June 5, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
June 5, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 5, 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 comments from citizens.
2. Requests for clarification of agenda items listed on the agenda for May 15, 2012.
There were no requests for clarification from Council Members.
3. Receive a report, hold a discussion, and give staff direction regarding the preliminary
2012-13 Proposed Budget, Capital Improvement Program, and Five Year Financial
Forecast.
Bryan Langley, Chief Finance Officer, presented the preliminary 2012-13 budget, capital
improvement program and five year financial forecast.
Overview and Purpose – The overview and purpose of the presentation was to (1) review the
adopted 2011-12 budget and long-term financial plan for the General Fund, (2) review the
preliminary 2012-13 five year financial forecast for the General Fund, (3) discuss strategic
considerations in the development of the upcoming budget, (4) review the preliminary GO debt
service, utility fund budgets, and other key information and (5) outline next steps in the budget
process.
Langley reviewed the 2011-12 budget by fund with the General Fund the one most closely
reviewed. He also reviewed the adopted 2011-12 General Fund Long Term Plan. It assumed a
3% increase in ad valorem taxes in 2013 and a 4% each year thereafter. It also included a one
cent tax increase in 2014-15.
Fund Balance Reserves – the beginning fund balance level was approximately $1.3 million more
than previously forecasted in the 2011-12 budget. It was expected to remain above the target
level over the planning horizon. The reserve target was revised in 2010-11 in response to
conversations with bond rating agencies. The revised targets were approved as part of the 2010-
11 budget.
General Fund Revenue Components, changes in Sales Tax Collections, Sales Tax Collection
History, Sales Tax Projections, Appraised Values, and Appraised Value Distribution were
reviewed.
Appraised Values - in 2009, Council endorsed a plan to increase the over 65 property tax
exemption in $5,000 increments. The goal was to achieve a $50,000 exemption level by 2013-
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June 5, 2012
Page 2
14. Accordingly, a $5000 increase in the over 65 exemption level was anticipated in 2012-13.
Preliminary Appraisal District information indicated most properties would have minimal or no
increase in value for Denton County. Future appraised value growth estimates assumed a
moderate economic recovery.
Property tax rate - Denton's tax rate was comprised of two components; operations and
maintenance which was deposited into the General Fund. GO Debt Service was deposited into
the GO Debt Service Fund. There was no tax rate increase planned for 2012-13.
Other key revenues - administrative cost transfers were expected to increase by approximately
$1.2 million in 2012-13 due to a recent cost allocation plan study. It was designed to recover
General Fund costs associated with services provided to other funds. The General Fund
Franchise Fees were expected to decline by approximately $314,000 in 2013 compared to 2012.
Interest income was expected to remain extremely low due to unusually low interest rates.
General Fund Expenditures – Langley provided information on General Fund expenditure
components. The largest component was for personal services. The General Fund budget by
department was also reviewed.
Prior Reductions – in 2009-10 approximately $1.2 million in reductions were included in the
adopted budget. The 2010-11 General Fund budget included approximately $5.2 million in
reductions compared to initial forecasts. In 2011-12, the majority of the costs saving measures
done in 2010-11 were retained. For 2012-13, the intent was to maintain most of the prior
reductions made in 2010-11 and 2009-10.
Vacancy Management Plan - the equivalent of 22 positions were not funded in 2010-11. The
equivalent of 14 positions was not funded in 2011-12. While a specific group of vacant positions
was initially targeted, the purpose of the plan was to manage to a total savings amount rather
than a set of positions. The Vacancy Management Program would be continued in 2012-13 but
the savings and number of positions had yet to be determined.
Compensation – 2010-11 did not include any merit increases for employees. 2011-12 included a
2% merit increase for employees. 2010, 2011, and 2012 budgets also included normal Step
increases for Police/Fire Civil Service. For 2012-13 a 1% cost of living adjustment and a 3%
merit increase for employees was planned. Staff also expected to begin paying the full actuarial
rate to TMRS.
General Fund Supplemental Packages - over $9.0 million in supplemental packages were
submitted to the City Manager for consideration in the General Fund. Over the coming weeks,
the City Management Team would review the requests and make funding recommendations.
Only $1.0 million was expected to be allocated each year for supplemental packages in the five-
year financial forecast.
Summary of 2013 Assumption - Appraised Value Growth would be at 3%; Sales Tax Growth
would be at 3%; compensation would be at 1% COLA and 3% merit; the Tax Rate would have
no change and remain at $0.6897; future bond sales for the General Government would be at
$11.6 million. Compensation also included eligible Step increases for Police/Fire in the 2012-13
proposed budget.
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June 5, 2012
Page 3
Strategic Plan Review - Council approved the Strategic Plan in April 2011. The intent of the
Strategic Plan was to (1) focus and enhance the budget process, (2) ensure the policy and
administrative decision-making was based on a proactive approach, and (3) link the
organizational direction to the city's established vision, mission and values. Supplemental
packages would be evaluated and funded in the context of the approved Strategic Plan.
Strategic Plan - Key Focus Areas – the five key focus areas included organizational excellence,
public infrastructure, sustainable economic development & environmental stewardship, safe,
livable, and family friendly community, partnerships and regional leadership. A review of the
goals associated with the key focus areas was presented. Information on the preliminary 2012-
13 General Fund long term plan was also presented.
Street Maintenance - street maintenance issues included (1) the OCI rating of streets in Denton
had deteriorated over the past several years, and (2) the current level of street maintenance
funding was insufficient to maintain the current OCI rating. Approximately $3.5 million was
spent on maintenance activities but at least $10 million was needed on an annual basis to prevent
further decline. Enhanced Capital Improvement Program was also required on an annual basis to
maintain OCI rating.
Street Improvement Fund - to address street maintenance issues, a standalone street improvement
fund was created in 2011-12 to separately account for street maintenance activities. Funding for
Street Maintenance activities was increased by transferring increases in the franchise fee revenue
compared to 2010-11 and by transferring interest cost savings from the Utility Funds as a result
of the issuance of COs instead of Utility System Revenue Bonds. Street impact fees may also be
considered in the future as well. Including the funding noted, the total street improvement fund
proposed budget would be approximately $7.8 million in 2012-13. It was also expected that
voters would be asked to approve a $20 million street reconstruction bond package.
GO Debt Service Fund- no tax rate increase was planned for General Obligation Debt Service
Fund. Appraisal growth assumptions mirrored those in the General Fund. Staff was
recommending issuing $7.5 million in Certificates of Obligation in 2012-13 to be used for
vehicle replacements and facility improvements, the Animal Adoption Center and to complete
the Public Safety Training Facility at City Hall East. A $20 million Streets Only GO Bond
Program was proposed for 2012-13 which would be sold over five years. $9.0 million in COs
was also planned to be issued for the City's required match on Bonnie Brae and Mayhill projects
in 2013-14. Future size and timing of additional GO bond elections would be dependent on
economic factors; however, a $50 - $60 million year five program may be possible in 2015-16.
Other Major Funds – The Public Utilities Board was still in the process of reviewing the
financial plans for all utility funds. When possible, capital projects were delayed to minimize
rate increases. Major impacts on 2012-13 operating budget, CIP and five year financial forecasts
included the replacement of a larger percentage of aging infrastructure with revenue and a
significantly larger 5 year CIP program than anticipated in the last fiscal year. Proposed budgets
were subject to the following risks that might affect financial performance: (1) inflation of
materials, chemicals, and fuel, (2) aging infrastructure, (3) water supply, (4) reserve targets, and
(5) debt coverage ratios.
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June 5, 2012
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The following strategies and objectives were developed to strengthen the financial integrity of
each utility: (1) phase-in the replacement of aging infrastructure with current revenue funding
and reduce reliance on debt financing (2) reach and maintain sufficient reserve fund; (3) maintain
water and wastewater impact fee reserve balances at $1 million for each utility, (4) maintain
water and wastewater development plan line reserve balances at $1 million per Council
Resolution 91-008, (5) create a $1 million drainage reserve in wastewater fund and (6) maintain
debt coverage ratio of 1.25 or better for each utility.
Electric Fund - no base rate increase for electric utility customers was proposed for the 2012-13
budget. An accelerated CIP program would have a significant impact on operations for the
foreseeable future. 11.5 new FTEs were recommended. Major 2012-13 CIP projects were
detailed and it was noted that the five year CIP debt issuance would approach $190 million.
Water Fund – a 3.0 FTE increase was proposed. Originally a 9.5% rate increase for 2012-13 was
contemplated with 5.0% and 8.0% rate increase options presented to the PUB to consider for
2012-13. Major 2012-13 CIP projects were detailed.
Wastewater Fund- 3.0 new FTEs, 1.5 FTEs in Industrial Pretreatment, and 0.5 FTEs in
Watershed Protection were proposed. A 12% rate increase for 2012-13 was originally
contemplated. However, a 6.0% and 9.0% rate increase options were presented to the Public
Utilities Board for consideration. Major 2012-13 CIP projects were reviewed.
Solid Waste Fund - curbside recycling services were brought in-house in 2012 due to a net lower
cost than private services. Eight new FTEs were proposed for 2012-13. Residential and
commercial rate increases were proposed for 2012-13. Major 2012-13 CIP projects were
reviewed.
The overall monthly rate impact was reviewed which were based on preliminary estimates. The
Public Utilities Board would provide rate recommendations in June.
Tourism and Convention Fund – the Hotel Occupancy Tax Committee had discussed the
preliminary budget process for HOT Funds. The intent was to minimize an increase in funding
for the various organizations supported by HOT funds. The goal was to increase the fund
balance and create a future capacity for CVB/Convention Center related costs and services.
Langley concluded with a review of the next steps in the budget process. It was projected that
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final budget approval would be at the September 11 Council meeting.
Following the completion of the Work Session, the Council convened in a Closed Session to
discuss the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code, Section 551.071
1.Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated within the City limits and the
extraterritorial jurisdiction, including Constitutional limitations, statutory
City of Denton City Council Minutes
June 5, 2012
Page 5
limitations upon municipal regulatory authority, and extension of a
moratorium on drilling and production, and statutory preemption of
municipal regulatory authority.
B.Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Deliberations Regarding Real Property - Under Texas Government Code, Section
551.072.
1.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the A. Tompkins Survey, Abstract No. 1246
(located generally in the 1800 block of Bonnie Brae Street) and (2) in the
James Edmonson Survey, Abstract No. 400, Denton County, Texas
(located generally in the 3600 Block of Roselawn Street), 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
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.
2.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. 927,
Denton County, Texas, and located generally along the west side of
Mayhill Road, between Gayla Drive and the east-west segment of Bridges
Street, 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 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.
Regular meeting of the Denton City Council on June 5, 2012 at 6:30 p.m. in the City Council
Chambers.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags. The pledges were lead by Boy Scout Troop 61.
PROCLAMATIONS/PRESENTATIONS
2.
A. Proclamations/Awards
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June 5, 2012
Page 6
1. Rail Safety Awareness Month
Mayor Burroughs presented the proclamation for Rail Safety Awareness Month.
2. Denton Public Library Day
Mayor Burroughs presented the proclamation for Denton Public Library Day.
3. National Community Health Improvement Week
Mayor Burroughs presented the proclamation for National Community Health Improvement
Week.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding deeds to property and related personal issues.
Ms. Yeldell spoke on a mistake with the block number for the deed of her property. She felt it
was taking of her land because of the mistake. She indicated that her life had been threatened.
She said her medical records were mixed up with another individual when she was in the hospital
which was a danger to society and people needed to know about it.
4. CONSENT AGENDA
Council Member Roden requested that Item H be pulled for separate consideration.
Council Member Gregory requested that Item E be pulled in order to highlight the item.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items E and H. 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.
Ordinance 2012-119
A. Consider adoption of an ordinance by the City of Denton, Texas, ("CITY")
denying a rate increase requested by Atmos Energy Corporation on or about
January 31, 2012; determining that the meeting complied with the Texas Open
Meetings Act; making other findings and provisions related to the subject; and
providing an effective date.
City of Denton City Council Minutes
June 5, 2012
Page 7
Ordinance No. 2012-120
B. Consider adoption of an ordinance of the City of Denton, Texas authorizing and
directing the City Manager or his designee to execute on behalf of the City of
Denton an Airport Project Participation Agreement with the Texas Department of
Transportation relating to construction of aircraft ramp at the Denton Airport;
total cost $1,117,000 with the City of Denton portion $111,700; authorizing and
directing the City Manager or his designee to expend funds as provided for in said
agreement and to execute documents on behalf of the City of Denton in order to
implement the project; and providing an effective date. The Airport Advisory
Board recommends approval (4-0).
Ordinance No. 2012-121
C. Consider adoption of an ordinance authorizing and directing the City Manager or
his designee to execute on behalf of the City of Denton an assignment of a
Leasehold Interest in an Airport Lease Agreement at Denton Airport from Windle
& Windle Investments, Inc., to RWDW Aviation, Inc. for property located at
4633 Spartan Drive at Denton Airport; and providing an effective date. The
Council Airport Committee recommends approval (3-0).
Ordinance No. 2012-122
D. Consider adoption of an ordinance of the City of Denton, Texas, approving the
2013 Budget of the Denton Central Appraisal District, and providing an effective
date.
Ordinance No. 2012-124
F. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Professional Services Agreement (PSA) with Graham Associates,
Inc. for Engineering Services relating to the Dry Fork Hickory Creek Tributary I
Interceptor Project; and providing for an effective date (File 4963-awarded to
Graham and Associates, Inc. in the amount of $220,525). The Public Utilities
Board recommends approval (5-0).
Ordinance No 2012-125
G. Consider adoption of an ordinance accepting competitive proposals and awarding
a Three Year Contract for Tennis Instructor Services for the City of Denton Parks
Department; providing for the expenditure of funds therefor; and providing an
effective date (RFP 4898-Tennis Instructor for City of Denton awarded to
Michael Christopher Brown and David Wayne Gray dba Gray Events
Management LLC in a three year contract not to exceed amount of $750,000).
Approved the Noise Exception listed below.
I. Consider a request for an exception to the Noise Ordinance for the purpose of
performing live jazz music at the Sweet Y Café located at 511 Robertson Street
on Friday, Saturday, and Sunday, June 15 through June 17, 2012, beginning at
7:30 p.m. and concluding at 11:30 p.m. on Friday and Saturday and beginning at
6:00 p.m. until 11:30 p.m. on Sunday. This request is for an extension of hours
from 10:00 p.m. to 11:30 for amplified sound and for amplified sound on a
Sunday. The amplified sound will remain at the allowable 65 decibels Staff
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June 5, 2012
Page 8
recommends approval of the request of extending the hours of operation for
amplified sound to 11:30 p.m.
Resolution No. R2012-016
J. Consider approval of a resolution of the City Council of the City of Denton,
Texas authorizing the filing of a project application with the North Central Texas
Council of Governments for a Regional Solid Waste Program - Local
Implementation Project, Recycling and Litter Reduction Equipment Project in the
amount of $66,015; delegating and authorizing George C. Campbell, City
Manager, or his designee, to act on behalf of the City in all other matters that are
related to this project application, pledging that if funding for this project is
received, the City of Denton will comply with all project requirements of the
North Central Texas Council of Governments, the Texas Commission on
Environmental Quality, and the State of Texas; and providing for an effective
date.
Ordinance No. 2012-127
K. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 1.364 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the 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 J.G.
Duncan and wife, Frances Duncan to purchase the Property Interests for the
purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No
Cents ($83,680.00), 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.
Ordinance No. 2012-128
L. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the 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
Youvonne Matzinger and the Estate of Philip Hardy Matzinger, deceased to
purchase the Property Interests for the purchase price of Two Thousand Four
Hundred Eighteen Dollars and No Cents ($2,418.00), 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.
Ordinance No. 2012-129
M. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.309 acre tract situated in the M.E.P. & P.R.R. Company
City of Denton City Council Minutes
June 5, 2012
Page 9
Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas,
as more particularly described on Exhibit "A", attached to the ordinance, located
generally in the 1100 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 Walter
Ronnie Kingston and wife, Margaret Ann Kingston to purchase the Property
Interests for the purchase price of Eighty Five Thousand Dollars and No Cents
($85,000.00), 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; authorizing relocation expenditures; and providing
an effective date.
Ordinance No. 2012-130
N. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.74 acre tract; (ii) a utility and slope easement
encumbering a 0.13 acre tract; (iii) a slope easement encumbering a 0.01 acre
tract; and (iv) a temporary construction, grading and access easement
encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey,
Abstract Number 1246, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally
in the 1800 block of South Bonnie Brae Street (the "Property Interests"), for the
public use of expanding and improving Bonnie Brae Street, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to Eliza
T. Shockley to purchase the Property Interests for the purchase price of One
Hundred Sixty One Thousand Nine Hundred Seven Dollars and No Cents
($161,907.00), 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.
Ordinance No. 2012-131
O. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 1.91 acre tract; (ii) a utility and slope easement
encumbering 0.57 acres; and (iii) a drainage easement encumbering 0.02 acres, all
tracts located in the James Edmonson Survey, Abstract Number 400, City of
Denton, Denton County, Texas, as more particularly described on Exhibit "A",
attached to the ordinance, located generally on Roselawn Drive, 600 feet east of
South Bonnie Brae Street (the "Property Interests"), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to the Chamberlain
Trust to purchase the Property Interests for the purchase price of Sixty Six
Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), 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.
Ordinance No. 2012-132
P. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.11 acre tract; (ii) a slope easement encumbering 0.14
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June 5, 2012
Page 10
acres; (iii) a drainage easement encumbering a 0.03 acre tract; and (iv) a
temporary construction, grading and access easement encumbering a 0.01 acre
tract, all tracts located in the James Edmonson Survey, Abstract Number 400,
City of Denton, Denton County, Texas, as more particularly described on Exhibit
"A", attached to the ordinance, generally located on Roselawn Drive, 800 feet
east of South Bonnie Brae Street (the "Property Interests"), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to the Longhorn
Council Boy Scout Foundation, Inc., a Texas corporation, to purchase the
Property Interests for the purchase price of Five Thousand Nine Hundred and
Fifty Five Dollars and No Cents ($5,955.00), 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.
Resolution No. R2012-017
Q. Consider approval of a resolution by the City Council of the City of Denton
relating to the issuance of bonds by North Texas Higher Education Authority,
Inc.; approving the issuance of such bonds and the use of the proceeds of such
bonds; recognizing that the City has no financial obligation to pay any principal
or interest on the bonds, and making certain findings in connection therewith; and
providing an effective date.
Approved the minutes listed below.
R. Consider approval of the minutes of:
May 1, 2012
May 7, 2012
May 8, 2012
Item E was considered.
Ordinance No. 2012-123
E. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the Buy Board
Cooperative Purchasing Network for the acquisition of a McCloskey 733
Screener, for the City of Denton Beneficial Reuse Department; and providing an
effective date (File 4940-Purchase of McCloskey 733 Screener awarded to
McCourt & Sons Equipment, Inc. in the amount of $464,460). The Public
Utilities Board recommends approval (5-0).
Council Member Gregory stated that he had read the backup materials and felt they should be
highlighted so more public would be aware of what was done with various materials. He
suggested posting the information on the City’s website for the public.
Council Member Gregory motioned, Mayor Pro Tem Kamp 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, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
City of Denton City Council Minutes
June 5, 2012
Page 11
Item H was considered.
Ordinance No. 2012-126
H. Consider adoption of an ordinance amending Ordinance No. 2012-024 to extend
for an additional 120 days the moratorium on the acceptance or processing of
certain applications for permits to authorize oil and gas exploration and
production activities and other mineral exploration and production activities
(collectively, "mineral activities") within the corporate limits of the City of
Denton, Texas; directing the city staff to complete a comprehensive review of
the City's ordinance governing the mineral activities and procedures related
thereto and to propose revisions thereto; providing for a method of repeal of this
moratorium; providing a procedure for a variance from this moratorium;
providing a cumulative clause; providing a severability clause; and providing an
effective date.
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City Attorney Burgess stated that on February 7, Council enacted a moratorium on acceptance
and processing for mineral exploration and production. The proposed ordinance would extend
the moratorium with the same terms and conditions as the first one for an additional 120 days as
was the term for the original ordinance. The extension acknowledged the ongoing work of the
Task Force and the fact that information was being processed and would result in an additional
ordinance. Staff was recommending approval.
Council Member Gregory motioned, Mayor Pro Tem Kamp 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, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider a nomination to the Public Art Committee.
Council Member King nominated Chris Flemmons to the Public Art Committee.
Council Member King motioned, Council Member Engelbrecht seconded to approve the
nomination. 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.
6. PUBLIC HEARINGS
Ordinance No. 2012-133
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Drive-
through Facilities (ATMs). The approximately 0.33 acre subject property,
commonly known as Block 9 of the Old Towne Denton Addition is located north
of Mulberry Street, west of Austin Street, south of Walnut Street, and east of
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June 5, 2012
Page 12
Locust Street; located within the Downtown Commercial General (DC-G)
zoning district; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommends approval (6-0). (S11-0004,
Wells Fargo Denton ATM)
Mark Cunningham, Director of Planning and Development, stated that the request was from the
Wells Fargo Bank to install two ATM machines on a lot that was currently undeveloped. The
Planning and Zoning Commission and staff recommended approval with the condition that the
ingress and egress driveways be located off Austin Street and the applicant would provide and
maintain the landscaping as depicted on the landscaping plan.
Council Member Roden asked how this proposal would fit in with the overall goals of the
downtown area as it was one block away from the Square in terms of what to do with the site.
Cunningham stated that parking would be added to the site in addition to the ATMs which would
be open to the public. It would allow people to park in the area and then walk around the Square
area. He felt it fit into the overall vision of the area.
Council Member Roden asked how many cars were anticipated to use the site. He was looking
for a walkable area whereas the ATM site would be inviting people to drive in and then leave
again. He was not sure it was the best use of the property.
Council Member Watts asked if the landscape plan with the site plan was being attached to this
action or just the landscape plan.
Cunningham stated that the site plan predicated the parking but this was a specific use permit for
the ATMs only.
Council Member Watts asked if the landscape on the site plan was part of the proposal.
Cunningham stated that the landscaping and the ingress/egress conditions were part of the
proposal.
Council Member Engelbrecht asked how the proposal could be modified if benches were to be
added to the plan.
Cunningham stated that modifications such as adding benches would be handled at the
administrative level as long as they did not impact the ingress/egress and landscaping.
Mayor Pro Tem Kamp stated that the drive through ATM with only the Austin Street access
would be very similar to what was at DATCU. It was anticipated that about 150 cars per day
would be using the site.
Council Member Roden stated that the TIF program had associated catalyst sites for
redevelopment of the area and questioned if this wasn't one of those sites.
City of Denton City Council Minutes
June 5, 2012
Page 13
Cunningham stated that the TIF looked at the Wells Fargo building itself but the cost was
prohibitive to bring it up to code.
Council Member Roden thought that the green space was a catalyst site and questioned what was
the long term planning for development in the area.
Mayor Pro Tem Kamp stated that the proposal was going to be a site for public parking. The
building was the actual catalyst site.
Council Member Watts stated that the current motor facility would be demolished for a mixed
use retail which was what was envisioned for conversion of the area. He felt the proposal was in
keeping with the spirit of what was being encouraged to build in the area.
The Mayor opened the public hearing.
John Schlueter, representing the applicant, spoke in favor.
Council Member Gregory asked about the possibility of adding a bench to the location.
Schlueter stated that it would not be an issue; just tell them how to do it. They had added bike
racks in the area.
Council Member Engelbrecht asked who set the criteria for bike racks.
Schlueter stated that every new branch had bike racks. The number of racks was based on what
would fit in the area.
Council Member King felt that what was going to happen to the other site would be what was
needed in the area.
The Mayor closed the public hearing.
Council Member Roden asked if timing was an issue for the proposal.
Mayor Pro Tem Kamp stated that a decision on the ATMs was not holding up anything as the
other location was already in demolition.
Council Member Engelbrecht stated that Wells Fargo already owned the property and approval
would facilitate the moving of the ATMs.
Council Member Watts felt that the bank had the full assumption that they would be able move
the ATMs without a problem and did not understand until after the transaction was completed
that a specific use permit would be needed.
Council Member Gregory felt that the trade off of two lanes from sixteen lanes would be an
improvement in the downtown area. There was the potential for shade and seating in the area.
He encouraged staff to help with the benches. He stated that the Downtown Implementation
City of Denton City Council Minutes
June 5, 2012
Page 14
Plan had angle in parking and asked about the possibility of doing angle in parking on the west
side of the development along Locust Street.
Cunningham stated that the DIP had different parking arrangements for the different roads. In
this case, the plan showed parallel parking as the street was not wide enough for angle parking.
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
City Attorney Burgess asked if the motion was to include park benches where appropriate.
That modification was acceptable with Kamp and King.
Council Member King motioned, Mayor Pro Tem Kamp seconded adopt the ordinance and to
include park benches where appropriate. 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.
Ordinance No. 2012-134
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Wind
Energy Conversion Systems (WECS). The approximately 70.6 acre subject
property, commonly known as Lot 3 of the Sorrells-McBride Acres Addition is
located south of Roselawn Drive and west of the T&P Railroad right-of-way;
located within a Neighborhood Residential 2 (NR-2) zoning district; and
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. The Planning and Zoning
Commission recommends approval (6-0). (S11-0005, Wind Turbines-
Roselawn)
Mark Cunningham, Director of Planning and Development, presented the details of the item.
The request was for a specific use permit to install two monopole Wind Energy conversion
systems (WECS) that would be approximately 52 feet tall and located on a site that was within a
NR-2 zoning district. WECS were permitted in the NR-2 zoning district with an approved
specific use permit. The Planning and Zoning Commission recommended approval with the
condition that the sound pressure levels would not exceed 50 db nor would they exceed a 72 hour
ambient noise level measured from the property line closest to the device.
Council Member Gregory asked about the 72 hour ambient noise level.
Cunningham stated that over the period of time the noise levels would be taken and during that
time it could not exceed that level.
Council Member Gregory asked why a specific use permit was needed.
Cunningham indicated that use of the devices in the NR-2 zoning category required a specific
use permit.
The Mayor opened the public hearing.
City of Denton City Council Minutes
June 5, 2012
Page 15
Randy Sorrells, property owner, spoke in favor.
Council Member Watts asked if the rate of capacity would provide electric usage for a home.
Sorrells stated yes and that any excess power would be sold back to a provider.
Council Member Roden questioned a letter in opposition from a neighbor who indicated the
devised had a high pitched sound.
Sorrells stated that sometimes when the turbines were being tested there might a high pitch
sound but not regularly.
The Mayor closed the public hearing.
Council Member Roden noted that the devices would be used as a dealer for training purposes.
He asked if the ordinance specified a use to putting up and taking down for dealer uses.
Ron Menguita, Planner, stated that the backup had a copy of the ordinance which mainly
addressed safety and the function of the turbine. It did not address the putting up and taking
down of the unit. There only was a section on abandonment.
Cunningham stated that the property was zoned NR-2 and whatever the site was used for would
have to be consistent with that zoning. If the device was taken up and down for commercial
purposes, it would be prohibited as it would be inconsistent with a NR-2 zoning district.
Council Member Engelbrecht stated that the ordinance was addressed by the number of lots per
acre assuming two lots per acre. However, here was a proposal that had 70 acres that was zoned
NR-2. He felt there was the same issue but not the same as a two acre lot. He suggested that be
considered during the comprehensive plan rewrite.
Mayor Pro Tem Kamp motioned, Council Member Gregory 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, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
Ordinance No. 2012-135
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from Neighborhood Residential 4
(NR-4) zoning district classification and use designation to Community Mixed
Use General (CM-G) zoning district classification and use designation, on 7.12
acres, located on the southeast corner of the intersection of F.M. 428/Sherman
Road and Hartlee Field Road, in the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommends approval (7-0). (Z12-0001, Pruett Property
Rezoning)
City of Denton City Council Minutes
June 5, 2012
Page 16
Mark Cunningham, Director of Planning and Development, stated that the request was to rezone
7.12 acres from NR-4 to Community Mixed Use General. The applicant indicated that he was
considering several uses for the property including moving his veterinarian business to the site,
relocating his equipment rental business to the site or developing a small commercial center.
The change in zoning would match the zoning from the south. He showed the differences
between uses in the two zoning categories. The Planning and Zoning Commission and staff
recommended approval.
The Mayor opened the public hearing.
Lee Allison, representing the property owner, spoke in favor.
The Mayor closed the public hearing.
Council Member Watts motioned, Council Member Gregory 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, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
Ordinance No. 2012-136
Hold a public hearing and consider adoption of an ordinance of the City of
D.
Denton, Texas, providing for the rezoning of approximately 9.67 acres of land
from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and
use classification to a Neighborhood Residential Mixed Use (NRMU) zoning
district and use classification; and the rezoning of approximately 10.20 acres
from a Neighborhood Residential 6 (NR-6) zoning district and use classification
to a NRMU zoning district and use classification; located at the southwest corner
of Mingo Road and Nottingham Drive; and providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an
effective date. The Planning and Zoning Commission recommends approval (7-
).(Z11-0024, Magnolia Apartment Living)
0
Mark Cunningham, Director of Planning and Development, provided details on the proposal. He
indicated that the applicant was considering constructing a 294-unit multi-family development
on 19.87 acres proposed for rezoning. The property was currently undeveloped and not platted.
The future land use of the property and a comparison of general regulations for the zoning were
discussed. The Planning and Zoning Commission had recommended approval while staff
recommended denial.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Pat Smith, 2300 E. University, Denton, 76209, spoke in support as a representative of the
Denton Bible Church. The Church would like to rent some of the units for their missionaries.
Council Member Roden stated that the area was not a walkable area and if approved what
infrastructure would have to be in place from the City.
City of Denton City Council Minutes
June 5, 2012
Page 17
Smith stated that he would like to see sidewalks along Nottingham south to the railroad tracks
and back south for walking and bike traffic. Sidewalks in the area would be wonderful.
Nancy Carson, 2908 Oakshire, Denton, 76209 - spoke in opposition due to the close
proximity of the railroad. She requested Council not vote on this item until they considered her
concerns.
Council Member Gregory stated that he lived in that area and also heard the trains. He
questioned Ms. Carson on what kind of zoning would be appropriate.
Carson stated that she could not decide due to the severe flooding and drainage problems.
Council Member Gregory asked Ms. Carson if she was aware of work done by staff to start
establishing quiet zones in the Downtown area and then in the area towards her house. The
intersections would be reconstructed so the trains would not have to blow the horn at all of the
intersections.
Caron stated that she had talked to Austin regarding the restrictions. The train itself was also
very loud with a large number of cars.
Council Member Roden stated that he also lived in the area and also heard the trains. He asked
Ms. Carson if her concern for development along the railroad was restricted to this property or
any property near a train line.
Carson stated that it was any property next to a train.
Lee Allison, representing the applicant, spoke in favor.
Council Member Gregory stated that the proposed site plan had three sets of apartments that
looked like they backed up to railroad. He questioned if there was going to be some kind of
fence or sound barrier to keep children away from the tracks and/or to reduce the sound.
Allison stated that safety barriers would be built. The buildings themselves would have sound
elements in them in the form of thicker walls and sound materials.
Council Member Gregory asked if the applicant would be willing to participate with the City in
sharing the cost of reconstructing the intersection to allow a quite zone in that intersection. The
intersection had to be reconstructed so the barrier arms were long enough and cars could not
drive around them.
Allison stated that the applicant would work with the city in getting the zone.
Mayor Pro Tem Kamp asked about plans for the drainage situation.
Allison stated that part of the area had been identified as an ESA stream buffer. That area would
be removed as it was manmade and the area would be reshaped and landscaped accordingly. A
water feature at end of the stream was being planned with a detention area.
City of Denton City Council Minutes
June 5, 2012
Page 18
Terry Moore, Auguilar Properties, spoke in favor. He stated that a response to sharing
the cost of reconstructing the intersection would depend on the cost of the intersection.
Mayor Pro Tem Kamp asked about buffering around the railroad tracks.
Moore stated that the exterior walls would have sound absorbing materials along with a fence on
the back side.
Mayor Pro Tem Kamp asked about a public park that was proposed.
Moore stated that it would be a green space that was not fenced in.
Mayor Pro Tem Kamp asked how much land would occupy the green space.
Moore stated that there would be six to seven acres open to neighborhood trails in the area for
walking.
Council Member Roden questioned the target group of people to live there.
Moore stated that they were not targeting students but rather young professionals.
Council Member Roden asked Mr. Moore what made him think this area had viability to live due
to the railroad tracks.
Moore suggested looking at the other side of the issue. Some people did not want apartments
over retail due to noise and odors from the retail. They were looking for families.
Allison stated that there was a bowling alley nearby along with other apartment complexes.
Some people did not want single family homes and did not want to walk to areas of the City.
Council Member Gregory asked about the details of the fence.
Allison stated that it would be a six-foot privacy per the requirements of the specific use permit.
All of the details were not known at this stage but would be fully addressed in detail at the
specific use permit level.
Council Member Watts questioned how many bedrooms would be included in the unit mix for
the 294 units.
Moore stated that there would be a mix of one, two and three bedroom units.
Mayor Burroughs noted that none of the questions concerning number of units were relevant as
that would be addressed during the specific use permit process. Zoning was the only issue
considered at this meeting and not the number of units.
Council Member Watts asked for a website that provided examples of similar developments by
the applicant.
City of Denton City Council Minutes
June 5, 2012
Page 19
The Mayor closed the public hearing.
Council Member Engelbrecht questioned why staff did not recommend approval.
Cunningham stated that staff felt the proposal was inconsistent with the Neighborhood Center
future land use. Uses in the Neighborhood Center should include support services. With this
proposal, there were no supportive services to sustain the neighborhood.
Mayor Burroughs stated that because NRMU or NRMU-12 did not indicate a percentage for
services, it did not allow for an indication of what the mixture should be between residential and
service. That effectively meant that staff would always have to suggest denial of any NRMU
district even if it had 100% service. If a property owner said 100% service that was not what
NRMU was so staff would have to recommend denial. There was a problem in the Code because
the outcome was what the Code was trying to do but could not dictate service. It was an
impossible situation because it could not be solved either way. His opinion was that denial was
not correct.
Council discussed the NRMU and NRMU-12 zoning category as opposed to the Neighborhood
Center zoning category in terms of not having the correct tool to blend for a proper zoning
destination.
Council Member King stated that he liked the lower use for the property. Retail would not be
proper on Mingo or Nottingham due to the accessibility. Residential made sense in the area.
The Church had a tremendous foot print in the area and provided a sense for people to live there
rather than retail.
Council Member Watts stated that there was the specific use permit layer for the multi-family so
limits could be placed through the specific use permit restrictions. There would be another
opportunity to refine the proposal when it came before Council for the specific use permit.
Living by a railroad was a marketing issue. If people didn’t want to live next to a railroad they
wouldn’t.
Council Member Engelbrecht stated that he appreciated the thought about the specific use permit
and liked the general look and idea of the proposal. He did not feel the area was appropriate for
the commercial/retail. Residential would be much less than commercial/retail traffic and the
railroad was not conducive to retail traffic. He felt there was a need for sidewalks in the area
more than retail/commercial.
Council Member King motioned, Mayor Pro Tem Kamp 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, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
E. Hold a public hearing and consider adoption of an ordinance 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
City of Denton City Council Minutes
June 5, 2012
Page 20
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. The Planning and Zoning Commission recommends approval (5-
1). (Z11-0025, McKinney/Mayhill Rezoning)
Mark Cunningham, Director of Planning and Development, stated that Council held a public
hearing on the proposal on April 17, 2012. At that time, Council approved the request with the
condition to prohibit multifamily zoning. The proposal was reconsidered at the May 1, 2012
meeting as the applicant indicated miscommunication with his representative concerning the
elimination of multi-family zoning. The proposal was postponed again from the May 1, 2012
meeting to this meeting to allow for further consideration.
The Mayor opened the public hearing.
Jimmy Wagner, 298 Carpenter Road, Denton, 76208 - spoke in opposition to multi-
family zoning due to the increased traffic.
Council Member Roden asked how Mr. Wagner knew of this rehearing.
Wagner indicated that he had received a letter and it was also in the newspaper.
Council Member Watts questioned if there was a different way to handle the traffic, would he be
in favor the multi-family.
Wagner stated yes but currently traffic was so bad. He also had a concern regarding a flood zone
on the property.
Council Member Watts stated that Wagner’s objection was to multi-family or whatever might
contribute more to traffic.
Wagner stated that he was just tired of apartments in Denton.
Larry Reichhart, representing the applicant, stated that at the last Council meeting he
incorrectly agreed to limit multi-family and that was not the desire of the property owners. They
would like to have the potential for multi-family with a specific use permit for a second look at
traffic. In order to have mixed use development there was the need for potential multi-family.
All neighborhood centers had NRMU but not all NRMU had to be a neighborhood center. They
would like to bring back details with multi-family with a specific use permit.
Sherry Graves, 4405 E. McKinney, Denton stated that traffic was horrible in the area and
she was opposed due to the traffic.
Celeste Poppy, 4397 E. McKinney, Denton, was opposed to the proposal.
Mr. Reichhart was allowed a rebuttal. He stated that any development in the area would have to
address the traffic. A specific use permit would deal with the access points for the traffic and
would provide additional review.
City of Denton City Council Minutes
June 5, 2012
Page 21
Council Member Roden asked about a mixed use development.
Reichhart stated that there were no concrete plans at this time.
Council Member Roden asked about street issues.
Reichhart stated that there would have to be some type of connectivity between the areas of the
property to allow access on McKinney and Mayhill.
Mayor Burroughs asked if the applicant anticipated when he might bring back the specific use
permit. He questioned if the anticipation was to wait until after the roadway improvements or
was there a definitive project.
Reichhart stated that the initial thought was to wait until the roadway was redone but the
question was whether they would want to wait that long. The first preference was to wait until
the roadway was improved; the second was to have an actual project. There was no specific time
frame.
Council Member Gregory stated that Council approved the zoning change to NRMU-12. The
applicant was not asking to approve NRMU-12, but was asking to modify the approval as multi-
family was not allowed.
Reichhart stated that originally the zoning was NRMU-12 with a limitation of L4. The previous
approval was to replace the L4 limitation with an N and they would like to remove the L4 and
replace it with a specific use permit.
Council Member Gregory stated that since Council had already made the zoning change and the
request was to only change the designation, why not wait until a specific project was in place.
Reichhart stated that was an option but there was a comfort level knowing that they had that
zoning and would be easier to spend the funds for a specific use permit.
Mayor Burroughs reminded Council that the prior action taken on the proposal was undone when
the Council reconsidered the item. Council would have to reinstate what was done at the prior
meeting. The zoning was currently back to the original zoning.
City Attorney Burgess stated that Council would need to enact what was done at the last meeting
or remove the limitation.
Mayor Pro Tem Kamp stated that in connection with the neighborhood concerns, the proposal
would have to come to Council with a specific use permit.
Cunningham stated correct. Striking the L4 limitation would be a zoning text amendment as
opposed to this request for rezoning.
Council Member Roden questioned if the Development Review Committee ever recommended
denial of a proposal based on inadequate infrastructure related to streets.
City of Denton City Council Minutes
June 5, 2012
Page 22
PS Arora, Wastewater Division Manager, stated that there was a project currently under design
for Mayhill Road with construction next year. The State had a project for McKinney but there
was no date on it. The streets were looked at based on the designation of the Mobility Plan.
These were arterial streets and it was hard to deny projects on arterial streets.
The Mayor closed the public hearing
Council Member Watts questioned if Council would have an opportunity at the time of a specific
use permit application based on the presentation and the criteria in the presentation to deny a
specific use permit.
City Attorney Burgess stated that when considering a specific use permit, the use was permitted
but Council could look at specifics and apply conditions and tailor the use to be acceptable to the
Council but the use was permitted under the zoning.
Council Member Watts stated that at a specific use permit hearing, it could be crafted through
Council input but not outright denied.
City Attorney Burgess stated that it would be a permitted use under the zoning provisions and as
a permitted use; there would be an application and attachment of conditions.
Council Member Watts questioned if the Council could deny a specific use permit; could
Council deny a specific use permit for multi-family.
City Attorney Burgess stated that Council might want to consider that question in a different
venue.
Cunningham stated that Council may or may not approve the permit; it was not a right to have.
Council Member Watts asked if a condition of the specific use permit could be included to ask
for traffic lanes to assist with the traffic. He questioned if that could be requested even though it
was not required.
Cunningham replied that it could be considered.
Mayor Burroughs stated that Council might like to have future guidance on whether it could say
no to a specific use permit with no reason or identify the lack of infrastructure as a reason to say
no. He questioned if certain conditions might be suggested that an applicant was not in favor of
and then the Council would deny.
Council Member King stated that the Irwins had a long track record with projects in Denton. He
felt they were not in a rush and would have the patience to wait on the State to make the roadway
improvements. He understood the street did not make sense but that was a TxDOT problem.
Mayor Pro Tem Kamp stated that McKinney was a state road and asked how many lanes were
currently on the City's Mobility Plan for McKinney.
Arora stated that it would be a six lane highway with a median.
City of Denton City Council Minutes
June 5, 2012
Page 23
Mayor Pro Tem Kamp stated that it was one of the City's priorities.
Arora stated that the City had to move utilities to accommodate the change of the roadway.
Council Member Gregory questioned if a specific use permit could be contingent on the
applicant building an additional one or two lanes of road to accommodate the additional traffic.
The developer was a known quantity, had not exploited the City and had brought value to the
City.
Council Member Engelbrecht suggested asking the DISD to get involved in a coalition to request
TxDOT to get that piece of McKinney done.
Mayor Pro Tem Kamp stated that was one of the reasons for inviting Michael Morris to the last
joint DISD meeting. It all came down to funding and the City had to move utilities which was
expensive.
Council Member Gregory questioned if Council approved a NRMU-12 with multi-family only
with a specific use permit, would it be possible that a condition for the specific use permit be to
require a driveway from the NRMU-12 area along the south side of the CMG to connect directly
to a widened Mayhill Road. If there were multi-family units in NRMU-12, then it would not be
necessary to come out on McKinney and go out instead on Mayhill.
Cunningham stated that a condition was allowed for ingress/egress.
Council Member Gregory asked if that would that be far enough from Mayhill and McKinney to
have a curb cut.
Arora stated that it appeared that a curb cut could be done. Multi-family would require another
point of ingress, probably on Mayhill.
Mayor Burroughs questioned if a limitation could be imposed that there would be a right in/right
out only until McKinney was expanded so that true access would be on Mayhill.
Arora stated that such a restriction could be done.
Council Member Roden felt that there was no urgency to consider this item and considering the
fact that there were still questions regarding the use of a specific use permit, he would be in favor
of postponing consideration until those questions were discussed.
Council Member Roden motioned, Mayor Pro Tem Kamp seconded to postpone consideration
th
until July 17 to have discussion and feedback on the Council’s authority regarding specific use
permits. 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.
City of Denton City Council Minutes
June 5, 2012
Page 24
7. 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.
There were no items suggested by Council.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the 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 action, the meeting was adjourned at 10:01 pm.
____________________________________
MARK A BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS