April 17, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
April 17, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, April 17, 2012 at 3:00 p.m. in the Council Work
Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden
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 April 17, 2012.
Mayor Burroughs noted that there were substitute ordinances for Items D and I on the Consent
Agenda. Item I would be pulled for separate consideration.
City Attorney Burgess stated that Item D had a new ordinance due to added language from the
consultant. It would be discussed during the topic at the Work Session. Item I had a change in
the amount and reference to the relocation ordinance. The item was properly posted and Council
should be able to move forward with the corrected amount.
Council Member Roden noted that Consent Agenda Item P regarding the signage and the fact
that there was a sign with a date on it. He questioned if the date would be changed or the sign
updated.
Mark Nelson, Director of Transportation, stated that the sign would be updated and changed out.
Council Member Watts stated that minor changes were in Consent Agenda Item B and
questioned how the amount for the salaries for high skill paying jobs was determined.
Erica Sullivan, Economic Development Analyst, stated that staff pulled recent incentive salaries
from several companies to determine the amount.
Council Member Watts stated that his idea of a high paying job was not $37,000. A salary of
$37,000 per year for a single person was appropriate but not for a family. He felt it was a low
bar for a tax incentive when coupled with the term high paying job. He would rather leave that
out than consider that a definition of a high paying job.
Sullivan stated that the range was $31,000-$50,000 from the low to the high. The current
salaries were coming in lower than the 2.5 multiplier.
Mayor Burroughs asked what other cities did for criteria.
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April 17, 2012
Page 2
Sullivan stated that they did not spell out a dollar amount; it was just one of their subjective
determinations.
Council Member Watts felt that if that was going to be a policy it needed to be more open ended
and necessarily have that determination.
Mayor Burroughs noted that the item would be pulled for separate consideration.
3. Receive a funding recommendation report from the Community Development Advisory
Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a
discussion regarding the proposed 2012 Action Plan for Housing and Community
Development and give staff direction.
Barbara Ross, Community Development Administrator, stated the two committee chairs would
be presenting the committee recommendations to Council. There was a public hearing scheduled
for the regular meeting.
Gerard Hudspeth, Chair-Community Development Advisory Committee, presented the
committee recommendations. He indicated that there were a number of non-profit organizations
where the assistance had decreased somewhat with the allocated funds. He noted that Council
had been provided a list of projects funded for the past five years. He presented the
recommendations of the Committee for allocation of the funds.
Council Member Gregory questioned if the schools were not able to fund the entire request
would they be able to get additional funding or seek other funding.
Hudspeth stated they may have to reduce the scope of project but the Committee hoped the gap
would be closed with future funding.
Council Member Roden noted that the final vote was 5-3 for the budget and questioned why
three members did not approve the recommendations.
Hudspeth stated that each of the requestors had itemized their request from most to least
pressing. That was where the discussion came in and the difference in the vote.
Sheryl English, Chair-Human Services Advisory Committee, presented the committee
recommendations. She stated that need for human services in the City continued to grow. This
year some new non-profits had applied for funding with 17 total applications. She reviewed the
process for determining the priority of service needs.
Council Member Roden asked how Pedi Place, which was a Lewisville location and outside the
city limits, could be funded.
English stated that the Committee looked at the number of people from Denton going to the
Lewisville location.
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Council Member Gregory asked about the budget process as CASA already had their fair share
amount approved.
English stated that was the child advocacy program.
4. Receive a report, hold a discussion and give staff direction regarding the establishment of
a program to provide relocation advisory services and relocation financial assistance to
eligible persons or parties affected by City of Denton, Texas, real property interest
acquisitions related to street, roadway, utility and/or other public works construction,
improvement or expansion projects, as required by Senate Bill 18 entitled an "Act
Relating to the Use of Eminent Domain Authority".
Paul Williamson, Real Estate Manager, stated that as a result of Senate Bill 18, the City was
required to provide relocation assistance in accordance with the Federal Uniform Relocation
Assistance and Real Property Acquisitions Policy Act. An element of the law required that the
City formally adopt rules relating to the administration of its relocation assistance program.
Matt Lance, HDR Engineering, provided details on the program. He indicated that Senate Bill
18 required all governmental entities and political subdivisions to participate in this program. He
reviewed the history of the Act of 1970, the purposes of the Uniform Act and the definition of a
displaced person. Required notices included a general information notice, notice of relocation
eligibility, a 90 day notice and a 30 day vacate note. The notice had to be written in plain
understandable language, must be translated if an individual could not read or understand the
language, must indicate a contact name and phone number plus must be personally delivered or
sent by certified mail, return receipt requested.
Entitlement Program - elements in this program included meeting eligibility requirements; would
be in addition to the proceeds of acquisition; reimbursement would be for actual, reasonable and
necessary expenses; and would have to spend to get.
Potential Residential Relocation Issues – these issues included non-decent, safe and sanitary
residences; low income households; poor credit issues; multifamily occupancy of the displaced
dwelling; large numbers of residents occupying displaced dwelling; disabled or special needs
occupants; and language and cultural barriers.
Basic entitlements of residential displacements – these services included advisory services,
monetary assistance which included moving expenses and replacement of housing payments.
Types of residential moving options included the actual cost of a commercial move, the actual
cost of a self move, a fixed room count schedule or a combination of types.
Replacement housing payments for owner-occupants of 180 days or more included price
differential, increased mortgage interest costs, incidental expenses for replacement housing or a
rental assistance option. A combined total of these amounts could not exceed $22,500.
Price Differential – this provision provided the displaced person with financial assistance to
purchase and occupy a comparable replacement dwelling and site without involuntarily incurring
additional financial expense. The price differential payment was the amount by which the cost
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April 17, 2012
Page 4
of a comparable replacement dwelling exceeded the acquisition cost of the displacement
dwelling.
Adjustments could be made for major exterior attributes such as swimming pools, greenhouses,
storage sheds, patios, decks, fences, or significantly smaller lots. There were also eligibility
provisions for 180 day owner/occupants. Provisions for increased mortgage interest costs
included reimbursement of increased mortgage costs if the interest rate on the new mortgage
exceeded the amount of the present mortgage. Incidental expenses for replacement housing were
also included in the provisions.
Rental assistance option – if the displaced owner elected to rent a replacement dwelling, he may
be eligible for a rental assistance payment not to exceed what he would have received under the
price differential option. Provisions for the rental assistance payment were reviewed along with
the provisions for down payment assistance.
Eligibility of 90-day occupants included the displaced person must have occupied the property to
be acquired for at least 90 days prior to the initiation of negotiations and the displaced person
must rent or purchase by a down payment and occupy a decent, safe and sanitary dwelling within
one year of the date of move from the acquired property and must file a claim for payment within
18 months of the date of the move.
Last resort housing methods included providing additional or alternative assistance under the
provisions of last resort housing. Any decision to provide last resort housing assistance must be
adequately justified.
Business displacements benefits included advisory services, monetary benefits in terms of actual
moving and related expenses, and the re-establishment expenses or a fixed payment. The types
of business move options included actual cost of the commercial move, a negotiated self-move,
actual cost of a self-move or a combination of types. Lance reviewed actual moving and related
expenses, ineligible moving expenses, re-establishment expenses and ineligible re-establishment
expenses. Fixed move expenses could not be less than $1,000 or more than $20,000; was based
on business yearly net average earnings for the two years prior to displacement and had to meet
certain eligibility requirements. Filing claims for relocation benefits included specific
requirements for time of filing, deductions from payments, and documentation. Lance reviewed
the tax status of relocation benefits, rights of appeal and helpful relocation web links.
Mayor Burroughs asked if there were any elements that could have local amendments attached.
Lance replied no.
Mayor Burroughs stated that as time went by, the City could look at unique circumstances and
look at possible future modifications. Right now the city was required to go by the minimums.
He questioned who the head of the agency was.
Williamson stated that the ordinance indicated that the city of Denton was the agency and the
head of agency was Howard Martin or any designee.
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April 17, 2012
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Mayor Pro Tem Kamp questioned at what point these expenses were considered in the budget
and where the funding would come from.
Williamson stated that any project working for schematics would have an effect on the base line
numbers and those numbers would affect the total project.
Council discussed hypothetical situations for residents and businesses and what the City might
be responsible for in terms of the provisions of the program.
Frank Payne, City Engineer, stated that these relocation expenses were unaccounted and
unanticipated expenditures. Staff was working with the consultant in designing costs for
relocation expenditures. The City might have to become creative in bidding the project or the
final attributes of the project.
Council Member Roden questioned if the City offered relocation services before for this program
and what the policy guidance was before.
Williamson stated that prior to this program; the City got appraisals and went into contract terms
with the individuals. There was always the spirit of the relocation process but now there would
be a formal process to follow.
Council discussed any potential local options and how the program was a standard set of
regulations so everyone was treated the same.
Following the completion of the Work Session, the Council convened into a Closed Session to
discuss the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with City's attorneys regarding litigation strategy and the status of
litigation styled Jones v. City of Denton, Cause No. 2011-50255-367,
currently pending in the 367th District Court of Denton County.
2.Receive a briefing from the City's attorneys regarding an offer of
settlement received from the Texas Commission on Environmental
Quality, regarding Docket No. 2012-0092 MLM-E, Enforcement Case
43278 regarding the spill incident at the Lake Ray Roberts Water
Treatment Plant facility; and discuss, deliberate and provide the City's
attorneys with direction and recommendations regarding such legal
matter. A public discussion of this legal matter would conflict with the
duty of the City's Attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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April 17, 2012
Page 6
B.Deliberations Regarding Real Property - Under Texas Government Code, Section
551.072; Consultation with Attorneys - Under Texas Government Code, Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P. Railroad Survey, Abstract No. 1473,
M.E.P. & P.R.R. Survey, Abstract Number 1475, and the R.B.
Longbottom Survey, Abstract Number 775, Denton County, Texas, and
located generally in the 2500 block of McKinney Street, along the north
line of Paisley Street, east of Pace Drive, and along the south line of
Virginia Circle, just south of University Drive, all within the City of
Denton, Texas. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the real property
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.
C.Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code, Section 551.086; and Consultation with
Attorneys - Under Texas Government Code, Section 551.071.
1.Receive a briefing and presentation from staff, discuss and deliberate
regarding public power competitive and financial matters pertaining to
available power purchase alternatives and generation resources concerning
the City of Denton/Denton Municipal Electric; consult with the City's
attorneys regarding legal issues involved in said briefing and
presentation, where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
The Council convened into a Regular Meeting at 6:30 p.m. in the Council Chambers of 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. Proclamations/Awards
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April 17, 2012
Page 7
1. Denton Redbud Festival Day
Mayor Burroughs presented the proclamation for Denton Redbud Festival.
2. Presentation of Tree City USA Re-Certification
Courtney Blevens presented a Tree City USA re-certification to the city of Denton.
3. CONSENT AGENDA
Mayor Burroughs noted that Items 3B and 3I would be pulled for separate consideration and
there was an alternate ordinance for 3D for consideration.
Council Member King motioned, Council Member Watts seconded to approve the Consent
Agenda with the substitute ordinance for Item D and with the exception of Item B and I. On roll
call vote: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden –
“aye”. Motion carried unanimously.
Approved the Noise Ordinance request listed below.
A.Consider a request for an exception to the Noise Ordinance for the purpose of the fifth
Annual Beanstock Music Festival, sponsored by Cool Bean's Bar and Grill. The event
will be held at Cool Beans Bar and Grill located at 1210 W. Hickory Street on Saturday,
April 21, 2012, beginning at noon and concluding at 1:00 a.m. The exception is
requested for extension of the hours of operation for amplified sound. Staff recommends
approving the requested exception to the noise ordinance.
Ordinance No. 2012-072
C.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
execution of a Second Amendment to Right of Entry and possession, by and between the
City of Denton ("City") and the Denton County Transportation Authority ("DCTA"),
amending that certain right of entry and possession, between the City and DCTA, dated
May 3, 2011, granting DCTA access to the Downtown Denton Transit Center ("DDTC")
and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract
Number 1184, to conduct public transportation related operations; and providing an
effective date.
Ordinance No. 2012-073
D.Consider adoption of an ordinance establishing a program to provide relocation advisory
services and relocation financial assistance to eligible persons or parties affected by City
of Denton, Texas real property interest acquisitions related to street, roadway, utility
and/or other public works construction, improvement or expansion projects (a "project");
authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton City Council Minutes
April 17, 2012
Page 8
Ordinance No. 2012-074
E.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.424 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.241 acre tract, all tracts located in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of
expanding and improving Mayhill Road, a municipal street and roadway, authorizing the
City Manager or his designee to make an offer to George A. Calhoun and wife, Jannet D.
Calhoun to purchase the Property Interests for the purchase price of Eighty Three
Thousand One Hundred Eighty Two Dollars and No Cents ($83,182.00), and other
consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and
made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project)
Ordinance No. 2012-075
F.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.406 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.235 acre tract, all tracts located in the M.E.P. &
P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of
expanding and improving Mayhill Road, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Charles David Nelson and wife, Janet
L. Nelson to purchase the Property Interests for the purchase price of Eighty Four
Thousand Three Hundred Ninety Nine Dollars and No Cents ($84,399.00), and other
consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and
made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project)
Ordinance No. 2012-076
G.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.215 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.195 acre tract, all tracts located in the M.E.P. &
P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of
expanding and improving Mayhill Road, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Carl Kenneth Clay to purchase the
Property Interests for the purchase price of Sixty Eight Thousand Four Hundred Sixty
One Dollars and No Cents ($68,461.00), and other consideration, as prescribed in the
Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit
"B"; authorizing the expenditure of funds therefor; and providing an effective date.
(Mayhill Road Widening and Improvements project)
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April 17, 2012
Page 9
Ordinance No. 2012-077
H.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.996 acre tract in the M.E.P. & P.R.R. CO. Survey, Abstract
Number 927, City of Denton, Denton County, Texas, as more particularly described on
Exhibit "A", attached to the ordinance, located generally in the 1300 block of South
Mayhill Road (the "Property Interests"), for the public use of expanding and improving
Mayhill Road, a municipal street and roadway; authorizing the City Manager or his
designee to make an offer to Lee Ann Phillips to purchase the Property Interests for the
purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), as
prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as
Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective
date. (Mayhill Road Widening and Improvements project)
Ordinance No. 2012-079
J.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire an easement encumbering an approximate 0.911 acre tract located in the M.E.P.
& P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 2500 block of McKinney Street (the "Property Interests"), for the public use of
expanding and improving the Denton Municipal Electric distribution and transmission
system; authorizing the City Manager or his designee to make an offer to Gary Dennis
Dillard to purchase the Property Interests for the purchase price of One Hundred Thirty
Two Thousand Nine Hundred Eighty Three Dollars and No Cents ($132,983.00), and
other consideration, as prescribed in the Easement Purchase Agreement, as attached to
the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-080
K.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2431 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known
as Lot 20, Block A, of Bellaire Crossing, according to the plat thereof recorded in
Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the
north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public
use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Thirty One Thousand Seven Hundred Seventy Three Dollars and No Cents
($31,773.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
April 17, 2012
Page 10
Ordinance No. 2012-081
L.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2135 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known
as Lot 21, Block A, of Bellaire Crossing, according to the plat thereof recorded in
Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the
north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public
use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Thirty Thousand Two Hundred Twenty Eight Dollars and No Cents
($30,228.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-082
M.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.1905 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas known
as Lot 22, Block A, of Bellaire Crossing, according to the plat thereof recorded in
Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the
north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public
use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Twenty Six Thousand Nine Hundred Sixty Nine Dollars and No Cents
($26,969.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-083
N.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2025 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known
as Lot 25, Block A, of Bellaire Crossing, according to the Amending Plat thereof
recorded in Cabinet X, Page 111, Plat Records, Denton County, Texas, located generally
along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the
public use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Twenty Eight Thousand Six Hundred Seventy Two Dollars and No Cents
($28,672.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
April 17, 2012
Page 11
Ordinance No. 2012-084
O.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 1.91 acre tract located in the R.B. Longbottom
Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally along
the south line of Virginia Circle, just south of University Drive (the "Property Interests"),
for the public use of expanding and improving the Denton Municipal Electric distribution
and transmission system; authorizing the City Manager or his designee to make an offer
to C.S. Residential, Inc. to purchase the Property Interests for the purchase price of Two
Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents
($228,652.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-085
P.Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the Hickory Street Sidewalk and Enhancements
Project for the Downtown area; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4800-awarded to the lowest responsible bidder meeting
specification, 2L Construction LLC, in the amount of $404,269.15).
Resolution R2012-010
Q.Consider approval of a resolution allowing Metzler's Food & Beverage, Inc. to be the
sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on
May 5, 2012, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an effective
date. Parks, Recreation and Beautification Board recommend approval with a vote of 6-0.
Staff recommends approval of the request.
Council considered Item B.
Resolution No. R2012-009
B. Consider approval of a resolution of the City Council of the City of Denton, Texas,
replacing a Policy for Tax Abatement for the City of Denton to establish guidelines and
criteria governing Tax Abatement Agreements; and declaring an effective date. The
Economic Development Partnership Board recommends approval (5-0).
Council Member Watts stated that the criteria in the current policy for the abatement were 2 1/2
times the Federal minimum wage for the State of Texas.
Erica Sullivan, Economic Development Analyst, stated that was correct.
Council Member Watts asked if prior tax abatements looked for this figure.
Sullivan stated that the figure would be $31,000 - $50,000.
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April 17, 2012
Page 12
Council Member Watts questioned if the Economic Development Partnership Board had seen the
new language.
Sullivan stated that only the two members who sit on the Council saw the change.
Council Member Watts felt there was a large difference in the salary range and was not sure
there was a need for that particular criteria in the policy as it would be on a case by case basis.
He recommended removing the high skill, high paying jobs wording from the policy.
Mayor Burroughs clarified that the recommendation was to remove the definition of high paying
job.
Council Member Watts replied correct.
Mayor Burroughs felt that the concept of having a higher paying job was an important
consideration although the dollar amount was not. He agreed with the aspect of the amount but
the concept was important and that over time the amount would change. He felt deleting the
definition would be appropriate or to leave the wording in for a high paying job with subjectivity
on what that was.
Council Member Watts motioned, Council Member King seconded to approve the resolution
with an amendment to remove the minimum wage wording. On roll call vote: Council Member
King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
Item I was considered.
Ordinance No. 2012-078
I. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.286 acre tract located in the M.E.P. & P.R.R.
Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally in the
2500 block of McKinney Street (the "Property Interests"), for the public use of
expanding and improving the Denton Municipal Electric distribution and transmission
system; authorizing the City Manager or his designee to make an offer to Bobbie R.
Mitchell and wife, Corine Mitchell to purchase the Property Interests for the purchase
price of Sixty Eight Thousand One Hundred Ninety Five Dollars and No Cents
($68,195.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
City Attorney Burgess stated that an amended ordinance had been provided to Council revising
the language to tie it back to the relocation ordinance. There also was a change in the amount of
the purchase from what was listed on the agenda. It should read $69,631.00. The ordinance
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April 17, 2012
Page 13
listed the correct amount. Any motion should include approval of the substitute ordinance with
the amended language.
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the substitute
ordinance with the amended language. On roll call vote: Council Member King, Council
Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem
Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Mayor Burroughs left the meeting.
4. PUBLIC HEARINGS
A. Hold a public hearing inviting citizens to comment on the City of Denton's 2012
Action Plan for Housing and Community Development.
Barbara Ross, Community Development Administrator, stated that this was the annual public
hearing to invite citizen comments on 2012-13 Action Plan.
The Mayor Pro Tem opened the public hearing.
Comment Cards were submitted by the following individuals:
Zarian Presley-Boone, 601 Crescent, Denton, 76201 – requested sidewalks on Crescent
Rebecca Appling, 1410 Manten, Denton, 76208 - support
Andrea Schreiber, 308 Marietta, Denton, 76201 – requested sidewalks on Crescent
David Kaplan, 308 Marietta, Denton, 76201 – requested sidewalks on Crescent
Wendy McGee spoke in support of El Paseo Street.
Rebecca Appling spoke in support of the funding.
The Mayor Pro Tem closed the public hearing.
No action was required by Council at this time.
Ordinance No. 2012-086
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, adopting Standards of Care for Youth/Teen Programs administered by
Denton's Parks and Recreation Department pursuant to Texas Human Resources
Code Section 42.041 (b)(14); and providing an effective date. The Parks,
Recreation and Beautification Board recommends approval (6-0).
Kathy Schaeffer, Program Area Manager, stated that these were the operating procedures for
their summer programs. The Standards had to either meet or exceed the current State Day Care
requirements and were intended to be minimum standards by which the city of Denton Parks and
Recreation Department operated the city’s Youth/Teen programs. The programs operated by the
City of Denton City Council Minutes
April 17, 2012
Page 14
City under the Standards of Care were recreational in nature and were not day care programs.
Changes made since October 2010 included adding a Recreation Specialist position, training
specifics for the staff, booster seat regulations and removed the parent guide from the standards
as they were different at each recreation center due to different emergency exits at the different
centers.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”.
Motion carried unanimously.
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential
3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-
12) zoning district classification and use designation subject to a restrictive
overlay on approximately 3.3 acres. The property is located east of Bell
Avenue, approximately 500 feet north of the northeast intersection of Sherman
Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove
within the City of Denton, Denton County, Texas; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an
effective date. (Z11-0026) The Planning and Zoning Commission recommends
approval (7-0).
Mayor Pro Tem Kamp reviewed the procedures for public hearings.
Mark Cunningham, Director of Planning and Development, stated that the applicant proposed to
rezone the property from Neighborhood Residential 3 to Neighborhood Residential Mixed Use
12 with the intent to rehabilitate the existing structures and allow for Assisted Living, a form of
Elderly Housing per Subchapter 23 of the Development Code. He reviewed the zoning
surrounding the property and indicated that the applicant was requesting to rezone the site to be
consistent with the property to the south. Staff and the Planning and Zoning Commission
recommended approval of the rezoning with a restrictive overlay. The NR-3 zoning did not
allow elderly housing thus the need for the NRMU-12 zoning district.
The Mayor Pro Tem opened the public hearing.
Larry Reichhart spoke for the applicant. He indicated that the developers sought to redevelop the
property for assisted living uses. NRMU-12 was the lowest zoning that allowed for assisted
living. The zoning overlay would allow them to rehabilitate the building with no problems.
Council Member Roden asked about communications with the neighbors.
City of Denton City Council Minutes
April 17, 2012
Page 15
Reichhart indicated that a neighborhood meeting had been held at North Lakes Recreation
Center and was attended by 12-15 people. The main issue with the majority of those who
attended was with the historic value of the building. His research had found that the building
was not an O’Neill Ford building. Another concern expressed was about the commercial use of
the property but he indicated that it was not going to be developed in that category.
Council Member King stated that the intent was to put something similar to what had been there
before.
Reichhart replied correct.
Council Member Engelbrecht asked if the architect was one from the O’Neill Ford firm.
Reichhart stated that the architect was Art Swank. The previous director of the facility had
communication with that architect. There was no direct documentation from O’Neill Ford.
Council Member Gregory questioned the use chart which was being displayed as being different
than what was in the backup.
Cunningham stated that the chart was reflected in the wording of the ordinance. The chart in the
backup showed the existing ordinance while the one on display reflected the recommendation
from the Planning and Zoning Commission.
Council Member Watts stated that the applicant asking to allow elderly housing with some of the
other changes.
Cunningham stated that the neighborhood community did not want to see high intensity
development in the neighborhood. The Planning and Zoning Commission’s recommendation
allowed elderly housing and those uses otherwise allowed would be modified by a specific use
permit.
Council Member Watts stated that these types of circumstances had happened before where there
was rezoning with specific intentions. In this case elderly housing could not be done in NR-3.
He questioned why the option would be given to come back with other uses in the future via a
specific use permit and felt that other uses should be restricted. He also noted that questions had
been raised regarding the credibility of statements of who owns the property and what they were
going to do with it.
Cunningham stated that those uses were already permitted in that zoning district so it was felt
that there was no harm to keep those in.
Council Member Roden asked Reichhart to clarify his position regarding the decision by the
Planning and Zoning Commission in terms of the use of the overlay.
Reichhart indicated he was not opposed to the overlay.
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April 17, 2012
Page 16
Council Member Roden stated that the developer’s website was advertising the sale of the
property.
Reichhart indicated that was a condition of lender who was going to foreclose on the property.
The agreement not to foreclose included a condition that the property would be for sale if the
rezoning did not go through.
Council Member Watts stated that with the overlay the applicant had the right to tear down the
building and rebuild. Major renovations could change the current status of the building.
Reichhart stated that was correct.
The following individuals spoke during the public hearing:
Steven Ambuehl, 2007 N. Bell, Denton, 76209 - opposed
Gary Hayden, 2106 North Bell, Denton, 76209 - opposed
DiAnna Hynds, 504 Sunrise, Denton, 76209 - opposed
Deborah Conte, 2106 N. Bell, Denton, 76209 - opposed
Comment cards were received from the following individuals:
Richard Smith, 1920 N. Bell, Denton, 76209 - opposed
Victoria Hodge, 1823 N. Bell, Denton, 76209 - opposed
Brandt Davis, 1902 N. Bell, Denton, 76209 - opposed
Brian Wheeler, 1823 N. Bell, Denton, 76209 - opposed
Mr. Reichhart was allowed a rebuttal. He indicated that other zoning uses that would be allowed
based on the overlay included agriculture, single-family, community homes for the disabled,
home occupations, outdoor recreation, parks, churches and elderly housing. The developer’s
website was only four months old and they just finished a business plan. Staff had examples of
the construction plans and O’Neill Ford being copied on two memos, but this was not an O’Neill
Ford structure. The interior of the building needed a lot of work especially if the intent was to
preserve the structure.
Council Member Roden asked about the process for a historical structure.
Cunningham stated that the State and Federal mark was 50 years but that there was no policy in
Denton. Denton followed the State and Federal limits.
Council Member Roden stated that a historical designation could be done without the property
being 50 years old.
Cunningham stated correct.
Council Member Roden asked who could request that designation.
City of Denton City Council Minutes
April 17, 2012
Page 17
Cunningham stated that the property owner could request it or there could be a comprehensive
plan amendment.
Council Member Roden asked if the owner of the property thought about turning the building
into a historic landmark.
Reichhart stated that they had not discussed that but probably would not want to do that as it
might hinder redevelopment.
Mayor Pro Tem Kamp stated that a concern of the neighbors was a possible multifamily use of
the property.
Cunningham stated multifamily was not permitted.
Council Member Gregory asked if someone could apply for a historical marker without the
owner's permission.
Cunningham stated that if a request were made, it would go through the process and the property
owner notified. If he did not respond, the designation might be made.
Council Member Gregory stated that the designation would restrict what could be done to the
property.
Cunningham replied correct.
Council Member Gregory questioned if a zoning change could be requested by someone not
owning the property.
Cunningham stated that the City Manager could authorize a rezoning request.
Reichhart questioned that if the building was not an O’Neill Ford building, what was its historic
significance.
Council Member Watts stated that the developer probably wanted the freedom to do whatever he
wanted with the building. He felt that the developer was not going to leave the building as it was
but probably tear it down and redo the site. He stated that NRMU-12 with an overlay restriction
to elderly care did not have restrictions of preservation. He asked if representatives of the
owners were present at the meeting.
Reichhart replied no.
Council Member Watts stated that given the concerns expressed by the neighbors and the nature
of the conflict, he was surprised that they were not present. He questioned why the process did
not go to the Zoning Board of Adjustment for a reinstatement of the variance.
City of Denton City Council Minutes
April 17, 2012
Page 18
Reichhart stated that the property would then again become a non-conforming use which could
be lost again in the future. The zoning could not be changed. The re-establishing of the non-
conforming use was a concern with lenders.
Council Member Watts stated that at the original Planning and Zoning Commission meeting, the
motion was to deny with a 3-3 tie vote. That motion failed. The backup materials indicated that
the original zoning was NR-3 with a specific use permit for elderly care and that when the
facility closed and was vacant for a long time, that zoning designation was lost.
Cunningham stated that there was never a specific use permit for the property.
Mayor Pro Tem Kamp stated the property was a nonconforming use and not a specific use
permit.
Council Member Watts stated that an alternative method would be to go to the Zoning Board of
Adjustment to ask for an elderly variance.
Cunningham stated that a request could be made for the non-conforming use to continue.
Council Member Roden asked if Council could go through the list of permitted uses and remove
those with a “SUP” and replace with an “N”.
Cunningham stated correct.
Council Member Roden asked if that could be done even with the gas well category.
City Attorney Burgess stated staff would have to research that as it was not known at this time
about the mineral rights on the property.
Council Member Roden suggested having the Historic Landmark Commission investigate the
issue regarding a historic designation and request that they plan for a future agenda to deal with
this question.
Council Member King stated that a solution would be to remove the specific use permit uses,
restrict the square footage to 5500 square feet, restrict the use to elderly care and protect the
neighborhood similar to what was there.
City Attorney Burgess followed up on a previous question by Council Member Roden regarding
the restriction of a gas well. A specific use permit was allowed for gas wells in NR-3 and would
continue in NRMU-12.
Council Member Engelbrecht asked if the protection of the building could be added to the
overlay.
Aaron Leal, Deputy City Attorney, stated that could not be done as rezoning regulated the uses
and did not look at structures.
City of Denton City Council Minutes
April 17, 2012
Page 19
Council Member Engelbrecht stated that zoning was for the land and that the Denton
Development Code would have to be amended to address the structures or improvements to the
property.
Mayor Pro Tem Kamp closed the public hearing.
Council Member Watts stated that the desire was to potentially preserve the building if it was of
historic significance to the City and if not an O’Neill Ford building, he would not oppose the
removal of the building. If the building was not an O’Neill Ford building, it would be hard to
deny the developer an opportunity to develop the property. If it was an O’Neill Ford building, he
felt it should be preserved. He was in favor of postponing consideration to allow the Historic
Landmark Commission investigate the issue and return to Council with a recommendation.
Council Member Engelbrecht stated that there would be limitations on the structure under a
historic designation because every structure was unique and if Council moved in that direction,
he would be concerned about the interior of the structure as the inside was not up to standards.
He suggested a report by the Historic Landmark Commission on what could be done with the
building so as to be economically viable.
Council Member Roden stated that the historic designation was only on the exterior of the
building and not the interior of the building.
Council Member King stated that with a historic designation, the developer might abandon the
project and the building would remain empty. If the zoning were restricted too much it might not
be possible to develop the property.
Reichhart suggested a condition that the developer would not alter the street facing facade
without City Council approval or without the designation that it was not a historical building.
Go through the process with the Historic Landmark Commission and if the building was not
deemed historic, the developer could do what he wanted with the building. If it was deemed
historic, the front facade would be maintained unless the developer came to Council for
approval.
Mayor Pro Tem Kamp questioned if it would be better for Council to give staff time to do
research regarding the possible historic nature of the building or to craft that in language for a
motion.
City Attorney Burgess stated that Council could word a motion to give staff time to clarify the
issue on the historic nature of the building and whether to send the item to the Historic Landmark
Commission.
Council Member Engelbrecht stated that he would prefer to have Legal look at the issue rather
than trying to draft wording for a motion on the spot.
Council Member King motioned to approve the ordinance with an amendment to remove the
specific use permit listing in the overlay, to maintain the façade of the building unless it was
proven that it was not an O’Neill Ford building in a presentation at a City Council meeting.
City of Denton City Council Minutes
April 17, 2012
Page 20
Motion died for lack of a second.
Council Member Roden suggested postponing consideration until the Historic Landmark
Commission was able to investigate the question of the historic nature of the building in
conjunction with staff.
City Attorney Burgess suggested a motion wording could be “completion of a study by the
Historic Landmark Commission on the historic nature of the building and the information
presented to the Council”.
Council Member Roden motioned to postpone consideration until the completion of an event but
th
no later than June 19 with the Historic Landmark Commission investigating the historic nature
of the property.
Motion died for lack of a second.
Council Member Gregory suggested postponing the item in order to craft correct wording on the
deletion of the specific use permits and staff researching the architectural source of the structure
rather than going to the Historic Landmark Commission.
Council Member King stated that he was in agreement with Council Member Gregory’s
th
comments. He felt a motion could be to postpone consideration until the May 15 meeting for
staff to rework the wording, to remove the specific use permits for permitted uses and have staff
determine the architectural source of the building.
Council Member Watts stated that the Historic Landmark Commission could call a special
meeting to take a look at this issue but there was a need to move forward as soon as possible.
Council Member Engelbrecht questioned who would be the staff point of contact to do the
analysis.
Acting City Manager Martin stated that Mark Cunningham would be the point of contact.
Council Member Roden stated that even though the item would not be a public hearing,
interested citizens could still speak on the issue under Items for Individual Consideration.
Council Member King motioned, Council Member Gregory seconded to postpone consideration
th
until the May 15 meeting for staff to rework the wording to remove the specific use permits for
permitted uses and have staff determine the architectural source of the building. On roll call
vote: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried
unanimously.
Ordinance No. 2012-087
D. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a 2,725 acre Detailed Plan to amend Ordinance 2011-
City of Denton City Council Minutes
April 17, 2012
Page 21
124 to allow signs within the Robson Ranch Planned Development District (PD-
173). The subject site is located north of Crawford Road, south of H. Lively
Road, east of Florence Road, and west of Hunter Ranch Master Planned
Community (AMPC10-0001); and providing for a penalty in the maximum
amount of $2,000.00 for violations, thereof, severability and an effective date.
(PDA11-0003) The Planning and Zoning Commission recommends approval
(7-0).
Mark Cunningham, Director of Planning and Development, stated that the applicant was
requesting to amend Ordinance No. 2011-124 to add a detailed signage plan. The detailed
signage plan would include such signs as monument sign and directional signs. Approval of the
plan would allow the City to issue building permits for the signs; nine of which had already been
constructed. The Development Review Committee and the Planning and Zoning Commission
had recommended approval with conditions. Those conditions included all original conditions of
approval and subsequent modifications associated with PD 173 would remain valid, unless
specified herein, and to the extent not shown on the Detailed Signage Plan, the City Codes would
govern; and the Detailed Signage Plan as submitted would guide the development of the signs
within the PD.
The Mayor Pro Tem opened the public hearing.
Carson Carter, representing the applicant, spoke in favor.
The Mayor Pro Tem closed the public hearing.
Council Member Roden questioned the boundaries for the public notification.
Cunningham stated that it was the entire planned development.
Council Member Roden questioned how only 39 public notices were sent out and how the 200
foot notice determination was made.
Council Member Gregory stated that the backup showed a map of the entire subdivision and with
different types of signs and many homes where the signs would be located.
Council Member Watts questioned if this was a sign district or each individual sign. If it was a
sign district, then the rules would be for the entire development.
Cunningham stated that the sign district applied to all of the acreage and not each individual sign
location.
Aaron Leal, Deputy City Attorney, stated that the notification would be within 200 feet of the
perimeter of the property so notifications would go to locations outside the development.
Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance.
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
City of Denton City Council Minutes
April 17, 2012
Page 22
Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion
carried unanimously.
Ordinance No. 2012-088
E. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for an initial zoning district and use classification of
Community Mixed Use General (CM-G) and Neighborhood Residential Mixed
Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of
approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6)
zoning district and use classification to a NRMU-12 zoning district and use
classification; located at the southeast corner of McKinney Street and Mayhill
Road; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (Z11-0025) The Planning
and Zoning Commission recommends approval (5-1).
Mark Cunningham, Director of Planning and Development, stated that the subject property
included approximately 40 acres. Approximately 10.6 acres were comprised of three zoning
districts (CM-G, NRMU-12 and RD-5) and the remaining 28.1 acres were Rural District 5. The
applicant was requesting an initial zoning district of Community Mixed Use General and
Neighborhood Residential Mixed Use 12 on approximately 33.1 acres of land and the rezoning
of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district to a
NRMU-12 zoning district. The request was in compliance with the future land use for the
property. Staff and the Planning and Zoning Commission recommend approval of the request.
Mayor Pro Tem Kamp opened the public hearing.
The following individuals spoke during the public hearing:
Larry Reichhart, representing the applicant, spoke in favor.
Jimmy Wagner, 298 Carpenter Road, Denton, 76209 - opposed due to the traffic situation
JC Hughes, 5300 E McKinney, Denton, 76208-opposed to multi-family
Darrell Hayslip, 5300 E. McKinney, Denton, 76208 – opposed to multi-family
Mr. Reichhart was allowed a five minute rebuttal. He indicated that any type of multi-family
would have to be part of the master plan or a specific use permit so the neighborhood would be
protected against multi-family. Multi-family could be restricted if Council desired. In terms of
traffic, the developer would have to do an impact analysis. It was felt that non-residential uses
would be better for the area than residential. They did not have a neighborhood meeting but sent
letters to property owners within 500 feet to have an individual meeting or respond via email.
He had received no responses.
Council Member Watts questioned if Reichhart would oppose to restricting multi-family or a
straight specific use permit for multi-family.
Reichhart indicated that he would be ok with a restriction on multi-family.
City of Denton City Council Minutes
April 17, 2012
Page 23
Laura Sanders, 5212 Whiting Way, Denton, 76208 spoke in opposition regarding multi-family
uses and also problems with the DISD.
Mayor Pro Tem Kamp stated that there would be no multi-family on the project and if Ms.
Sanders had issues with the DISD, she needed to present them to the DISD and not Council.
The Mayor Pro Tem closed the public hearing.
Council Member Roden stated that East McKinney was scheduled for widening and questioned
if it included this area.
Acting City Manager Martin stated that McKinney would be widened from Woodrow past the
high school but he didn’t know when that would be as TxDOT had not given it a priority rating.
Council Member Watts motioned, Council Member King seconded to adopt the ordinance with a
restriction of prohibiting multi-family development on the site. On roll call vote: Council
Member King, Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried
unanimously.
5. 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 Watts requested an update on the pedestrian bridge over Loop 288.
Mayor Pro Tem Kamp noted a fund raiser Friday night at the Center for the Visual Arts for
Frenchy.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
April 17, 2012
Page 24
There was no continuation of Closed Meeting.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:31 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS