February 02, 2016 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 2, 2016
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 2, 2016 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Roden, Council Member Johnson, Mayor Watts, Council Member
Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member
Wazny.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments for Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for February 2, 2016.
Council Member Wazny stated that she would like an outline of what Consent Agenda Item E
consisted of and requested to pull Item S for individual consideration.
City Manager Campbell stated that the applicant had withdrawn his request for Public Hearing A
so it would not be considered.
Bill Bunselmeyer, Energy Services and Business Development Manager, addressed Item E which
he noted did not involve the Renewable Denton Plan. This was for various other DME projects.
Mayor Watts questioned if this contract were not approved, would this require a FTE for DME.
Bunselmeyer stated that it would probably take several FTEs due to the frequent traveling to Austin
to attend the week long meetings.
Mayor Watts questioned the last time hourly rates were negotiated.
Bunselmeyer stated it had been the same rate for several years.
Council Member Johnson requested to pull Consent Agenda Item B for individual consideration.
Council Member Hawkins questioned Consent Agenda Item N regarding the compensation study
and where the scope of the study landed as individual council members had given their
recommendations to staff.
City Manager Campbell stated that staff would be doing analysis and comparisons with the private
sector.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
City of Denton City Council Minutes
February 2, 2016
Page 2
A. ID 16-094 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071. Receive information from staff and discuss, deliberate, and provide
staff with direction regarding the potential acquisition of real property interests
located generally south of the 2400 Block of Shady Oaks Drive, in the Mary Austin
Survey, Abstract number four, in the City of Denton, Denton County, Texas; where
discussion had, deliberation, and direction given, by the Denton City Council in an
open meeting would have a detrimental effect on the position of the governmental
body in negotiations with a third party. Consultation with the City’s attorneys
regarding legal issues associated with the acquisition of the real property interests
described above; discussion of these legal matters in an open meeting would conflict
with the duty of the City’s attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, or would jeopardize the City’s legal position in any administrative
proceeding or potential litigation. \[Brinker Substation\]
B. ID 16-137 Deliberations regarding Real Property - Under Texas Government Code,
Section 551.072; and Consultation with Attorneys - Under Texas Government Code,
Section 551.071. Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the potential purchase of certain real property
interests located in the J. White Survey, Abstract 1433 and generally in the 3100 block
of Colorado Boulevard, City of Denton, Denton County, Texas. Consultation with
the City’s attorneys regarding legal issues associated with the potential 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. (Fire Department)
C. ID 16-163 Consultation with Attorneys - Under Texas Government Code Section
551.071. Consult with the City’s Attorneys on the status, strategy, and potential
resolution of litigation styled, Bishop v. City of Denton, Texas and Darius M. Porter,
Cause No. 4:14-CV-608, currently pending in the US District Court for the Eastern
District of Texas, Sherman Division.
D. ID 16-182 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, exchange, lease or value of real
property located generally in the 200 block of West Hickory and the 200 Block of
West Mulberry in the City of Denton, Denton County, Texas. Consultation with the
City’s attorneys regarding legal issues associated with the potential real property
matter 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.
City of Denton City Council Minutes
February 2, 2016
Page 3
E. ID 16-183 Consultation with Attorneys - Under Texas Government Code, Section
551.071. Consultation, discussion, deliberation and receipt of information from the
City’s attorneys involving legal matters relating to the annexation or
extension/renewal of non-annexation agreements for eligible properties, and to
provide the City’s attorneys with direction, where a public discussion of these legal
matters would clearly 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.
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 16-134 Go Red for Women
Mayor Watts presented the proclamation for Go Red for Women.
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 16-088 Gricelda Samano regarding a sign ordinance issue at 602 E. McKinney
Street.
Ms. Samano requested to place a sign outside her store. She was having difficulty getting approval
for the sign.
Council Member Roden asked what types of problems she was having with putting up the sign.
Samano stated that the pole was abandoned in 2007 and was told that it needed to be removed.
Council Member Johnson asked if she had made a request to the City.
Samano stated she had not.
Council Member Johnson suggested she speak with the Planning Department on options for a sign.
City of Denton City Council Minutes
February 2, 2016
Page 4
2. ID 16-116 Chole Terrell regarding the safety of Bell Avenue.
Ms. Terrell stated that the students at TWU were concerned about the traffic conditions on Bell
Avenue that ran through the main part of the campus. She requested something be done to help
keep the students safe. There were also problems with Oakland Street and the line of sight when
cars were parked on the street.
3. ID 16-170 Pat Smith regarding letter of commendation for Denton Police Dept. from
Denton Bible Church.
Mr. Smith thanked the Police Department for their help with the bomb threat that the church
received on Christmas Eve. Their help assisted them in holding a service that night without
incidence.
C. Additional Citizen Reports
1.Ken Gold spoke on the Denton Renewable Plan and asked for a bond election if the
plan went through.
2.Deborah Armintor agreed with Mr. Gold regarding a consultant to study the renewable
plan. A citizen’s vote was very important for the process and a vote on the plan would
show what the citizens wanted.
4.CONSENT AGENDA
Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items B and S which
would be considered individually and with the alternate lease provided to Council regarding Item
O. 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. 2016-018
A. ID 16-083 Consider adoption of an ordinance ordering an election to be held in the
City of Denton, Texas on May 7, 2016 and, if a runoff election is required on June
18, 2016 for the purpose of electing Council Members to Places 5 and 6 and electing
a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing the
time and manner of the conduct of the election to be in accordance with an agreement
with the Election Administrator of Denton County; providing a severability clause;
providing an Open Meetings clause; and providing an effective date.
Ordinance No. 2016-020
C. ID 16-099 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the renovation of an existing pre-engineered
metal building located at 651 South Mayhill Road for the City of Denton Solid Waste
Department; providing for the expenditure of funds therefor; and providing an
City of Denton City Council Minutes
February 2, 2016
Page 5
effective date (RFP 5866-awarded to Links Construction, LLP in the amount of
$522,743). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2016-021
D. ID 16-100 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 architectural, structural, mechanical, and electrical design services in
support of the design of the new City of Denton Household Chemical Collections
Facility to be located at 1527 South Mayhill Road; providing for the expenditure of
funds therefor; and providing an effective date (File 5906 awarded to Nelson+
Morgan Architects, Inc. in the not-to-exceed amount of $239,935). The Public
Utilities Board recommends approval (6-0).
Ordinance No. 2016-022
E. ID 16-101 Consider adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to execute a First Amendment to a Professional Services Agreement
by and between the City of Denton, Texas and Resolved Energy Consulting, LLC, for
services relating to Denton Municipal Electric projects that include without limitation,
Electric Reliability Council of Texas (ERCOT), Public Utilities Commission of Texas
(PUCT), and other regulatory activities respecting the City of Denton’s Electric
Utility; authorizing the expenditure of funds therefor; providing an effective date (File
No. 5332 in the additional amount not-to-exceed $520,000; aggregating a total not-
to-exceed $1,040,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2016-023
F. ID 16-103 Consider adoption of an ordinance of the City of Denton, Texas approving
the sale of (i) an approximate 2.902 acre tract of land, and (ii) an approximate 24.293
acre tract of land, both being situated in the G. Walker Survey, Abstract No. 1330,
City of Denton, Denton County, Texas, to the successful bidder, Atmos Energy
Corporation, a Texas and Virginia corporation for the total consideration of
$1,244,668.00; authorizing the City Manager to execute a Contract of Sale between
City of Denton, ("Owner") and Atmos Energy Corporation ("Buyer"), further; in
accordance with Texas Local Government Code 253.001, to execute a deed to Atmos
Energy Corporation, together with any other documents necessary to sell and convey
said real property; and providing and effective date (Bid 5994-Sale of Real Property
Located in Pecan Creek Area).
Ordinance No. 2016-024
G. ID 16-104 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of electric utility pad-mounted switchgears to be
stocked in the City of Denton Distribution Center; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5985-awarded to Anixter Power
Solutions in the three (3) year not-to-exceed amount of $6,000,000).
City of Denton City Council Minutes
February 2, 2016
Page 6
Ordinance No. 2016-025
H. ID 16-106 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for tree trimming services for Denton Municipal Electric (DME);
providing the expenditure of funds therefor; and providing an effective date (RFP
5991-Electric Utility Line Tree Trimming Services awarded to ABC Professional
Tree Services, Inc., in a three (3) year not-to-exceed amount of $3,849,256.50). The
Public Utilities Board recommends approval (6-0).
The minutes listed below were approved.
I. ID 16-113 Consider approval of the minutes of October 30, November 2, November
10, and November 17, 2015.
Ordinance No. 2016-026
J. ID 16-115 Consider adoption of an ordinance adopting the Denton County, Texas
Hazard Mitigation Action Plan (HazMAP), of which the City of Denton is a party,
and providing for an effective date.
Ordinance No. 2016-027
K. ID 16-118 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $5,700 of in-kind services and resources for the 31st Annual
Texas Storytelling Festival to be held in the Civic Center located at 321 E. McKinney
Street from March 10-13, 2016; and providing an effective date.
Ordinance No. 2016-028
L. ID 16-122 Consider adoption of an ordinance approving a contract for a three (3) year
comprehensive service plan for maintenance and tuning of the City of Denton
Municipal Laboratory Perkin Elmer Inductively Coupled Plasma Mass Spectrometer
which is available from only one source and in accordance with Texas Local
Government Code 252.022, such purchases are exempt from the requirements of
competitive bidding; and providing an effective date (File 6047-awarded to
PerkinElmer Health Sciences, Inc. in the three (3) year not-to-exceed amount of
$87,937.30). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2016-029
M. ID 16-136 Consider adoption of an ordinance of the City Council of Denton, Texas,
authorizing the City Manager to execute the "Utility Adjustment Agreement
Amendment No. 003 to Agreement No. 35E-U-0503" to the original "Project Utility
Adjustment Agreement" in the amount of $436,470.09; facilitating and authorizing
water and wastewater line relocations for the Interstate Highway 35E project, in
substantial conformity with the previously executed Texas Department of
Transportation agreements with the Developer, AGL Constructors, which is a
consortium composed of Archer Western Contractors, LLC, Granite Construction Co.
and Lane Construction company; and the Texas Department of Transportation;
authorizing the expenditure of funds therefor; and providing an effective date. The
Public Utilities Board recommends approval (6-0).
City of Denton City Council Minutes
February 2, 2016
Page 7
Ordinance No. 2016-030
N. ID 16-172 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for a Compensation and Classification Study for non-civil service
City of Denton employees; providing for the expenditure of funds therefore; and
providing an effective date (RFP 5972-awarded to Ulibarri-Mason Global HR, LP in
a not-to-exceed amount of $124,087.80)
Ordinance No. 2016-031
O. ID 16-179 Consider adoption of an ordinance of the City of Denton, Texas approving
a Building Lease Agreement between the City of Denton and 4SR Mulberry, LLC,
related to the properties located at 215 West Hickory Street and 216 West Mulberry
Street, Denton, Texas, 76201; providing authority for the City Manager to execute the
agreement subject to final language approval by the City Attorney; and providing an
effective date.
Ordinance No. 2016-032
P. ID 16-180 Consider adoption of an ordinance of the City of Denton, Texas approving
a Subordination, Non-Disturbance and Attornment Agreement between the City of
Denton, 4SR Mulberry, LLC, and the National Bank of Texas at Fort Worth, related
to the properties located at 215 West Hickory Street and 216 West Mulberry Street,
Denton, Texas, 76201; providing authority for the City Manager to execute the
agreement subject to final language approval by the City Attorney; and providing an
effective date.
Ordinance No. 2016-033
Q. ID 16-181 Consider adoption of an ordinance of the City of Denton, Texas approving
a Right of First Refusal between the City of Denton and 4SR Mulberry, LLC, related
to the properties located at 215 West Hickory Street and 216 West Mulberry Street,
Denton, Texas, 76201; providing authority for the City Manager to execute the
agreement subject to final language approval by the City Attorney; and providing an
effective date.
Ordinance No. 2016-034
R. ID 16-186 Consider adoption of an ordinance of the City of Denton, Texas setting
dates, times, and place for public hearings on the proposed annexation of certain
property by the City of Denton, Texas, authorizing and directing the City Secretary to
publish notice of such public hearings.
Ordinance No. 2016-036
T. ID 16-188 Consider adoption of an ordinance of the City of Denton, Texas providing
authorization of an Interlocal Cooperation Agreement between the City of Denton,
Texas ("City") and Denton County, Texas ("County") regarding the County’s use of
the City’s dark fiber facilities; and providing for an effective date.
Item B was considered.
City of Denton City Council Minutes
February 2, 2016
Page 8
Ordinance No. 2016-019
B. ID 16-084 Consider adoption of an ordinance ordering a Recall Election to be held in
the City of Denton, Texas, on May 7, 2016 for the purpose of determining whether
City Council Member Council Member Hawkins shall be removed from District 4 of
the City Council of the City of Denton, Texas by recall; prescribing the time and
manner of the conduct of the election to be in accordance with an agreement with the
Election Administrator of Denton County; providing a severability clause; providing
an Open Meetings clause; and providing an effective date.
Speaker Cards were submitted by the following:
Willie Hudspeth spoke regarding the process of recall and the fact that some people had
problems with the process. His concern was with how some council members had behaved
regarding the collection of signatures.
Pete Kamp spoke against the recall ordinance. She understood the need for the process but
the reasons stated in this recall were not appropriate.
Sean Jacobson agreed that Council had to go forward with this vote but felt that there was
more to being a representative than being a representative of citizens. He spoke in support
of Council Member Hawkins.
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.
Item S. was considered.
Ordinance No. 2016-035
S. ID 16-187 Consider adoption of an ordinance of the City of Denton finding and
declaring a restriction contained in the 1933 deed between the IOOF and the City of
Denton convening the said cemetery to the City of Denton prohibiting the use of the
said cemetery for the burial of non-white persons to be illegal, unenforceable,
unconscionable, contrary and repugnant to the philosophy, principals and beliefs of
the City of Denton and that the said restrictive language shall not be enforced or
recognized on any city-owned or managed property and providing an effective date.
City Attorney Burgess provided an explanation of what the ordinance did and did not do. In 1933
the City received from IOOF the deed to the cemetery which contained a restriction that the
cemetery was only for white persons. In 1948 the Supreme Court ruled that these types of
restrictive covenants could not be enforced on real estate. The City had not enforced this deed
restriction. This action made the findings that the restriction was illegal and not enforceable. The
ordinance would provide that the language shall not be enforced. What the ordinance did not do
was change the current practice which allowed non-white persons to be buried in the cemetery.
This was not a change in direction but a recognition of an acceptance of a previous ruling and
affirmation of city policy.
City of Denton City Council Minutes
February 2, 2016
Page 9
Willie Hudspeth submitted a Speaker Card to thank the Council for the action for the ordinance
and the courage to do it.
Council Member Wazny motioned, Mayor Pro Tem Gregory 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.
5. PUBLIC HEARINGS
A. Z15-0027a Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, regarding a change in the zoning classification from a
Neighborhood Residential Mixed Use (NRMU) zoning district and use classification
to a Community Mixed Use General (CM-G) zoning district and use classification on
approximately 2.1 acres of land generally located at the southwest corner of West
University Drive and Ector Street in the City of Denton, Denton County, Texas;
adopting an amendment to the City’s official zoning map; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof; providing a severability
clause and an effective date. (Z15-0027) The Planning and Zoning Commission
recommended denial of this request (5-0); therefore, in order to approve the request,
a supermajority vote by City Council is required. This rezoning request was
withdrawn by the applicant on January 25, 2016.
This item was withdrawn by the applicant and not considered.
Ordinance No. 2016-037
B. Z15-0032a Hold a public hearing and consider a request for rezoning to a
Neighborhood Residential 4 (NR-4) District for three tracts of land generally located
1,500 feet south of the intersection of Kings Row and North Loop 288, in the City of
Denton, Denton County, Texas. Tract 1 is approximately 1.3 acres in size and is
currently zoned a Community Mixed Use General (CM-G) District. Tract 2 is
approximately 1.08 acres in size and is currently zoned a Neighborhood Residential
Mixed Use 12 (NRMU-12) District. Tract 3 is approximately 0.51 acres in size and
is currently zoned a Neighborhood Residential 3 (NR-3) District. The Planning and
Zoning Commission recommends approval of this request (5-0).
The Mayor opened the public hearing.
Aimee Bissett, Director of Development Services, stated that this was a rezoning of three tracts of
land that would permit single family development. She displayed a map of area, reviewed the
history of the tracts and surrounding tracts, and considerations of the proposal. Public notifications
were reviewed. The Planning and Zoning Commission and staff recommended approval.
No one spoke during the public hearing.
The Mayor closed the public hearing
City of Denton City Council Minutes
February 2, 2016
Page 10
Council Member Johnson motioned, Council Member Hawkins 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.
6. 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 16-108 Willie Hudspeth regarding City Hall.
Willie Hudspeth commented on provisions of the Charter, traffic on Loop 288 and McKinney; and
a request to change the Council rule that repeated citizen presentations had to go to the end of the
meetings.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of policy,
or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to
include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda
Mayor Watts requested a work session or Informal Staff Report on the standards for a controlled
sidewalk plus a survey where the controlled crosswalks were located 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 8:15 p.m.
______________________________ ______________________________
CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS