September 11, 2018 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 11, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 11, 2018 at 2:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor
Pro Tem Ryan, Council Member Armintor, and Council Member Meltzer.
ABSENT: Mayor Watts.
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 11, 2018.
Staff responded requests for clarification from Council on the following items:
Council Member Briggs- Item D - consider individually; Item F
Council Member Hudspeth - Item F; Item G; Item O
3. Work Session Reports
A. ID 18-1196 Receive a report, hold a discussion, and give staff direction regarding gas well
setback distances, including the history of setbacks in Denton and current setback
requirements in other area cities.
Kenny Banks, General Manager of Utilities, presented the staff report regarding the gas well
setbacks distances. He noted the setback history in terms of approved ordinances and the
provisions associated with those ordinances, setback history summary; comparison of setback
distances in Tarrant and Denton counties; legal perspectives on setbacks; options for consideration.
Council discussed:
Whether the City had been sued over the current regulations
How the current setbacks worked
Whether there were any lawsuits filed under the House Bill provisions
The difference between setback and reverse setback
Whether there was a map on the City's website showing the locations of gas wells in the City
Whether new scientific information on setbacks would have an effect on Denton's requirements
The definition of "preemption" and whether that was probable with the Texas legislature
Inspections did not always protect the health and safety of citizens
Council discussed the proper distance for setbacks and reverse setbacks in terms of:
300 feet with notification to homeowner/renter
Proper notification for families living near a gas well for health and safety of children
Whether there were any wells closer than 250 feet in the city limits
Gas wells closer than 250 feet were approved a number of years ago when the only regulation
was the fire code
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Page 2
Suggestion to have a 500 foot setback for a protected use and 300 feet for unprotected uses
with a means of getting a variance for the setbacks
Consider 600 feet if a developer was willing to do so
Consider sending the issue to the Committee on the Environment, Planning and Zoning
Commission or sustainability Department for recommendations
Whether 1500 feet was a reasonable reverse setback
1500 feet would probably be a takings claim from a developer.
Pros and cons for various setback distances in terms of health and safety, takings claims,
measuring distances for the setbacks
Consensus of the Council was to consider the item at a later date after committee review and
additional information as requested. Have the Committee on Citizen Engagement consider a
survey regarding the notification process.
B. ID 18-1237 Receive a report, hold a discussion, and provide staff direction regarding
potential revisions to the Code of Ordinances to address tie-votes.
Rachel Wood, Assistant to the City Manager, presented information on the tie votes provision in
the Council's Rules of Procedure. She noted the current issue and options to address tie-vote
provisions.
Council discussed:
The reasoning for revising the supermajority vote
Effect on possible delays for prospective developments at the Planning and Zoning
Commission level
Whether the supermajority vote was needed
Whether failure at Planning and Zoning should still be supermajority at Council
Consider a time limit for scheduling an item in the event of a tie
Consensus of Council was to consider Option 4 with a simple majority vote due to a tie vote;
provide a definition for recusal and extended absence; a denial from Planning and Zoning would
still require a supermajority; a tie vote from Planning and Zoning would be a simple majority.
C. ID 18-1336 Receive a report, hold a discussion, and give staff direction regarding the FY
2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
Tony Puente, Director of Finance, presented an update on proposed changes to the budget and
noted the Parks and Recreation fees would also be reviewed.
Council discussed the Customer Service $20 late fee in terms of fees for residential, small
businesses and large businesses as well as a percentage versus a flat fee.
Consensus was to keep the residential fee at $20 as well as the commercial fee at $20 until
February.
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Gary Packan, Director of Parks and Recreation, presented revenue/expenditure background
information on the Water Park as well as an update on revenue/expenditure projection as noted
from prior council direction. He reviewed the deficit for this fiscal year and next steps in the
process in terms of implementation of an Aquatic Assessment Action Plan.
Council discussed that a reduction of fees might increase attendance; consider a special promotion
offer to help increase sales; and that Council did not need to micromanage.
Puente provided a recap of budget changes in terms of the General Fund, Electric Fund, Downtown
Tax Increment Reinvestment Zone Fund, Tree Mitigation Fund, Police Confiscation Fund. He
noted the original proposed versus revised proposed property tax rate, the revised General Fund
forecast, and next steps in the budget process.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 18-1256 Consultation with Attorneys - Under Texas Government Code Section 551.071
Received information from the City’s attorneys and discuss legal status, strategy and possible
resolution or litigation in Cause No. 17-3526-211, styled "Deborah Knabe v. Allison A.
Vetere and the City of Denton, Texas" pending in the 211th Judicial District Court, Denton
County, Texas; 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.
B. ID 18-1391 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 competitive and financial public power information from staff related to the Power
Purchase Agreement between the City of Denton, as the seller of power and electric energy
services, and Texas Woman’s University, as the buyer of power and electric energy services;
discuss, deliberate, and make recommendations to City Council regarding the same.
Consultation with the City’s attorneys regarding legal issues associated with the above
matters 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.
C. ID 18-1461 Consultation with Attorneys - Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues associated with gas well setback
distances 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
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September 11, 2018
Page 4
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.
This item was not considered.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2.PROCLAMATIONS/PRESENTATIONS
A. ID 18-1396 Fall Prevention Awareness Day
Mayor Pro Tem Ryan presented the proclamation for National Fall Prevention Awareness Day.
B. ID 18-1397 Pain Awareness Month
Mayor Pro Tem Ryan presented the proclamation for Pain Awareness Month.
C. ID 18-1398 Constitution Week
Mayor Pro Tem Ryan presented the proclamation for Constitution Week.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
This item was not considered as there were no schedule reports and no additional citizen report
requests.
4.CONSENT AGENDA
Council Member Hudspeth motioned, Council Member Armintor seconded to approve the Consent
Agenda and accompanying ordinance and resolutions with the exception of Item D which was
considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member
Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member
Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously.
Ordinance No. 18-771
A. ID 18-771 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, accepting competitive proposals and awarding a
public works contract for the Supply of Overhead Electric Distribution Services for
the City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 6582- awarded to Primoris T&D Services, LLC, for one (1) year,
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September 11, 2018
Page 5
with the option for two (2) additional one (1) year extensions, in a total not-to-exceed
amount of $900,000 for all years). The Public Utilities Board recommends approval
(7-0).
Ordinance No. 18-1233
B. ID 18-1233 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the supply of liquid oxygen for the Water Department to Airgas USA, LLC;
providing for the expenditure of funds therefor; and providing an effective date (IFB
6785-awarded to Airgas USA, LLC, for one (1) year, with the option for two (2)
additional one (1) year extensions, in a total not-to-exceed amount of $250,000 for all
years).
Ordinance No. 18-1304
C. ID 18-1304 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal cooperation, authorizing the City Manager to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 507-16,
for the Purchase or Rental of Uniform for City of Denton employees; authorizing the
expenditure of funds therefor; and providing an effective date (File 6839- awarded to
G&K Services, a Division of Cintas, for a three (3) year not-to-exceed amount of
$500,000).
Ordinance No. 18-1344
E. ID 18-1344 Consider adoption of an ordinance by the City of Denton authorizing the
City Manager, or his designee, to accept the Comprehensive Selective Traffic
Enforcement (STEP) grant (Grant No. 2019-Denton PD-S-1YG-00044) in the amount
of $88,536.68 from the U.S. Department of Transportation passed through the Texas
Department of Transportation for the period of October 1, 2018 through September
30, 2019; and providing an effective date.
Ordinance No. 18-1408
F. ID 18-1408 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Denton Community Market for
Staff Time and Portable Restrooms; providing for the expenditure of funds in the total
amount of Five Hundred Dollars ($500); and providing an effective date.
Confirmed the appointment noted below
G. ID 18-1413 Consider and confirm the appointment by the City Manager of Lilyan
Prado Carrillo to the Civil Service Commission.
Ordinance No. 18-1416
H. ID 18-1416 Consider adoption of an ordinance of the City of Denton releasing,
abandoning, and vacating a 1.139 acre public utility easement granted to the City of
Denton by Good Samaritan Village of Denton County, recorded as Instrument No.
1997-R0034793, Real Property Records, Denton County, Texas; providing for
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September 11, 2018
Page 6
severability and an effective date. (Good Samaritan Addition - easement
abandonment)
Ordinance No. 18-1417
I. ID 18-1417 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to approve the
purchase of one (1) trailer mounted Fire Pump Testing and Training Simulator for the
Fire Department to FD International, Inc.; providing for the expenditure of funds
therefor; and providing an effective date (IFB 6853 - awarded to FD International,
Inc., in the not to exceed amount of $61,700).
Ordinance No. 18-1418
J. ID 18-1418 Consider adoption of an ordinance of the City of Denton releasing,
abandoning, and vacating an electric transmission line easement granted to the City
of Denton by Ethel Lee Bush, recorded in Volume 488 Page 289, Deed Records,
Denton County, Texas; providing for severability and an effective date. (Bellaire
North Addition - electric transmission easement abandonment)
Ordinance No. 18-1419
K. ID 18-1419 Consider adoption of an ordinance releasing, abandoning, and vacating
(I) a 0.352 acre drainage easement granted to the City of Denton by Kelsoe & Riley,
LLC, recorded as Instrument No. 2015-145562, Real Property Records, Denton
County, Texas and (II) a 1.286 acre drainage easement granted by Pitner Family
Limited Partnership, recorded as Instrument No. 2015-145563, Real Property
Records, Denton County, Texas; providing for severability and an effective date.
(Ryan Meadows Phase II Addition - drainage easement abandonments)
Ordinance No. 18-1428
L. ID 18-1428 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute an
Administration of IRS Section 125 Flexible Spending Accounts for Medical Care and
Dependent Care Service contract with Discovery Benefits, Inc. for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6798- awarded to Discovery Benefits, Inc. in the five (5) year not-to-exceed amount
of $166,276).
Ordinance No. 18-1432
M. ID 18-1432 Consider adoption of an ordinance of the City of Denton, Texas,
amending Ordinance No. 18-163 related to the duration of the Professional Services
Agreement with Innovative Transportation Solutions, Inc. for Transportation
Services; providing an effective date (RFQ 6610- providing for a two (2) year contract
in the amount of $252,000, with three (3) one-year options to renew for a not-to-
exceed total award of $630,000).
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Page 7
Approved the minutes listed below
N. ID 18-1434 Consider approval of the minutes of July 17, July 24, August 2, August
6, August 7, August 14, and August 21, 2018.
Ordinance No. 18-1452
O. ID 18-1452 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation, authorizing and approving the City Manager, or his
designee, to expend funds to the Denton County Friends of the Family, as a
contractual consultant, in the amount of $39,395.00 under the Domestic and Sexual
Violence Initiative Grant (Grant No. 2016-VF-GX-K024) from the International
Association of Chiefs of Police (IACP), with said expenditure being administered by
the City of Denton for prevention of domestic and sexual violence, for a period from
January 1, 2018 through September 30, 2019; and providing an effective date.
Item D was considered.
Ordinance No. 18-1315
D. ID 18-1315 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas providing for, authorizing, and approving the execution by the City
Manager of an amendment to extend the Power Purchase Agreement by and between
the City of Denton, Texas and the Texas Woman’s University; providing for an
effective date. The Public Utilities Board recommends approval (6-0).
George Morrow, General Manager-DME, indicated that he was available for questions.
Council Member Hudspeth motioned, Council Member Meltzer seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 18-915 Consider adoption of an ordinance authorizing a development agreement
between the City of Denton and Marker Stone Realty Partners I, LLC and Marker
Stone Realty Partners II, LLC; providing for acquisition of necessary property
interest, installment of critical infrastructure, and provision of electrical services;
authorizing the City Manager to execute the agreement, and providing for an effective
date. (Evers Way and Beall Way Additions)
This item was not considered.
Ordinance 18-1159
B. ID 18-1159 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.
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Page 8
Caroline Booth, Director of Economic Development, presented information concerning the
agreement with the Denton Chamber of Commerce. She reviewed the agreement provisions which
were enhanced from the past agreements. Options for consideration were noted. Staff
recommended to renew the agreement.
Council discussion included:
Whether this was the sole source of funding for the Chamber
Future agreement funding should come from the General Fund and not from utility funds
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", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
Ordinance 18-1382
C. ID 18-1382 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager or his designee, to execute a Decommissioning Escrow
Agreement among and between the Texas Municipal Power Agency, the City of
Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City of
Greenville, Texas ("Cities") regarding the establishment of escrow for
decommissioning pursuant to the existing joint operating agreement between the
Cities and TMPA; and providing an effective date. The Public Utilities Board
recommends approval (7-0).
George Morrow, General Manager-DME, presented information on the TMPA decommissioning
Escrow Agreement. He noted background information on the agreement and authorization for the
agreement.
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", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
D. ID 18-1435 Consider nominations/appointments to the City’s Boards, Commissions,
and Committees: Health & Building Standards Commission; Historic Landmark
Commission; Library Board; Traffic Safety Commission; Zoning Board of
Adjustment; City Hall West Steering Committee; and Oak Gateway Area Plan
Steering Committee.
Jennifer Walters, City Secretary, presented the nominations as noted on the Nominations Sheet in
the council backup materials.
Council Member Briggs motioned, Council Member Armintor seconded to approve the
nominations as noted. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs
"aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye",
and Council Member Meltzer "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 11, 2018
Page 9
Ordinance 18-1444
E. ID 18-1444 Consider adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of up to $31,810,000 in principal amount of
"City of Denton Certificates of Obligation, Series 2018A"; authorizing the issuance
of the Certificates; delegating the authority to certain City officials to execute certain
documents relating to the sale of the Certificates; approving and authorizing
instruments and procedures relating to said Certificates; enacting other provisions
relating to the subject; and providing an effective date.
Tony Puente, Director of Finance, presented information on the issuance of the Certificates of
Obligation. He noted the purpose of the Notice of Intention that was previously approved, the CO
funded projects as well as the next steps in the process.
Council questioned the connection of South Mayhill.
Todd Estes, City Engineer, stated that the traffic funneled into Highway 2499 as it crossed under
I35E to make a clear connection of the roadway.
Council Member Hudspeth noted that Council was authorizing funding to potentially increase
traffic for Highway 2499
Council Member Briggs questioned the use of COs for the projects and what would happen to the
funding if one of the listed projects was not done.
Paul Williamson, Real Estate Manager, stated that street reconstruction funding would be paired
with street maintenance to help with the road projects throughout the city.
Robert Donnelly spoke on this item, presenting a history on the funding of Mayhill and questioned
the difference in the funding as based on the RTC funding and County matching funds.
City Manager Hileman presented the details on the differences in the funding arrangements in
terms of additional design costs for the bridge and landscaping, additional utility relocations and
right-of-way allocation. The County did not participate in this project as they worked with the
Bonnie Brae project and provided RTC funding for other projects around the city.
Council Member Hudspeth motioned, Council Member Meltzer seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
A. A18-0002a Conduct the first of two public hearings for a voluntary annexation of
approximately 86.47 acres of land generally located north of Hickory Creek Rd, and
south of Creekdale View by the City of Denton, Texas.
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Page 10
Cindy Jackson, Development Services, presented the details on the voluntary annexation. She
noted this was a voluntary annexation, presented the area for annexation, and the annexation
schedule.
The Mayor Pro Tem opened the public hearing.
Abra Nusser, applicant, spoke in favor
Matt Johnson, applicant, spoke in favor
LuAnn Autrey - spoke regarding the trees in the development
The Mayor Pro Tem closed the public hearing.
No action was needed on this item at this time.
B. ID 18-1337 Hold a second public hearing on a proposal to adopt a tax rate of
$0.620477 with a maximum allowable rate of $0.637856 per $100 valuation, which
will not exceed the lower of the effective or rollback tax rate.
Mayor Pro Tem Ryan noted that Items B and C would be presented together but voted separately.
The Mayor Pro Tem opened the public hearings for Items B and C.
Tony Puente, Director of Finance, presented the background information on the proposed tax rate.
He noted the budgetary priorities, property tax rate, revised proposed General Fund revenue,
Capital Improvement funding requests, total budget resource and expenditure summary; and next
steps in the process.
LuAnn Autrey spoke during the public hearing and asked that sidewalks be included in the street
budget.
Council Member Briggs read a letter from Aaron Kundall who was concerned about increased
taxes.
The Mayor Pro Tem closed the public hearing.
No action was required on this item at this time.
C. ID 18-1338 Hold a public hearing and receive citizen input on the FY 2018-19 Proposed
Budget.
The public hearing for this item was considered with Item B.
No action was required on this item at this time.
7. CONCLUDING ITEMS
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Page 11
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. B. Possible Continuation of Closed Meeting
topics, above posted.
Council Member Armintor
Staff report from Legal and the Public Health Department regarding options for the use of
medical cannabis for medical conditions for the citizens of Denton.
With no further business, the meeting was adjourned at 8:30 p.m.
_______________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
_______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS