everyone
had the opportunity to do so. He appreciated the efforts of Council Member Johnson and City
Manager Campbell regarding the procedures for his business and encouraged other members of
the Council to do the same. He made changes to his business practices as suggested as
compromise.
10. 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.
City of Denton City Council Minutes
September 15, 2015
Page 25
Council Member Johnson stated that he would like a future work session on the bond election
prioritization for street projects and include drainage projects.
Council Member Briggs stated that she would like to explore a fast track expansion of McKinney
and a renewed partnership with TxDOT to get it done.
Council Member Wazny requested a Closed Meeting and Work Session discussion on the letter
from the Freedom of Information Foundation.
Council Member Wazny requested a Work Session discussion on the legality of Closed Sessions
and whether they complied with State law specific to the policy on the books.
Mayor Watts requested a Work Session regarding valet parking and trading off public spaces for
valet parking.
Mayor Watts requested an Informal Staff Report regarding a survey of utility rates from
surrounding cities.
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 9:00 p.m.
Gel s A'171 VSI-Z
MAYOR
CITY OF DENTON, TEXAS
Cl " SECRE .1 Y
CITY OF DENTON, TEXAS