March 22, 2016 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
March 22, 2016
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 22, 2016 at 3:00 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, and Mayor Pro Tem Gregory.
ABSENT: Council Member Wazny.
1. Citizen Comments on Consent Agenda Items
Michael Hennen, 724 Thomas, Denton, 76201 urged the Brattle Group to consider a 30 year
assessment of the DME plan as opposed to a 20 year assessment. Analyze the 70% renewable plan
plus ERCOT.
Ken Gold, 2512 Natchez Trace, Denton, 76210 felt that the Brattle contract should be considered
at a regular meeting and not on the Consent Agenda in the afternoon. It should not be considered
at this meeting.
2. Requests for clarification of agenda items listed on the agenda for March 22, 2016.
There were no requests for clarification of agenda items.
3. Work Session Reports
A. ID 16-407 Receive a report, hold a discussion, and give staff direction regarding the
City’s budgeting, rate setting and cost recovery processes for internal service funds
and utility funds of the City.
Chuck Springer, Director of Finance, reviewed the objectives to review internal service funds
enterprise funds. He presented information on the Internal Service Funds that included 6 funds
budgeted in 2015-16. The purpose of the funds, the cost of service transfers that were involved,
the descriptions of the funds and how the cost of service transfers were calculated were presented.
Enterprise funds included 5 different funds budgeted for 2015-16. The purpose of the funds and
definitions of the funds, goals of rates and self-sufficiency were noted. The budget process started
with the internal service funds and then went to the enterprise funds with those budgets then
submitted to the Council. The next steps in terms of budget information was reviewed.
Mayor Pro Tem Gregory stated that he had an initiative regarding the IOOF Cemetery he would
like staff to explore. He presented information on the history of the cemetery, various points of
interest in the cemetery, and damages in the cemetery. He also presented information on Oakwood
Cemetery. He felt the City had a responsibility to maintain these cemeteries and would like to
direct staff to prepare estimates and methods to put them back in order.
Consensus of the Council was to have staff research cost estimates and break the costs into
segments such as headstones, fences, and grounds.
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March 22, 2016
Page 2
Following the completion of the Work Session the Council convened into a Closed Meeting to
consider the items listed below.
1. Closed Meeting:
A. ID 16-344 Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code, Section 551.086; and Consultation with Attorneys - Under Texas
Government Code, Section 551.071.
Receive a presentation from Denton Municipal Electric ("DME") staff regarding
certain public power competitive, financial and commercial information relating to
issues regarding support, implementation and operation of its Energy Risk
Management Policy that deals with bidding and pricing information for purchased
power, generation and fuel, and Electric Reliability Council of Texas (ERCOT) bids,
prices, offers and related services and strategies. Consultation with the City’s
attorneys regarding legal issues associated with the Energy Risk Management Policy
where a public discussion of these legal matters would conflict with the duty of the
City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any potential litigation. Discuss, deliberate,
and provide staff with direction.
B. ID 16-376 Consultation with Attorneys - Under Texas Government Code Section
551.071.
Consult with the City’s Attorneys on the status, strategy, and potential resolution of
the claim of Ross McDowell.
C. ID 16-416 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code
Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
regarding the potential acquisition of real property located at 301 E. McKinney,
Denton, Texas where deliberation 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 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. \[Denton County
Courthouse Annex property tract(s) - no action item\]
D. ID 16-418 Consultation with Attorneys - Under Texas Government Code, Section
551.071; Deliberations regarding Economic Development Negotiations - Under
Texas Government Code, Section 551.087.
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March 22, 2016
Page 3
Receive a report and hold a discussion regarding legal and economic development
issues regarding economic development incentives for a business prospective in
regard to the Samuel, Son, & Co. This discussion shall include commercial and
financial information the City Council may receive from the business owners which
the City seeks to have locate, stay, or expand in or near the territory of the City, and
with which the City Council is conducting economic development negotiations,
including the offer of financial or other incentives. Also hold a discussion with the
City’s attorneys on the referenced topic 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.
E. ID 16-431 Consultation with Attorney - Under Texas Government Code, Section
551.071; Deliberations regarding Economic Development Negotiations - Under
Texas Government Code Section 551.087.
Receive a report and hold a discussion regarding a proposed economic development
program grant agreement between the City of Denton and WGBP Investments,
LTD. This discussion shall include commercial and financial information the City
Council has received from WGBP Investments, LTD, a business 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;
deliberate the economic development program grant agreement between the City of
Denton and WGBP Investments, LTD. Also, hold a discussion with the City’s
attorneys on the referenced topic 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.
Special Called 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 16-406 Mayor’s Day of Concern for Mental Health and those with Intellectual
Disabilities
Mayor Watts presented the proclamation for Mayor's Day of Concern for Mental Health and those
with Intellectual Disabilities Day.
City of Denton City Council Minutes
March 22, 2016
Page 4
3.CONSENT AGENDA
Council Member Hawkins motioned, Council Member Roden seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Roden
"aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye",
Council Member Briggs "aye", and Mayor Pro Tem Gregory "aye". Motion carried unanimously.
Ordinance No. 2016-082
A. ID 16-415 Consider adoption of an ordinance establishing public hearing dates and
authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016,
for annexation of eight (8) properties, identified by the following property
identification numbers (DH-2: 60756 and 60759), (DH-3: 41547), (PAA1: 651278),
(PAA3: 315334 and 60790) and (PAA4: 202610 and 37729), in the City of Denton,
Texas.
Ordinance No. 2016-083
B. ID 16-417 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas authorizing the City Manager or his designee to execute a letter of
agreement for consulting services with the Brattle Group, Inc. that is substantially
consistent with the scope of work recommended by the City Manager to the City
Council during the work session of the City Council on February 16, 2016, in order
to perform a study/analysis of the Renewable Denton Plan and other options;
providing for the expenditure of funds; providing an effective date.
Ordinance No.2016-084
C. ID 16-426 Consider adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to make application to the Texas Department of Housing and
Community Affairs Emergency Solutions Grant Program and take all other actions
necessary to obtain and implement the program; and providing for an effective date.
4. PUBLIC HEARINGS
Ordinance No. 2016-085
A. ID 16-403 Hold a public hearing to consider adoption of an ordinance of the City of
Denton, Texas approving the land use assumptions and a capital improvements plan
under which roadway impact fees may be imposed for designated service areas;
setting a date, time, and place for a public hearing to consider adoption of roadway
impact fees; authorizing and directing the City Secretary to publish notice of such
public hearing; and providing construction and severability clauses.
PS Arora, Manager - Wastewater Department, presented the details of the proposed ordinance. He
reviewed the purposed of the public hearing. Jeff Whittaker, Kimley Horn, presented a brief
overview of the land use assumptions that included Impact Fee regulatory requirements, the Impact
Fee service areas, land use projections, Impact Fee CIP, and Impact Fee CIP summary.
City of Denton City Council Minutes
March 22, 2016
Page 5
Arora presented information from the Capital Improvement Advisory Committee and associated
recommendation.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
David Lehde, Dallas Home Builders Association - opposed
The Mayor closed the public hearing.
Council discussion included comments that residential projects at 15% might cause more roads to
be built and set the fee while a lower percentage might lower the fee; the fee was dependent on the
vehicle mile traveled and was recalculated every five years; the impact fee would be subject to a
refund if the road were not built in 10 years; 30% of the fee would be used for the road projects;
and homeowner already pay part of the fee when the road was developed
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", and Mayor Pro Tem
Gregory "aye". Motion carried unanimously.
Ordinance No. 2016-086
B. ID 16-413 Continue a public hearing and consider adoption of an ordinance of the
City of Denton, Texas designating a certain area within the city limits of Denton as
West Gate Business Park (WGBP) Investments, LTD. Reinvestment Zone No. XIII
for commercial/industrial tax abatement; establishing the boundaries of such zone;
making findings required in accordance with Chapters 312 of the Texas Tax Code;
ordaining other matters relating thereto; providing a severability clause; providing for
repeal; and providing an effective date.
Mayor Watts stated that this was a continuation of the public hearing which was currently open.
Aimee Bissett, Director of Development Services, presented the proposal. This was an amendment
for the West Gate Business Park Investments. She reviewed the project background, current status
of the agreement and the need for an amendment. This ordinance would establish the reinvestment
zone and a future meeting would amend the existing 380 agreement and adopt the tax abatement
agreement.
The Mayor opened the public hearing.
Zac Youngblood spoke in opposition.
The Mayor closed the public hearing.
Council Member Johnson motioned, Council Member Hawkins seconded to adopt the substituted
ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye",
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March 22, 2016
Page 6
Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", and Mayor
Pro Tem Gregory "aye". Motion carried unanimously.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2016-087
A.A.15-0016b Consider adoption of an ordinance establishing public hearing dates and
authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016,
for annexation of an approximately 23.24 acre property generally located on the west
side of Geesling Road, approximately 700 feet south of East University Drive (U.S.
380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas.
Aimee Bissett, Director of Development Services, presented information concerning the
publication of the annexation public hearing schedule. The schedule was for a voluntary
annexation of the property due to development of the property for an industrial park.
Willie Hudspeth submitted a Speaker Card.
Council Member Hawkins 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", and Mayor Pro Tem
Gregory "aye". Motion carried unanimously.
6. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act,
provide reports about items of community interest regarding which no action will
be taken, to include: expressions of thanks, congratulations, or condolence;
information regarding holiday schedules; an honorary or salutary recognition of
a public official, public employee, or other citizen; a reminder about an upcoming
event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by a
member of the governing body or an official or employee of the municipality; or
an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
Council Member Johnson requested information on the tree plantings at South Lakes Park in
conjunction with the lighting. He requested investigating the possibility of adding or brightening
the existing lightings.
Council Member Roden suggested creating an ad hoc committee for the Open Data
recommendations.
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March 22, 2016
Page 7
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 7:26 p.m.
______________________________
CHIRS WATTS
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS