November 08, 2016 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
November 8, 2016
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, November 8, 2016 at 12:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Roden, Council Member Wazny, Council Member Briggs, Council
Member Hawkins, Council Member Gregory, Council Member Bagheri, and Mayor
Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
Willie Hudspeth commented that there were too many Consent Agenda items which he felt was a
disservice to the citizens.
2. Requests for clarification of agenda items listed on the agenda for November 8, 2016.
Staff responded to Council’s requests for clarification of the following items:
Council Member Briggs – Consent Agenda Item P
Council Member Briggs also requested that Consent Agenda Items A, G and M be pulled for
individual consideration.
3. Work Session Reports
A. ID 16-1407 Receive a report, hold a discussion, and give staff direction regarding single
room occupancy developments.
Ron Menguita, Long Range Planning Administrator, presented the details of item. He reviewed
the definition of a single room occupancy as well as zoning information for collegiate housing and
multi-family housing.
Council discussed whether a developer had to declare upfront if he was planning to build a single
room occupancy development; whether it was normal in the process to ask how a developer was
going to lease the property; if there were different development requirements for collegiate housing
and multi-family; whether there was the ability to change from a multi-family development to
collegiate housing during the process; concern that there were no regulations to prevent the
changing of the use of the development either during or after the process.
Menguita continued with how the housing would fit into the Denton Plan 2030. He presented
information on the Neighborhood/University compatibility area which was comprised of
residential and commercial areas adjacent to UNT and TWU and displayed where the majority of
the collegiate housing was located. Recommendations were reviewed.
Council continued their discussion on whether the 2030 Plan suggested where student housing
would be located; whether a specific use permit process might encourage development in places
not conducive to walking to them; the difference between a private dorm versus an SRO; whether
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November 8, 2016
Page 2
limiting the size of the project per bedroom might encourage more of this type of development;
and look at the definition associated with SRO related to single family housing.
Council Member Wazny stated that a SRO development was not apartments; SRO was strictly
student housing. She felt the building height was incompatible with surrounding residential
housing and should require a TIA for this type of housing as the discussion was already late. There
was a large number of SROs currently located in Denton.
Council Member Briggs suggested specific development standards for SROs as they were not
apartments.
Mayor Watts stated that the recommendations could be addressed in a multi-family development
code. A SRO was an apartment by structure but was defined by the leasing structure. This was a
business plan issue and not a development issue. He felt it was an over reach by government to
try and regulate the market and that additional solutions could accomplish the recommendations
in a multi-family category.
Council direction was to look at finding key differences between multifamily and collegiate to see
if the SRO could be addressed there but if not then separate regulations would be needed. They
requested staff also look at data to address parking such as parking counts; historic preservation
neighborhoods in existing or future districts.
B. ID 16-1438 Receive a report, hold a discussion, and give staff direction regarding the
procurement of substation construction services.
This item was pulled for individual consideration and was presented in the Chambers. There was
no discussion in the Work Session.
C. ID 16-1446 Receive a report and hold a discussion regarding the City of Denton Code of
Ordinances, Section 2-63 relating to board and commission members.
City Attorney Burgess stated that this discussion would center on when a board/commission
member may be removed. The current 1966 Code allowed for removal if a member ceased to be a
qualified voter of the city, had a conflict of interest and did not recuse himself, or was convicted
of a felony.
Mayor Watts stated that new council members inherited appointments made by preceding council
members and might want to appoint a new member to a board/commission.
City Attorney Burgess stated in that circumstance a minor tweak could be made in the ordinance
if desired.
Council Member Briggs express desire to move in that direction.
Mayor Pro Tem Roden stated that sometimes Council had problems finding people to serve as this
was volunteer work. It would be different if the member were guiding policy in the wrong
direction. His fear was that just because of a change in election, changing appointments mid-term
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Page 3
would create a political nature on the Council. He felt that unless there was a problem Council
was trying to solve he was in favor of keeping the procedure the way it was in respect for the
people serving. A change would be ok when a term had ended but not in mid-term.
Council Member Hawkins was in favor of keeping the current procedure. It should only be
changed if there was a bad member.
Council Member Bagheri felt that it would not be political to have the service at the will of the
Council.
Council Member Wazny liked the at-will of each independent council member and to be able to
change when elected.
Mayor Watts felt that at-will of the Council was not too political and that most of the time the
members were not changed. The nomination still needed the approval of the entire Council.
Mayor Pro Tem Roden suggested restricting the process to certain types of boards as some were
better served with members who had a history on some of the boards.
Consensus of the Council was to proceed with at-will for legislative nature of boards; do during
the annual nomination process for newly elected council members and not board/commission
members not continuing. The Public Utilities Board would not be changed due to the Charter
requirement.
D. ID 16-1467 Receive a report, hold a discussion, and give staff direction regarding the
development of the City’s website.
Alison Ream, Administrative Services Manager, presented an update on the city's website. The
review process involved internal and external surveys, interviews and SWOT analysis. Key
findings were presented along with goals, navigation and site map of the current site. She
displayed the proposed website and presented next steps in the process.
Council discussed content suggestions; making it mobile compatible with the website; that the
color and font were not reflective of Denton; consider updating the city of Denton branding which
included wayfinding signs; and that it was more important to have an easy website that allowed
the public to easily find information on the site as opposed to colors and fonts.
Consensus of the Council was to move forward with only minor modifications.
E. ID 16-1468 Receive a report, hold a discussion, and give staff direction regarding an online
message board for use by the City Council in accordance with the Texas Open Meetings Act.
Bryan Langley, Assistant City Manager, presented background and statutes on the message boards;
provided city examples; and implementation considerations.
Council discussed that this would not be a site for a vote on an issue but could also be construed
as Council deliberating on an issue to be voted on later; whether these were electronic meetings
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that had to be posted; and the fact that not all Council might be notified that dialog was taking
place on an item.
Council Member Bagheri stated that this was a recommendation by TML to post information to
the citizens and was an exception to the Open Meetings Act. She felt it might shorten the length
of work sessions and be viewed as a way to provide information to citizens.
Council Member Hawkins stated that he would be in favor of a message board if it was giving
information but would not be in favor if it were used for deliberation or if not all members were
included.
Council Member Wazny expressed concern about a walking quorum and having a discussion not
in a formal meeting. Government took place in a formal meeting. This was not a method to talk
to citizens but a method to talk with other council members. She was not comfortable legally with
the concept.
Council Member Bagheri stated that this was legal and allowed such discussions. It was not
unlawful to do this.
City Attorney Burgess noted that the State legislature created this provision as an exception to the
Open Meetings Act and was not a violation. However, she was not seeing a rush into employing
this technology.
Council Member Briggs stated that this was passed in 2013 and felt it was a productive
communication tool and was in favor of it. She questioned if Council could ask staff questions on
the message board.
City Attorney Burgess stated that Council would have to authorize specific staff members to
participate in the message board either by ordinance or resolution.
Mayor Pro Tem Roden stated that at times it was hard to get information out to other council
members. It could, however, have unintended consequences and rules of engagement. He was
interested in seeing where it might go.
Mayor Watts did not see a need for it at this time.
Consensus of the Council was not to proceed with a message board at this time.
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:
Council Member Briggs left the meeting during the Closed Session.
A. ID 16-985 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
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Page 5
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. Take final action on a purchased power agreement with Santa Rita Wind
Energy, LLC.
Council Member Gregory motioned, Council Member Wazny seconded to adopt Ordinance 2016-
364 regarding a purchased power agreement with Santa Rita Wind Energy, LLC. On roll call vote,
Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Hawkins "aye",
Council Member Gregory "aye", and Mayor Watts "aye". Council Member Bagheri "nay". Motion
carried with a 5-1 vote.
B. ID 16-1266 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
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, including a power
purchase agreement with Las Majadas Wind Farm, LLC, in order to meet its future energy
needs. Take final action on a purchased power agreement with Las Majadas Wind Farm,
LLC.
C. ID 16-1351 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 from North Lakes
Substation of Denton Municipal Electric and proceeding east along Riney Rd, then turning
north along Nicosia St., then east along W. Hercules Lane and terminating at the Denton
North Substation of Denton Municipal Electric, 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. \[North Lakes to Denton
North TM Line\]
D. ID 16-1411 Deliberations Regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
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Page 6
Receive information from staff and discuss, deliberate, and provide staff with direction
regarding the potential acquisition of real property interests located from North Lakes
Substation of Denton Municipal Electric and proceeding east along Riney Rd, then turning
north along Nicosia St., then east along W. Hercules Lane and terminating at the Denton
North Substation of Denton Municipal Electric, in the City of Denton, Denton County,
Texas; 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. \[North Lakes to Denton North TM
Line\]
E. ID 16-1413 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 to a 2.168 acre tract of land
situated in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton
County, Texas; 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. \[Spencer to Pockrus TM
Line\]
F. ID 16-1414 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 in Lot 1, Block 2 of the
Municipal Utility Addition as shown by the plat thereof recorded in Cabinet G Page 346 of
the P.R.D.C.T., 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. \[Brinker Substation\]
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Page 7
G. ID 16-1430 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, Esker v. City of Denton, Cause No. 14-000942-158, currently pending in the 158th
District Court of Denton County, Texas.
H. ID 16-1433 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 regarding housing use classifications in the Denton Development
Code, 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.
I. ID 16-1456 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
pertaining to the potential acquisition of real property interests and being situated in the J.C.
Baker Survey, Abstract No. 47, the A.E. Cannon Survey, Abstract No. 232, the J. Fisher
Survey, Abstract No. 421, the S. Hembrie Survey, Abstract No. 643, the B. Merchant Survey,
Abstract No. 800, the C. Poullalier Survey, Abstract No. 1006, the E. Pickett Survey,
Abstract No. 1018, the S.A. Venters Survey, Abstract No. 1315, and the W.E. Penley Survey,
Abstract No. 1729, City and County of Denton, Texas, and generally located along FM
Highway 2181 (Teasley Lane) the limits of which being bounded to the north by Lillian
Miller Parkway and to the south by the drive entrance to Hickory Creek Mobile Home
Park. Consultation with the City’s attorneys regarding legal issues associated with the
potential acquisition or condemnation 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. (FM Highway 2181 Utility
Relocations project)
Council returned to Open Session at 4:22 p.m. Mayor Pro Tem Roden inquired whether Council
Member Briggs would be returning to the meeting. If not, the items she suggested pulling for
separate consideration could be discussed during this time in the Work Session.
Mayor Watts indicated that she would be returning at the Regular Session and the items should
remain as suggested.
Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers
at City Hall, 215 E. McKinney Street, Denton, Texas.
1.PLEDGE OF ALLEGIANCE
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Page 8
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2.CONSENT AGENDA
Council Member Hawkins motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items A, G and M to
be considered individually. On roll call vote, Mayor Pro Tem Roden "aye", Council Member
Wazny "aye", Council Member Briggs "aye", Council Member Hawkins "aye", Council Member
Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried
unanimously.
Ordinance No. 2016-345
B. ID 16-1364 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving three (3) year software maintenance for continued
vendor support of the Milsoft Interactive Voice Response System and associated
software modules along with new hardware and software upgrades, 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 3881 awarded to Milsoft Utility
Solutions in the three (3) year not-to-exceed amount of $176,500).
Ordinance No. 2016-346
C. ID 16-1365 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract for the acquisition of one (1) East
"live-bottom" trailer for the City of Denton Solid Waste Department 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 requirements of
competitive bidding; and providing an effective date (File 6265-awarded to East
Manufacturing Corporation in the amount of $68,200).
Ordinance No. 2016-347
D. ID 16-1367 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving a Supervisory Control and Data Acquisition System
Upgrade, 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 4074
awarded to Open Systems International in the not-to-exceed amount of $527,365.
Ordinance No. 2016-348
E. ID 16-1368 Consider adoption of an Ordinance accepting competitive proposals and
awarding a contract for the purchase of a Caterpillar Model 826K refuse compactor
for the City of Denton Landfill; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5825-awarded to Holt CAT in the amount of
$894,714).
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November 8, 2016
Page 9
Ordinance No. 2016-349
F. ID 16-1388 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) Caterpillar 430F2
Backhoe for the City of Denton Water Distribution Department; and providing an
effective date (File 6270-awarded to Holt CAT in the amount of $123,972.77).
Ordinance No. 2016-351
H. ID 16-1403 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving the purchase of an EMC Vplex system as awarded by
the State of Texas Department of Information Resources (DIR) through the Go
DIRect Program, Contract Number (DIR-TSO-2634/DIR-TSO-2542); providing for
the expenditure of funds therefor; and providing an effective date (File 6271-awarded
to Presidio Networked Solutions Group, LLC in the three (3) year not-to-exceed
amount of $152,209.11).
Ordinance No. 2016-352
I. ID 16-1416 Consider adoption of an Ordinance authorizing the City Manager to
execute a Interlocal Agreement with the University of North Texas under section
791.001 of the State of Texas Government Code, and to authorize the City of Denton
to participate in a project to develop a digital roadmap to set a strategic vision in
technology infrastructure investments, sustainability, education, and use of digital
media for service delivery and citizen engagement, among other technology goals;
authorizing the expenditure of funds therefor; and declaring an effective date (File
6238-Interlocal Agreement with the University of North Texas in the amount of
$20,000).
Ordinance No. 2016-353
J. ID 16-1400 Consider adoption of an ordinance of the City of Denton, Texas providing
for authorization of a building lease ("lease") and a first amendment to the building
lease ("first amendment") by and between Epic Development, Inc. and the City of
Denton, Texas allowing the City of Denton to use and occupy the premises as
administrative office space, temporary housing, and sleeping quarters for fire
personnel; authorizing the expenditure of funds therefor and providing an effective
date.
Resolution No. R2016-041
K. ID 16-1434 Consider approval of a resolution approving the 2015 Tax Increment
Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an
effective date.
Ordinance No. 2016-354
L. ID 16-1435 Consider adoption of an ordinance amending Ordinance No. 2012-366,
as amended by Ordinances 2014-039 and Ordinance 2015-370, relating to Tax
Increment Reinvestment Zone (TIRZ) Number Two, to add to the membership of the
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November 8, 2016
Page 10
Board of Directors; repealing all conflicting ordinances and portions thereof; and
providing an effective date.
Ordinance No. 2016-356
N. ID 16-1440 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Community Market;
authorizing the expenditure of funds; and providing for an effective date ($9,150 per
year, for a four (4) year not-to-exceed amount of $36,600).
Approved the minutes listed below.
O. ID 16-1452 Consider approval of the minutes of August 16 and 23, 2016 and
September 13, 2016.
Ordinance No. 2016-357
P. ID 16-1453 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving an additional cost for the Rental of Vans for the City
of Denton Parks and Recreation Department Summer Camp and Summer Food
Programs 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 6167-
awarded to Capps Van and Truck Rental in the additional amount of $17,703.96 for
a total not-to-exceed amount of $66,653.96).
The items pulled for separate action were considered.
Ordinance No. 2016-344
A. ID 16-1363 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for electric substation construction services;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6085-awarded to Can-Fer Utility Services, LLC in the three (3) year not-to-exceed
amount of amount of $17,620,000).
Chris Lutrick, DME Project Manager, presented the details on the substation construction services.
He reviewed the overview of the substation construction, CIP projects, summary of proposals, and
projects constructed by Can-Fer Construction.
Council discussed that this project was part of the overall expansion project for DME for
infrastructure and cost comparison of the next six substations compared to the six just completed;
Willie Hudspeth submitted a Speaker Card but did not speak on the substation purchase but rather
spoke that there were no African Americans in leadership positions in DME.
Mayor Pro Tem Roden motioned, Council Member Hawkins seconded to adopt the ordinance. On
roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
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November 8, 2016
Page 11
Ordinance No. 2016-350
G. ID 16-1401 Consider adoption of an ordinance accepting competitive bids and
awarding a public works contract for the construction of the Denton WaterWorks
Wave Pool and Concession to be located at 2400 Long Road, Denton Texas;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6221-awarded to Schmoldt Construction, Inc. in the not-to-exceed amount of
$2,630,310.70).
Council Member Briggs stated that she would not be voting for this item because she was against
the fee increase.
Willie Hudspeth submitted a Speaker Card but did not speak on the wave pool contract. He spoke
on the lack of African American leaders in the Parks Department.
Council Member Hawkins motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Hawkins "aye", Council Member Gregory "aye", and Mayor Watts "aye". Council Member Briggs
"nay", and Council Member Bagheri "nay". Motion carried with a 5-2 vote.
Ordinance No. 2016-355
M. ID 16-1439 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager, or his designee, to execute a real estate sales contract between the City
of Denton, Texas ("City"), as purchaser, and Terrano Realty, Inc., Medanjo Partners,
Ltd., and NW Realty, Inc., (Collectively "Owner"), as seller, to acquire fee title to a
38.889 acre tract and easement interests in a 0.040 acre tract of land, a 0.800 acre tract
of land, a 0.046 acre tract of land, a 0.642 acre tract of land, a 0.919 acre tract of land,
and a 4.636 acre tract of land, all situated in the Mary Austin Survey, Abstract No. 4,
located in the City of Denton, Denton County, Texas, and located generally south of
Shady Oaks Drive and West of Loop 288 (Collectively the "Property Interests") for
the purchase price of six million two hundred fifty thousand dollars and no cents
($6,250,000.00), and other consideration, as prescribed in the real estate sales
contract; authorizing the expenditure of funds, and providing an effective date.
\[Brinker Substation and TM Line\]
Phil Williams, General Manager - DME, stated this was the Brinker Substation site in southeast
Denton. He presented the initial offer, counter offers, and the appraised value.
Council Member Gregory questioned the revisions to the sales contract.
Larry Collister, Deputy City Attorney, stated that the changes involved the closing date and some
of the easement information.
Willie Hudspeth submitted a Speaker Card but did not speak on the issue. He spoke on
preservation of trees.
Council Member Gregory motioned, Council Member Wazny seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
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Page 12
Hawkins "aye", Council Member Gregory "aye", and Mayor Watts "aye". Council Member Briggs
"nay", and Council Member Bagheri "nay". Motion carried with a 5-2 vote.
3.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2016-358
A. ID 16-1271 Consider adoption of an ordinance of the City of Denton finding that a
public use and necessity exists to acquire easement interests to a 1.253 acre tract of
land situated in the J.S Collard Survey, Abstract No. 297, City of Denton, Denton
County, Texas, and of the Real Property Records of Denton County, Texas ("Property
Interests"), for the public use of, expansion, construction, maintenance, and operation
of an electric transmission line, ancillary facilities and structures; authorizing the City
Manager, acting City Manager, or his designee, to make initial and final offers to
execute an easement, between the City of Denton, Texas ("City"), as grantee, and
Pensco Trust Company Custodian FBO Randall D. Smith Roth IRA, Bonnie Brae
Malone County, Inc., Trustee of the COTI Property Trust, and Edward F. Wolski
(Collectively "Owner"), as grantor, to acquire Property Interests for the total purchase
price of $166,859.00, and other consideration; authorizing the filing of eminent
domain proceedings to acquire the Property Interests if the final offer is not accepted;
authorizing the expenditure of funds; and providing an effective date. \[North Lakes
to Denton North TM Line\]
Smith Day, Compliance Manager, presented the details of the necessity for eminent domain. He
displayed the legal descriptions of the property during the making of the motion.
Willie Hudspeth submitted a Speaker Card and indicated that this item was already discussed in
Closed Session. He spoke on Closed Session discussions.
Mayor Pro Tem Roden motioned “I move that the City of Denton, after having made the offers
required by State law, use of the power of eminent domain, if needed, to acquire easement interests
to a 1.253 acre tract of land, which is located in the J.S. Collard Survey, Abstract No. 297, City
and County of Denton, Texas, and described and depicted in Exhibits “A” and “B” now being
displayed on the overhead screen and in the ordinance under consideration; which is for a valid
public use, necessary to provide for the expansion, construction, maintenance, operation, and
improvement of electric transmission lines, facilities, and structures, to serve the public and
citizens of the City.” Council Member Hawkins seconded the motion.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2016-359
B. ID 16-1410 Consider adoption of an ordinance of the City of Denton finding that a
public use and necessity exists to acquire fee interest 1.851 acre tract of land and
easement interests to a 0.851 acre tract of land and a 0.086 tract of land situated in the
B.B.B.&C. R.R. Survey, Abstract No. 186, City of Denton, Denton County, Texas,
City of Denton City Council Minutes
November 8, 2016
Page 13
and of the Real Property Records of Denton County, Texas ("Property Interests"), for
the public use of, expansion, construction, maintenance, and operation of an electric
transmission lines, ancillary facilities and structures, including drainage and access;
authorizing the City Manager, acting City Manager, or his designee, to make initial
and final offers to execute an easement, between the City of Denton, Texas ("City"),
as grantee, and J.F.S. 1992 Irrevocable Trust ("Owner"), as grantor, to acquire the
Property Interests for the total purchase price of $81,230.00, and other consideration;
authorizing the filing of eminent domain proceedings to acquire the Property Interests
if the final offer is not accepted; authorizing the expenditure of funds; and providing
an effective date. \[North Lakes to Denton North TM Line\]
Smith Day, Compliance Manager-DME, reviewed the provision of the eminent domain process,
the legal description of the property and the layout of the line while the motion was being made.
Willie Hudspeth submitted a Speaker Card but did not speak on the item. He spoke on the
regulations of making a motion and then having speakers.
Council Member Hawkins motioned “I move that the City of Denton, after having made the offers
required by State law, use of the power of eminent domain, if needed, to acquire fee interest to a
1.851 acre tract of land and easement interests in a 0.0851 acre tract of land and a 0.086 acre tract
of land, which are located in the B.B,B.&C. R.R. Survey, Abstract No. 186, City and County of
Denton, Texas, and described and depicted in Exhibits “A” through “F” now being displayed on
the overhead screen and in the ordinance under consideration; which is for a valid public use,
necessary to provide for the expansion, construction, maintenance, operation, and improvement of
electric transmission lines, facilities, and structures, including access and drainage, to serve the
public and citizens of the City.” Council Member Gregory seconded the motion.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2016-360
C. ID 16-1412 Consider adoption an ordinance of the City of Denton finding that a
public use and necessity exists to acquire easement interests to a 2.168 acre tract of
land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton,
Denton County, Texas, and of the Real Property Records of Denton County, Texas
("Property Interests"), for the public use of, expansion, construction, maintenance,
and operation of an electric transmission lines, ancillary facilities and structures;
authorizing the City Manager, acting City Manager, or his designee, to make initial
and final offers to execute an easement, between the City of Denton, Texas ("City"),
as grantee, and Timber Links Apartments, LLC ("Owner"), as grantor, to acquire the
Property Interests for the total purchase price of $93,060.00, and other consideration;
authorizing the filing of eminent domain proceedings to acquire the Property Interests
if the final offer is not accepted; authorizing the expenditure of funds; and providing
an effective date. \[Spencer to Pockrus TM Line\]
City of Denton City Council Minutes
November 8, 2016
Page 14
Smith Day, Compliance Manager -DME, presented the details regarding the eminent domain for
the Spencer to Pockrus Transmission line. He displayed the legal descriptions and drawings while
the motion was being made.
Council Member Wazny motioned “I move that the City of Denton, after having made the offers
required by State law, use of the power of eminent domain, if needed, to acquire easement interests
to a 2.168 acre tract of land, which is located in the Gideon Walker Survey, Abstract No. 1330,
City and County of Denton, Texas, and described and depicted in Exhibits “A” and “B” now being
displayed on the overhead screen and in the ordinance under consideration; which is for a valid
public use, necessary to provide for the expansion, construction, maintenance, operation, and
improvement of electric transmission lines, facilities, and structures, to serve the public and
citizens of the City.” Mayor Pro Tem Roden seconded the motion.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2016-361
D. ID 16-1450 Consider adoption of an ordinance of the City of Denton determining the
public use, need, and necessity for the acquisition of various permanent easements
and temporary construction easements generally located along FM Highway 2181
(Teasley Lane), the limits of which being bounded to the north by Lillian Miller
Parkway and to the south by the Redbud Drive entrance to Hickory Creek Mobile
Home Park and being situated in the J. C. Baker Survey, Abstract No. 47, the A. E.
Cannon Survey, Abstract No. 232, the J. Fisher Survey, Abstract No. 421, the S.
Hembrie Survey, Abstract No. 643, the B. Merchant Survey, Abstract No. 800, the C.
Poullalier Survey, Abstract No. 1006, the E. Pickett Survey, Abstract No. 1018, the
S.A. Venters Survey, Abstract No. 1315, and the W.E. Penley Survey, Abstract No.
1729, City and County of Denton, Texas, and with the use, purpose and legal
descriptions of each easement being more particularly described in the attached
Exhibit "A" (the "Property Interests") to the ordinance; authorizing the City Manager
and City Attorney, or their respective designees, to acquire the property interests by
agreement including making all offers required by law; authorizing the use of the
power of eminent domain to condemn the property interests if an agreement cannot
be reached; and authorizing the City Attorney, or her designee, to file eminent domain
proceedings if necessary; authorizing the expenditure of funding; makings findings;
providing a savings clause; and providing an effective date. (FM Highway 2181
Utility Relocations project)
Paul Williamson, Real Estate Manager, presented the details of the eminent domain proposal. He
displayed the legal descriptions for the easement during the motion.
Council Member Gregory motioned “I move that the City of Denton, after having made the offers
required by State law, use of the power of eminent domain, if needed, to acquire the necessary
easements as defined as the Property Interests in the ordinance now under consideration, consisting
of various tracts along FM Highway 2181, the limits of which being bounded to the north by Lillian
Miller Parkway and to the south by the drive entrance to Hickory Creek Mobile Home Park, City
City of Denton City Council Minutes
November 8, 2016
Page 15
of Denton, Denton County, Texas, and being more particularly described on Exhibit “A” to the
ordinance now under consideration and on the overhead screens, now being displayed to the
audience, all of which are for a valid public use, necessary to provide for the construction,
operation, and maintenance of both the municipal water system improvements, municipal sanitary
sewer system improvements, and municipal electric improvements necessary for the FM Highway
2181 Utility Relocations project.” Council Member Wazny seconded the motion.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
4.ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 16-1437 Consider appointments to the Tax Increment Reinvestment Zone (TIRZ)
Number Two Board of Directors.
Caroline Booth, Director of Economic Development, stated that Council adopted the ordinance
defining the boundaries of TIRZ 2. The Board of Directors incorporates the current EDP Board
as members. Since the last appointment, the EDP Board composition changed with the addition
of a seat for the TWU President and Chancellor. Staff was requesting consideration of three new
members from the EDP Board to the TIRZ 2 Board – Council Member Hawkins, Carine Feyten
(TWU) and Jimmy Mejia.
Council Member Gregory motioned, Council Member Bagheri seconded to approve the
appointments. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye",
Council Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye",
Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
B. ID 16-1457 Consider appointing a Nominating Committee to recommend an
appointee to fill an unexpired term on the Economic Development Partnership Board.
Caroline Booth, Director of Economic Development stated that due to the passing of a member on
the Board it was necessary to appoint a nominating committee to fill the unexpired term. The
ordinance required a three member nominating committee consisting of two council members and
one member of the Chamber of Commerce. Marty Rivers would be the Chamber representative.
Mayor Pro Tem Roden motioned, Council Member Bagheri seconded to appoint Council Members
Gregory and Hawkins to the nominating committee. On roll call vote, Mayor Pro Tem Roden
"aye", Council Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins
"aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye".
Motion carried unanimously.
C. ID 16-1469 Consider appointments to a Charter Review Committee.
Council Member Bagheri appointed Prudence Sanchez.
Council Member Briggs appointed Herbert Holl.
City of Denton City Council Minutes
November 8, 2016
Page 16
5. PUBLIC HEARINGS
Ordinance No. 2016-362
A. Z16-0019a Hold a public hearing and consider a request to rezone approximately 2.33
acres from a Neighborhood Residential 3 (NR-3) District to a Neighborhood
Residential Mixed Use 12 (NRMU-12) District with a Mixed Use Residential
Protection Overlay. The subject property is generally located on the northeast corner
of East Sherman Drive and Kings Row. The Planning and Zoning Commission
recommends approval of the request (7-0).
Munal Mauladad, Director of Development Services, presented the background details of the
request which dealt with Fire Station #4. She reviewed the location of the property, the existing
zoning, proposed zoning and the overlay request. Future land use plan for the property was
discussed along with public notification. The Planning and Zoning Commission recommended
approval as did staff.
The Mayor opened the public hearing.
Paul Meltzer, 1914 W. Oak Street, Denton, questioned the use of the property.
The Mayor closed the public hearing.
Council Member Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2016-363
B. AESA16-0002a Hold a public hearing and consider a request for an Alternative
Environmentally Sensitive Area Plan for the Ryan Meadows Addition, Phase 2. The
approximately 37.35 acre subject property is generally located on the south side of
Ryan Road, approximately 2,000 feet east of Country Club Road. The Planning and
Zoning Commission recommends approval with conditions (6-0).
Munal Mauladad, Director of Development Services, presented the details of the proposal,
reviewing the current zoning, the environmentally sensitive area, and the Mobility Plan. She
presented the detail of the mitigation that would be proposed with 25 new trees to be planted. The
Planning and Zoning Commission recommended approval as did staff with conditions.
The Mayor opened the public hearing.
Thomas Fletcher, applicant, reviewed the drainage study and related issues for the change in the
environmental information. Irrigation should not be a problem with the new tree plantings as the
developer irrigated new areas in the development.
The Mayor closed the public hearing.
City of Denton City Council Minutes
November 8, 2016
Page 17
Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance
with a requirement for irrigation and the Planning and Zoning Commission conditions for three
years. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council
Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council
Member Bagheri "aye", and Mayor Watts "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..
The Council did not have any items at this time.
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 7:50 p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS