September 19, 2017 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 19, 2017
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 19, 2017 at 12:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff,
Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and
Mayor Watts.
ABSENT: None.
1. 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 19, 2017.
Staff responded to Council’s requests for clarification on the following items:
Council Member Briggs – pull Consent Agenda Item I and T for separate consideration;
Consent Agenda Items J, L, F and G
Council Member Hudspeth - pull Consent Agenda Items H, J and S, have staff
presentations for Consent Agenda Items L, F, and I
3. Work Session Reports
Item H was considered.
H. ID 17-1275 Receive a report, hold a discussion, and give staff direction regarding the
Resource Planning and Power Supply Strategy for Denton Municipal Electric being prepared
by Enterprise Risk Consulting.
Bryan Langley, Deputy City Manager, stated that Enterprise Risk Consulting performed an update
to the City’s long-term power supply strategy plan.
Larry Lawrence, Enterprise Risk Consulting, provided information on the background of the firm
in terms of working on these types of projects. He stated that they used Georgetown's success in
becoming 100% renewable during the study. The expected essential findings were presented along
with the principles in designing and managing a portfolio of renewable resources. The Denton
Energy Center summary was noted. A portfolio seasonal balance was demonstrated and the path
to least cost and maximum renewables. He noted that renewable prices were remarkably low.
Diversification and Renewables information was presented in addition to Diversification which
included congestion risk information. The presentation concluded with the ERC Project, Phase II
recommendations.
Council discussed the information presented and asked questions relating to the findings.
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Page 2
B. ID 17-1156 Receive a report, hold a discussion and give staff direction on the Vendor Master
File Audit.
Craig Hametner, City Auditor, presented background information on the Vendor Master File in
terms of vital information about the City's payees and how ignoring the list could lead to duplicate
payments or fraudulent activity. He reviewed opportunities for improvement.
Council discussed who would be creating policies and procedures for the use of this file.
C. ID 17-1159 Receive a report, hold a discussion, and give staff direction regarding the FY18
Annual Audit Plan
Craig Hametner, City Auditor, presented alternatives to the audit plan which included accepting
the plan as presented, rearrange the plan or audit/delete the plan. He reviewed the scarce resources
available to him for auditing.
Council discussed any possible overlap in the Freeze and Nichols contract and suggested moving
the CIP audit up over the red light camera audit.
Consensus of Council was to move the CIP audit to the next audit year and move the red light
camera audit back to the following audit year.
D. ID 17-1196 Receive a report and hold a discussion regarding the requirements in Denton
Development Code 35.12.10 for home occupations, specifically the requirement for a
Specific Use Permit for musician’s and artist’s studios.
Munal Mualadad, Director of Development Services, presented information on home-based music
studios including home occupations. She presented definitions of home occupations and noted that
the current code for a music studio required a specific use permit (SUP). Proposed regulations
would remove the SUP and require compliance with use-specific standards to mitigate potential
nuisances. Home based music studio information was also presented with the recommendation to
remove the SUP and continue to comply with use-specific standards to mitigate potential impacts
in residential neighborhoods which were currently in drafting.
Council discussed whether there were complaints regarding these types of uses; how many SUPs
had been approved; suggested to add key contact staff to applications; and the time frame for the
rewrite of the code.
Consensus of the Council was to move forward with the recommendations.
E. ID 17-1199 Receive a report, hold a discussion, and provide direction regarding service
deliveries in the downtown area.
Lee Howell, Chief of Police, presented the requirements of the State law for service delivery.
Around the Square it was generally allowed for vehicles to stop and make deliveries in the lanes
of traffic. State law indicated this was for a temporary delivery but did not define "temporary".
One big issue was blocking vehicles parked around the Square. Options were to define
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Page 3
"temporary", restrict deliveries to loading zones or rear entrances, restrict locations where delivery
vehicles could stop; restrict the size of vehicles that may stop; take no action and rely on State law,
and restrict delivery times of the day to avoid the noon and 5:00 p.m. rush hours and other heavy
traffic. Staff was recommending the last option if Council wanted to pursue any type of restriction.
Consensus of the Council was to designate loading zones along with time restrictions. Restrict
parking in those areas during those times to lessen the vehicles that would be impacted. Take
several options to the Downtown business groups and return with options for Council
consideration.
F. ID 17-1204 Receive a report, hold a discussion and provide staff direction regarding the
Denton Municipal Electric community sponsorship program.
Bryan Langley, Deputy City Manager, reviewed the current process for DME sponsorships and
the proposed sponsorship policy.
Council discussed public perception of DME sponsorships and was in favor of the staff
recommendations as presented.
G. ID 17-1239 Receive a report, hold a discussion, and provide a recommendation regarding
the Solid Waste Department’s landfill mining operation.
Ethan Cox, Director of Solid Waste, presented a briefing on landfill mine operations. He reviewed
potential benefits of the mining, assumptions and risk factors; benefits analysis; material sales
analysis; and final pro forma.
Consensus of the Council was to not move forward with the project and proceed with Option 1.
A. ID 17-981 Receive a report; hold a discussion, and give staff direction regarding the FY
2017-18 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
Chuck Springer, Director of Finance, presented additional recommended changes in the Electric
fund and the revised electric fund. The Electric Utility Debt summary as of 10/1/17 was reviewed
along with the distribution and transmission debt. The next steps in the process were noted.
I. ID 17-1289 Receive a report, hold a discussion, and give staff direction regarding the
establishment of a steering committee as part of the proposed renovation and adaptive use of
City Hall West located at 221 North Elm.
Mark Nelson, Director of Transportation, presented the background information on the renovation
of City Hall West and a plan to create a steering committee. Options included volunteer citizen
stakeholder and city staff committee; volunteer citizen committee with council ad hoc committee;
or appointed citizen committee. With each option staff was recommending Council consider a
representative from the Chamber or Convention and Visitor Bureau to be included.
Council Member Gregory suggested including the Denton Arts Council and Denton ISD.
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Mayor Watts indicated that he was in favor of Option 2.
Council Member Hudspeth did not like moving forward without a plan for the building and how
to accommodate traffic, etc. to and around the building. However, if pressed, he would be in favor
of Option 3.
Council Member Briggs stated that she liked Option 2 and questioned the specifics on the number
of citizens.
Council discussed how the volunteers would be chosen.
Council Member Ryan was in favor of Option 2.
Council Member Gregory was in favor of Option 2 with staff developing list of potential groups
with two members each.
Mayor Pro Tem Bagheri felt the process should be open to the public with specific invitations and
no specific number of members on the committee.
Council Member Briggs stated that there should be a structured committee with open comments
at each meeting for the public.
Council Member Duff felt that there should not be too many people on the committee and wasn’t
sure how to get people on the committee.
Council Member Gregory suggested around 14 members for the committee and staff create a list
of stakeholders and Council invite people to volunteer.
Mayor Watts stated that he was not in favor of preselecting members from a stakeholder group.
Council Member Briggs suggested three people per council member with at least one public
planning meeting and move forward from there. Have twenty one members with three council
members on the committee.
Mayor Watts nominated Council Member Hudspeth to serve on the committee.
Mayor Pro Tem Bagheri nominated Council Member Duff to serve on the committee.
Council Member Ryan volunteered to serve on the committee. He suggested having an open
meeting for interested parties and take names for possible appointments.
J. ID 17-1291 Receive a report and hold a discussion concerning the request by Franchise
Realty Interstate Corp (McDonalds) for a Specific Use Permit for a drive-through restaurant
on property generally located east of North Texas Boulevard, between I-35E and Wilshire
Street.
Mayor Watts asked Council Member Duff to explain what he wanted on this item.
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Council Member Duff stated that he wanted to put his opinion out for the public. He did not feel
UNT was worried about traffic but that it was a ploy to delay the project. UNT had already started
the eminent domain process for the property. He felt that jobs would be lost would for college
students. The bottom line was that it was not right to prevent the rebuilding when McDonald’s had
been there for 40 years.
Council Member Briggs stated that she had no comment today as she had not seen the traffic study
Mayor Watts stated that Council Member Duff wanted the item on an agenda in order to share his
thoughts.
Council Member Hudspeth felt that the project should be looked at without the names and at the
small area plan for the UNT area. He felt it was consistent with what was done on Hickory Street
that was delayed until the small area plan was completed. It had everything to do with completing
the small area plan before deciding what to do with the property.
City Manager Hileman stated that Council and staff should have a future discussion regarding
when to require a traffic analysis and other planning factors might also be needed to take into
consideration.
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 17-112 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 direction pertaining to
the potential purchase of certain real property interests out of the T.M. Downing Survey,
Abstract No. 346, Denton County, Texas, and generally located within the 700 block of
Audra Lane, Denton, 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 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.
B. ID 17-992 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 2017-2018 operating budget for Denton Municipal Electric
("DME") including without limitation, proposed rates for DME for FY 2017-2018, expected
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Page 6
revenues, expenses, commodity volumes, and financial commitments of DME; discuss,
deliberate and provide staff with direction.
This item was not considered.
C. ID 17-1311 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas
Government Code Section 551.071.
Receive a presentation from staff regarding public power competitive and financial matters
related to the City’s participation in, and the overall operational and financial aspects of, the
Texas Municipal Power Agency; discuss and deliberate strategies regarding same and
provide staff with direction. Discuss, deliberate and provide the City’s attorneys with
direction regarding the proposed Amendment No. 2 to the Joint Operating Agreement
between the Texas Municipal Power Agency and the City of Bryan, the City of Denton, the
City of Garland, and the City of Greenville, Texas. A public discussion of this legal matter
would conflict with the duty of the City’s Attorneys to the City of Denton, Texas under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. \[TMPA\]..Body
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 17-1087 SepticSmart Week
Mayor Watts presented the proclamation for SepticSmart Week.
B. ID 17-1283 Fire Prevention Week
Mayor Watts presented the proclamation for Fire Prevention Week.
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.
A. ID 17-1250 Isabel Cano regarding a suggestion for the use of City Hall West.
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Page 7
Ms. Cano proposed that City Hall West be converted into artist studios and displayed the concept
of torpedo studios. She felt there was a great need in Denton for such studios.
B. ID 17-1253 David Zoltner regarding the Texas Open Meetings Act - Fact and Fiction
- Part 2 of 3.
Dr. Zoltner felt that that there were mixed messages and incorrect information concerning agendas
and what the Texas Public Meetings Act allowed. The agenda only had to specifically state the
matter that would be presented.
C. ID 17-1295 Robert Donnelly regarding the Solid Waste Department.
Mr. Donnelly again noted that the landfill was out of compliance with the specific use permit that
granted the landfill. He felt that an amendment to the permit demonstrated that it was not in
compliance.
C. Additional Citizen Reports
1.Willie Hudspeth spoke on the City hiring more African American firefighters, the
Confederate monument on the Square, and the methods of placing citizens on committees.
2.Lilyan Prado encouraged the City Council to join the lawsuit against SB4.
4.BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2017-252
A. ID 17-1188 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 2017, on all
taxable property within the corporate limits of the city on January 1, 2017, and
adopting a tax rate of $0.637856 per $100 of valuation for 2017; 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, presented the proposed tax rate and recommended adoption.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-253
B. ID 17-1189 Consider adoption of an ordinance of the City of Denton, Texas,
approving the 2017 tax rolls; and providing an effective date.
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Page 8
Chuck Springer, Director of Finance, stated that this item was required by the Texas Property Code
in order to approve to levy the collection of the taxes.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-254
C. ID 17-1194 Consider adoption of an ordinance of the City of Denton, Texas, adopting
the Fiscal Year 2017-2018 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on
October 1, 2017, and ending on September 30, 2018; and declaring an effective date.
Chuck Springer, Director of Finance, stated that the ordinance would approve the budget as
proposed with amendments by the Council.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-255
D. ID 17-1195 Consider adoption of an ordinance of the City of Denton, Texas, ratifying
the adoption of the Fiscal Year 2017-2018 Annual Program of Services (Budget) and
the Capital Improvement Program of the City of Denton, Texas, for the fiscal year
beginning October 1, 2017, and ending on September 30, 2018 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 ordinance required Council to ratify the
budget due to approving the effective tax rate.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
5.CONSENT AGENDA
Council Member Ryan motioned, Mayor Pro Tem Bagheri seconded to approve the Consent
Agenda and accompanying ordinance and resolutions with the exception of Item H, I, J, S and T
which would be considered individually. On roll call vote, Council Member Hudspeth "aye",
Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye",
Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion
carried unanimously.
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September 19, 2017
Page 9
Ordinance No. 2017-256
A. ID 17-821 Consider adoption of an ordinance of the City of Denton, Texas amending
the schedule of rates for electric service contained in Ordinance No. 2016-272;
amending the provisions of the Residential Service Rate (Schedule RES); amending
the provisions of the Residential Renewable Energy Service Rider (Schedule RG);
amending the provisions of the Residential Prepaid Service Rate (Schedule RPP);
amending the provisions of the Residential Time Of Use Rate (Schedule RTOU);
amending the provisions of the General Service Small Rate (Schedule GSS);
amending the provisions of the General Service Medium Rate (Schedule GSM);
amending the provisions of the General Service Large Rate (Schedule GSL);
amending the provisions of the General Service Time Of Use Rate (Schedule TGS);
amending the provisions of the Local Government Small Rate (Schedule G2);
amending the provisions of the Local Government Rate (Schedule G1); amending the
provisions of the Weekend Service Rate (Schedule WK); amending the provisions of
the Athletic Field Rate (Schedule AF); amending the provisions of the Street Lighting
Rate (Schedule LS); amending the provisions of the Traffic Lighting Rate (Schedule
LT); amending the provisions of the Unmetered School Zone/Crossing Flashers Rate
(Schedule UFL); amending the provisions of the Unmetered Traffic Lighting Rate
(Schedule ULT); amending the provisions of the Unmetered Security Camera Rate
(Schedule USC); amending the provisions of the Unmetered Wi-Fi Devices Rate
(Schedule UWF); amending the provisions of the Other Lighting Rate (Schedule LO);
amending the provisions of the Non Standard Street Lighting Rate (Schedule DSL);
amending the provisions of the Temporary Service Rate (Schedule T1); amending the
provisions of the Economic Growth Rider (Schedule EGR); amending the provisions
of the GreenSense Incentive Program (Schedule GIP); amending the provisions of the
Energy Cost Adjustment Rate (Schedule ECA); amending the provisions of the
Renewable Cost Adjustment Rate (Schedule RCA); amending the provisions of the
Transmission Cost Recovery Factor Rate (Schedule TCRF); amending the provisions
of the Distributed Generation From Renewable Sources Rider (Schedule DGR);
amending the provisions of the Independent Wholesale Generator Rate (Schedule
IWG); amending the provisions of the Commercial Renewable Energy Service Rider
(Schedule CGR); amending the provisions of the Special Facilities Rider (Schedule
SFR); amending the provisions of the Dark Fiber Rate (Schedule DFR); amending
the provisions of the Pole Attachment Fee (Schedule PAF); adding the provisions of
the Banner Install Fee (Schedule BIF); adding the provisions of the Wireless Node
Attachments (Schedule WNA); adding the provisions of the Wireless Node
Unmetered (Schedule WNU); providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2017-257
B. ID 17-871 Consider adoption of an ordinance of the City of Denton, Texas setting the
Energy Cost Adjustment (Schedule ECA) rate, Renewable Cost Adjustment
(Schedule RCA) rate, and Transmission Cost Recovery Factor (Schedule TCRF) rate
in accordance with terms and conditions of these rates as stated in the 2017 Electric
Rate Service Schedule ordinance; providing for a repealer; providing for a
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September 19, 2017
Page 10
severability clause; and providing an effective date. The PUB recommends approval
(5-0).
Ordinance No. 2017-258
C. ID 17-1056 Consider adoption of an ordinance authorizing the City Manager of the
City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement
Grant and Abandonment Agreement ("Agreement"), as attached thereto and made a
part thereof as Exhibit "A", by and between the City and JNJ Prominence Square, LP
("Landowner"), providing for (I) the grant to the City of three (3) Sanitary Sewer
Easements, encumbering a 0.545 acre tract, a 0.414 acre tract and a 0.132 acre tract
being more particularly described in the Sanitary Sewer Easements, being attached to
and made a part of the Agreement; and (II) two (2) Temporary Construction
Easements encumbering a 0.570 acre tract of land and a 0.417 acre tract of land being
more particularly described in the Temporary Construction Easements, being attached
to and made a part of the Agreement; and (III) the Abandonment and Release by the
City of that certain Sanitary Sewer Easement, dated on November 9, 1972, from 288
Junction to the City, recorded in Volume 659, Page 569, Deed Records, Denton
County, Texas, and the Partial Abandonment and Release of a portion of that certain
Public Utility Easement, dated November 6, 1997 from 288 Junction to the City,
recorded as Document Number 97-082593, Real Property Records, Denton County,
Texas, all tracts of real property being situated in the William Lloyd Survey, Abstract
No. 774 and the M.E.P. & P.R.R. Survey, Abstract 1469, generally located in the
1400 block of North Loop 288; and (IV) the construction by the City of Denton of
approximately 383 linear feet of 15-inch sanitary sewer line valued at $58,000 for the
benefit of the Landowner; providing a savings clause; and providing an effective date.
(Cooper Creek I Sanitary Sewer Interceptor project - Parcel 3 - JNJ Prominence
Square) \[Public Utility Board recommends approval 6-0\]
Ordinance No. 2017-259
D. ID 17-1066 Consider adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving the expenditure of funds for Altec equipment repair
services for the City of Denton Fleet Services Department. Due to the risk and liability
involved in repair and maintenance of aerial equipment, these units are repaired by
Altec factory trained and qualified field service technicians. Therefore this system is
available from only one source and in accordance with Texas Local Government
Code 252.022, provides that procurement of commodities and services that are
available from one source are exempt from competitive bidding; and if over $50,000
shall be awarded by the governing body; and providing an effective date (File 6434-
awarded to Altec Industries, Inc. in the three (3) year not-to-exceed amount of
$200,000).
Ordinance No. 2017-260
E. ID 17-1102 Consider adoption of an ordinance approving a utility reimbursement
agreement between the City of Denton and Atmos Energy; providing for the payment
of two hundred twenty thousand seventy eight dollars and ten cents ($220,078.10) to
Atmos Energy for the relocation of its "F-8 (2nd)" gas pipeline located in the 1000
block of South Mayhill Road in conjunction with the current Mayhill Widening and
City of Denton City Council Minutes
September 19, 2017
Page 11
Improvements project; authorizing the City Manager to execute the agreement; and
providing an effective date. (Mayhill Widening and Improvements project - gas
pipeline conflict)
Ordinance No. 2017-261
F. ID 17-1119 Consider adoption of an ordinance approving a Discretionary Services
Agreement between the City of Denton and Oncor Electric Delivery Services
Company, LLC for the rearrangement of Oncor electric facilities in conflict with the
planned improvements of the current Mayhill Road project, ranging from McKinney
Street north to Russell Newman Boulevard; providing for the payment of two hundred
and forty eight thousand four hundred thirty seven dollars ($248,437.00); authorizing
the City Manager to execute the agreement; and providing an effective date. (Mayhill
Widening and Improvements project - Oncor Electric WR#3202549)
Ordinance No. 2017-262
G. ID 17-1120 Consider adoption of an ordinance approving a Discretionary Services
Agreement between the City of Denton and Oncor Electric Delivery Services
Company, LLC for the rearrangement of Oncor electric facilities in conflict with the
planned improvements of the current Mayhill Road project, ranging from Edwards
Road north to the 1500 Block of South Mayhill Road; providing for the payment of
ninety thousand one hundred fifty six dollars ($90,156.00); authorizing the City
Manager to execute the agreement; and providing an effective date. (Mayhill
Widening and Improvements project - Oncor Electric WR#3202552)
Ordinance No. 2017-264
K. ID 17-1211 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of electric transmission line pole hardware and
conductor attachments for Denton Municipal Electric to be stocked in the City of
Denton Distribution Center; providing for the expenditure of funds therefor; and
providing an effective date (RFP 6412-awarded to Techline, Inc. in the three (3) year
not-to-exceed amount of $180,000 and Irby Utilities in the three (3) year not-to-
exceed amount of $200,000 for a total three (3) year not-to-exceed amount of
$380,000).
Ordinance No. 2017-265
L. ID 17-1213 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of traffic signal hardware including signal heads,
backplates, tunnel visors, camera systems and cabinets for the City of Denton Traffic
Division; providing for the expenditure of funds therefor; and providing an effective
date (RFP 6357-awarded to multiple vendors for a total three (3) year amount not-to-
exceed amount of $1,326,093.12).
Ordinance No. 2017-266
M. ID 17-1214 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
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September 19, 2017
Page 12
Code, to authorize the City of Denton to obtain Digital 2017 Orthophotography data
from the NCTCOG Geographic Information System; authorizing the expenditure of
funds therefor; and providing an effective date (File 5590 Interlocal Agreement with
the North Central Texas Council of Governments for a not-to-exceed amount of
$39,865.00).
Ordinance No. 2017-267
N. ID 17-1215 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 2017 2-D Planimetric Mapping Update; 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 $68,040.00).
Ordinance No. 2017-268
O. ID 17-1216 Consider adoption of an ordinance accepting competitive bids and
awarding a public works contract for the construction of the Mockingbird Lane
Reconstruction Project with geographical limits beginning at East McKinney Street
north to Paisley Street and from Audra Lane south to Newport Avenue; providing for
the expenditure of funds therefor; and providing an effective date (IFB 6509C-
awarded to the lowest responsible bidder meeting specification, The Lane
Construction Corporation in the amount of $1,103,720.75).
Ordinance No. 2017-269
P. ID 17-1217 Consider adoption of an ordinance of the City of Denton, Texas amending
the Fiscal Year 2016-2017 Budget and Annual Program of Services of the City of
Denton to allow for adjustments to the General Fund of four million, two hundred five
thousand one hundred seventy three dollars ($4,205,173) for the purpose of funding
improvements, equipment and other expenses, the Electric Fund of thirteen million
dollars ($13,000,000) for the purpose of funding higher purchased power
expenditures; declaring a municipal purpose; providing a severability clause;
providing an open meetings clause; and providing for an effective date.
Ordinance No. 2017-270
Q. ID 17-1218 Consider adoption of an ordinance authorizing the City Manager to
execute an Interlocal Participation Agreement with the Public Employee Benefit
Alliance under section 791.001 of the State of Texas Government Code, and to
authorize the City of Denton to participate in the Deer Oaks Employee Assistance
Program; authorizing the expenditure of funds therefor; and declaring an effective
date (File 6537-Cooperative Program Agreement with the Public Employee Benefit
Alliance for Employee Assistance Program in the not-to-exceed amount of $87,000).
City of Denton City Council Minutes
September 19, 2017
Page 13
Ordinance No. 2017-271
R. ID 17-1219 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance 2016-
040 relating to the dollar amount reflected in backup provided for RFP Number 5925,
awarded to Denton Lawn Sprinkler, Inc. and D&D Commercial Landscape
Management; and providing an effective date.
Ordinance No. 2017-273
U. ID 17-1241 Consider adoption of an ordinance of the City of Denton, Texas amending
the schedule of rates for solid waste service contained in Ordinance No. 2016-273 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
amendments to the solid waste & recycling services definitions & additional details;
providing for a repealer; providing for a severability clause; and providing an
effective date. The Public Utilities Board recommends approval (7-0).
Ordinance No. 2017-274
V. ID 17-1242 Consider adoption of an ordinance amending the schedule of water rates
contained in Ordinance No. 2016-274 for water service rates and water rates;
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); amending the wholesale raw water
pass through rate to Upper Trinity Regional Water district from Lake Chapman into
Lake Lewisville (Schedule WCL); amending the special facilities rider; amending the
special conditions rider; providing for a repealer; providing for a severability clause;
and providing for an effective date. The Public Utilities Board recommends approval
(7-0).
Ordinance No. 2017-275
W. ID 17-1243 Consider adoption of an ordinance amending the schedule of wastewater
rates contained in Ordinance No. 2016-275; providing for an amendment in the rates
for dyno dirt products (Schedule CWM); amending the collection and transportation
services permit (Schedule SWP); amending the special facilities rider; amending the
special conditions rider; providing for a repealer; providing for a severability clause;
and providing for an effective date. The Public Utilities Board recommends approval
(7-0).
Resolution No. R2017-037
X. ID 17-1267 Consider approval of a resolution approving the City of Denton’s
Strategic Plan for FY2017-18; and providing for an effective date.
City of Denton City Council Minutes
September 19, 2017
Page 14
Ordinance No. 2017-276
Y. ID 17-1272 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for Janitorial Services for City of Denton buildings; providing
for the expenditure of funds therefore; and providing an effective date (RFP 6475-
awarded to AHI Facility Services, Inc. in the five (5) year not-to-exceed amount of
$3,425,000).
Ordinance No. 2017-277
Z. ID 17-1310 Consider adoption of an ordinance of the City of Denton adopting and
approving fees related to implementation of Chapter 284, Tex. Local Gov’t Code;
and, providing an effective date.
Ordinance No. 2017-278
AA. ID 17-1312 Consider adoption of an ordinance of the City of Denton ("City")
authorizing the Mayor to act on the City’s behalf in executing an amendment to the
Joint Operating Agreement ("JOA") by and between, and among Texas Municipal
Power Agency, ("Agency") and the Cities of Bryan, Denton, Garland and Greenville
("Parties") and acknowledging effective notice from the Agency regarding its intent
to issues transmission debt (as defined in the JOA) and approving such issuance by
the Agency.
Council considered the Items pulled for separate consideration.
Resolution No. R2017-035
H. ID 17-1172 Consider adoption of a resolution approving the City of Denton’s
GreenSense Incentive Program, the GreenSense Incentive Program Manual, and
Distributed Generation Manual for FY 2017-18; and providing for an effective date.
The PUB recommends approval (5-0).
Jessica Rogers, Energy Servicers Manager, presented information on a Sustainable Denton update,
the GreenSense Incentive Program; proposed updates to the GreenSense incentives; Distributed
Generation manual; and the SolSmart designation.
Willie Hudspeth submitted a Speaker Card and indicated that the rebate for solar panels should be
increased and better information was needed on the program.
Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-263
I. ID 17-1178 Consider adoption of an ordinance adopting a Schedule of Fees for
cemeteries and use of certain park facilities; superseding all prior fees in conflict with
such schedule; and providing for severability and an effective date.
City of Denton City Council Minutes
September 19, 2017
Page 15
Council Member Hudspeth questioned several of the rates for the use of park facilities. Emerson
Vorel, Director of Parks and Recreation, responded to those questions noting that all fees were
increased by 50% this year in order to be closer to full cost recovery.
Council Member Gregory motioned, Council Member Hudspeth seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Council Member Briggs "nay". Motion carried with a 6-1 vote.
Resolution No. R2017-036
J. ID 17-1201 Consider approval of a resolution of the City of Denton, Texas, approving
a policy for the Employee Volunteer Impact Program (VIP); and providing an
effective date.
Carla Romine, Director of Human Resources, stated the program was a volunteer program for
employees to volunteer in the community. Tiffany Thompson, Customer Service Manager,
presented the details on the program.
Willie Hudspeth submitted a Speaker Card asking why there were no African Americans pictures
in the powerpoint presentation.
Council Member Briggs motioned, Council Member Gregory seconded to approve the resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-272
S. ID 17-1237 Consider adoption of an ordinance of the City of Denton amending the
schedule of fees contained in Ordinance 2017-073 by amending the public hearing
notification fee as authorized by the Denton Development Code for the City of
Denton, Texas; providing for a severability clause and an effective date.
Council Member Hudspeth suggested substituting black and white printing for the color printing.
He questioned how the mailings would be tracked.
Ron Menguita, Long Range Planning Administrator, stated that the Post Office tracking system
would be used for the mailings. Staff suggested color for the mailings as it would provide better
reading of the notices.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance as
presented. On roll call vote, Council Member Briggs "aye", Council Member Duff "aye", Council
Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor
Watts "aye". Council Member Hudspeth "nay". Motion carried with a 6-1 vote.
T. ID 17-1240 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. 2016-
City of Denton City Council Minutes
September 19, 2017
Page 16
276; providing for a repealer; providing for a severability clause; providing for an
effective date. The Public Utilities Board recommends approval (7-0).
Council Member Briggs noted that she was not ready to vote on the ordinance due to the fees and
rates at some of the parks facilities.
Council Member Hudspeth stated he had the same reason.
Willie Hudspeth submitted a Speaker Card and noted that he did not agree on the procedure for
approval.
Council Member Briggs asked about the consequences if the Council delayed approval of the
ordinance.
Chuck Springer, Director of Finance, stated that there would be no changes to the fees. The current
ordinance did not have an ending date so the ordinance from last year would still be effective.
Council Member Briggs motioned, Council Member Hudspeth seconded to postpone the
ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye",
Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye",
Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
6.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2017-279
A. ID 17-945 Consider adoption of an ordinance of the City of Denton ("City") finding that a
public use and necessity exists to acquire fee simple title to a 10.129 acre tract of land situated
in the C.W. Byerly Survey, Abstract No. 1458, a drainage easement in a 0.430 acre tract of
land and a temporary construction easement in a 0.286 acre tract of land both situated in the
G. West Survey, Abstract No. 1393, City of Denton, Denton County, Texas (collectively the
"Property Interests"), for the expansion, construction, maintenance, and improvement of
electrical transmission lines, facilities and structures, including substations; authorizing the
City to acquire the Property Interests by either agreement or through the use of the power of
eminent domain to condemn the Property Interests if an agreement cannot be reached;
authorizing the expenditure of funds; making the findings; providing a savings clause and an
effective date. \[Underwood Substation\]
Brent Heath, Executive Manager of Energy Deliver, presented information on the Underwood
Substation, the external regulatory agencies involved in the process, location of the substation, and
history of the proposal.
Mayor Pro Tem Bagheri motioned “I move that the City of Denton, after having made the offers
required by State law, use the power of eminent domain, if needed, to acquire fee simple to the
surface estate of a 10.129 acre tract generally located at the southeast corner of FM 2449 and
Underwood Road, and being situated in the C.W. Byerly Survey, Abstract No. 1458, in the City
of Denton, Denton County, Texas, and to acquire a drainage easement in a 0.430 acre tract and a
City of Denton City Council Minutes
September 19, 2017
Page 17
temporary construction easement in a 0.286 acre tract, both in the G. West Survey, Abstract No.
1393, all more particularly described on Exhibits “A,” “A-1,” “B-1,” “A-2,” and “B-2” to the
ordinance now under consideration and on the overhead screen being now displayed to the
audience, all of which is for a valid public use necessary to provide the expansion, construction,
maintenance, operation, and improvement of electric transmission lines, facilities, and structures,
including substations, to serve the public and citizens of the City of Denton, Texas.” Council
Member Ryan seconded the motion. As the motion was read, Heath presented the legal description
of the property.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-280
B. ID 17-1144 Consider adoption of an ordinance of the City of Denton, Texas finding
that a public use and necessity exists to acquire easement interests in a 0.728 acre
tract of land situated in the Alexander Hill Survey, Abstract No. 623, for the public
use of, expansion, construction, maintenance, and operation of an electric
transmission line, ancillary facilities and structures; authorizing the City Manager, or
his designee, 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 his designee, to file eminent domain proceedings if necessary;
authorizing the expenditure of funding; makings findings; providing a savings clause,
and providing an effective date. \[Tract 37A - Spencer to Locust TM Line\]
Brent Heath, Executive Manager of Energy Delivery, presented information on the Spencer to
Locust Transmission line in terms of the Executive Summary, regulatory agencies involved, and a
location map for the substation.
Mayor Pro Tem Bagheri motioned, “I move that the City of Denton, after having made the offers
required by State law, use the power of eminent domain, if needed, to acquire easement interests
in a 0.728 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of
Denton, Denton County, Texas, and more particularly described on Exhibits “A” and “B” to the
ordinance now under consideration and on the overhead screen being now displayed to the
audience, all of which is for a valid public use necessary to provide the expansion, construction,
maintenance, operation, and improvement of electric transmission lines, facilities, and structures,
to serve the public and citizens of the City of Denton, Texas.” Council Member Gregory seconded
to adopt the ordinance. As the motion was read, Heath presented the legal description of the
property.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 19, 2017
Page 18
7.ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2017-281
A. ID 17-562 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.
Caroline Booth, Director of Economic Development, presented the details of the agreement. She
noted the background information, the specific changes of the contract, and key points.
Council discussed holding a mid-year review of the progress of the program.
Willie Hudspeth submitted a Speaker Card and felt that it was confusing what the Chamber
provided to the City for the dollars provided.
Council Member Ryan motioned, Council Member Gregory seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts
"aye". Mayor Pro Tem Bagheri "nay". Motion carried with a 6-1 vote.
Ordinance No. 2017-282
B. ID 17-1208 Consider adoption of an ordinance of the City of Denton, Texas amending
section 18-38 of the code of ordinances relating to the use of wireless communication
devices while operating a vehicle to provide that section 18-38 shall not regulate or
prohibit reading, writing, or sending electronic messages while operating a vehicle
because this activity is regulated and prohibited by state law; providing a repealer
clause; providing a savings clause; providing for a penalty not to exceed $200 for
violations of this ordinance; and providing for an effective date.
Lee Howell, Chief of Police, presented an update on the use of wireless communication devices
while driving. He noted that the legislature changed the law but this amendment would keep the
current city ordnance intact. Texting would apply to State law, talking on phone would fall under
the city ordinance.
Council discussed whether the current signs would still be appropriate,
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts
"aye". Mayor Pro Tem Bagheri "nay". Motion carried with a 6-1 vote.
Ordinance No. 2017-283
C. ID 17-1209 Consider adoption of an ordinance establishing a schedule of fees for the
operation of Stoke Denton Entrepreneur Center for the City’s initiative to diversify
Denton’s economy by supporting entrepreneurs and fostering early stage tech and
tech-enabled businesses; providing a severability clause; providing for publication;
and providing for an effective date.
City of Denton City Council Minutes
September 19, 2017
Page 19
Council Member Gregory stated that as the City was no longer under contract with the Dallas
Entrepreneurial Center for operation of Stoke, he no longer needed to recuse himself from
discussion and voting on Items C, D, E and F.
Caroline Booth, Director of Economic Development, presented the Stoke transition items. She
reviewed the background of the purpose of Stoke, and the various ordinances that were required
in order for the City to manage Stoke. The provisions of the four ordinances were noted.
Willie Hudspeth submitted a Speaker Card noting that there were no African Americans at the
space.
Mayor Watts questioned if insurance was required for special events at the Center.
Larry Collister, Deputy City Attorney, stated that those requirements could be added later if
needed.
Council discussed whether to require general liability insurance.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-284
D. ID 17-1276 Consider adoption of an ordinance approving a uniform membership
agreement for the City’s Stoke Denton Entrepreneur Center; authorizing the City
Manager or designee to execute the membership agreement as needed; providing for
a repealer; providing for a severability clause; and providing for an effective date.
Council Member Hudspeth motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-285
E. ID 17-1304 Consider adoption of an ordinance approving a uniform facilities use
license agreement for the City’s Stoke Denton Entrepreneur Center; authorizing the
City Manager, or designee to execute the facility use license agreement as needed;
providing for a repealer; providing for a severability clause; and providing for an
effective date.
Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 19, 2017
Page 20
Ordinance No. 2017-286
F. ID 17-1210 Consider adoption of an ordinance authorizing the form of agreement for
special events at Stoke Denton Entrepreneur Center; delegating the authority for the
City Manager to execute said agreements; and providing for an effective date.
Council Member Ryan motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2017-287
G. A17-0005 Consider adoption of an ordinance of the City of Denton, Texas, setting a
date, time, and place for two public hearings on the proposed annexation of certain
properties generally located north of Long Road and west of FM 428 by the City of
Denton, Texas, authorizing and directing the City Secretary to publish notice of such
public hearings.
Ron Menguita, Long Range Planning Administrator, presented information regarding notification
of an upcoming public hearing for annexation as well as the annexation schedule. The public
thth
hearings would be held on October 7 at 6:30 p.m. and October 24 after the completion of the
Council Work Session.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
8. PUBLIC HEARINGS
Ordinance No. 2017-288
A. DCA17-0008a Hold a public hearing and consider adoption of an ordinance for
proposed revisions to the Denton Development Code; specifically to amend
Subchapters 5 and 23 pertaining to medical land use categories and definitions. The
Planning and Zoning Commission voted 5-0 to approve the request. (DCA17-0008,
Medical Uses).
Hailey Zagurski, Senior Planner, presented information on the amendment of the Denton
Development Code regarding medical land use categories and definitions. She reviewed the
background information on the recommendation. The definitions and use categories that applied
to medical services were noted. The intent of the ordinance was to align new and existing
definitions with State regulations and align definition with specific land use categories based on
functionality. The Planning and Zoning Commission recommended approval as did staff.
Council Member Gregory expressed concern that no Work Session had been held on these
proposed changes.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 19, 2017
Page 21
Emily Seiple submitted a Comment Card in support.
Kathryn Parker submitted a Comment Card in support.
The following individuals submitted Speaker Cards:
Deborah Ridge, 1511 Hunters Ridge, Denton, 76205 - spoke in favor with a time period
Charles Parker, 1524 Hunters Ridge, Denton, 76205 - spoke in support
The Mayor closed the public hearing.
Council discussed whether the proposed changes would affect permits already in process and a
scenario if the current use of such a facility went vacant.
Council Member Gregory requested a Closed Session briefing on the issue.
Mayor Watts felt there were two issues to consider. One was the modification of code which he
would like more presentation on the proposal. The other was the issue of the building under current
construction.
Council Member Gregory stated that he would withdraw his request for legal consultation if there
was a motion to postpone.
Mayor Pro Tem Bagheri stated that the amendment was not related to the current facility under
construction. A change in the code would not apply to that project.
Council Member Hudspeth motioned to approve the ordinance with a request to hold a Work
Session regarding the facility under construction including a discussion the minutes from the
meeting where the facility was approved.
Council Member Ryan felt that he would like a Work Session but questioned if the ordinance could
be reconsidered at the next meeting if that was the direction of Council.
Interim City Attorney Leal stated that no amendment could be considered without going to the
Planning and Zoning Commission and then Council.
Council discussed whether to approve the ordinance as presented at this meeting, whether to
postpone consideration until a Work Session could be held on the changes, and whether approval
of the proposed changes would close the loop hole regarding 24 hour emergency services.
Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 19, 2017
Page 22
9. 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 Briggs requested a Work Session on recorded rules of procedures.
Council Member Briggs requested a report regarding the height of the landfill included in the SUP.
Council Member Duff requested information on producing energy from the steam from the heat
of the DEC
Mayor Pro Tem Bagheri requested a Closed Session followed by public hearing on SB4.
Council Member Ryan asked a Work Session regarding information on the appeals process for
development uses.
Mayor Watts asked for information on how to determine uses not present in the use table.
Mayor Watts requested Council be more specific when pulling items for individual consideration
from the Consent Agenda.
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 9:42 p.m.
________________________________ ________________________________
CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS