May 1, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
May 1, 2012
After determining that a quorum was present, the City Council convened into a Work Session on
Tuesday, May 1, 2012 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden
ABSENT: Council Member King
1. Citizen Comments on Consent Agenda Items
Council Member King arrived at the meeting.
Jack Parkes spoke on Consent Agenda Item 4H and expressed concern about the Bonnie Brae
extension through his property.
2. Requests for clarification of agenda items listed on the agenda for May 1, 2012.
Council Member Watts stated that he had requested Item 5A, reconsideration of Ordinance No.
2012-088, due to a clarification he had received from the property owner. Several citizens spoke
against multi-family zoning for the property and the applicant’s representative, Larry Reichhart,
had indicated a willingness to remove multi-family from the permitted zoning categories.
Included in the motion to approve the zoning request was a condition to remove multi-family.
Since that time, he had received a call from the applicant who indicated that there was a
misunderstanding between he and his representative on what was wanted in the zoning request.
The applicant was agreeable to have a specific use permit for multi-family but was not in favor
of no multi-family at all. Council Member Watts indicated that he had reviewed the Council
meeting video to make sure what had happened at the meeting. He personally did not have
problem with the specific use permit protection and wanted to see how the other council
members felt. He was going to ask that Item 5B be tabled until such time as courtesy public
hearing notifications could go out for interested citizens.
Mayor Pro Tem Kamp questioned what would be the rules as far as hearing the case when
information had already been presented and a decision made.
City Attorney Burgess stated that the Section 2.29 of the Council’s Rules of Procedures
addressed reconsideration of motions. It allowed reconsideration not later than the next
succeeding meeting of the Council and proposed by a member of the prevailing side. She felt it
was proper for the Council to reconsider the item. Council could not take action on anything that
was greater than what was posted. The public hearing was closed and not on the table. The only
reconsideration would be for the underlying ordinance.
Council Member Watts stated that Council could decide to not reconsider the item and keep the
ordinance as it passed at the prior meeting.
City Attorney Burgess stated that was correct. If Council did not approve the reconsideration in
5A then 5B would not be considered and the ordinance would stand as written.
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May 1, 2012
Page 2
Mayor Burroughs asked if there would be a vote taken on the reconsideration.
City Attorney Burgess stated correct with the second item being the underlying action item.
Council Member Roden asked if the item were approved for reconsideration, would re-
notification by the City be triggered as the public hearing was already closed.
City Attorney Burgess stated that State law required a published public hearing which was done.
However, nothing would prohibit the City from having a courtesy additional hearing or public
meeting but it would not be required by law.
Council Member Gregory expressed concern regarding the posting of the re-consideration for the
neighbors. The original zoning change sign was not adequate and was difficult to read. He
questioned if the neighbors were notified other than the agenda posting. He was uncomfortable
moving on if the neighbors had not been notified.
Council Member Watts suggested Council consider approving 5A to reconsider the item and
then postpone consideration of 5B with instructions to schedule a courtesy public hearing and
send out notices to neighbors.
City Attorney Burgess stated that if Item 5A passed, then there would be a live action item for
5B with all regular options normally available such as postponing, acting on the ordinance or
amending the ordinance as appropriate.
City Manager Campbell stated that if Item 5A passed and 5B were postponed to a date certain,
staff would notify residents and put a sign on the property for a full process.
Following the completion of the Work Session the Council convened in Closed Session at 5:30
p.m. to consider the following:
1. Closed Meeting:
A. 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 in the O.S. Brewster Survey, Abstract No. 56, the James Edmonson
Survey, Abstract 400, and the S. Pritchett Survey, Abstract 1004, Denton County,
Texas, and located generally in the 1800, 2200, 3100, and 3400 Blocks of South
Bonnie Brae Street, 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.
City of Denton City Council Minutes
May 1, 2012
Page 3
The Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the Council recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A Proclamations/Awards
1. National Day of Prayer
Mayor Burroughs presented the proclamation for the National Day of Prayer.
2. Motorcycle Safety and Awareness Month
Mayor Burroughs presented the proclamation for Motorcycle Safety and Awareness Month.
3. Drinking Water Week in Denton
Mayor Burroughs presented the proclamation for Drinking Water Week in Denton.
4. National Nurses Week
Mayor Burroughs presented the proclamation for National Nurses Week.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding 518 E. Prairie Street and related issues.
Ms. Yeldell was not present at the meeting.
4. CONSENT AGENDA
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. 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 Exception listed below.
A.Consider a request for an exception to the noise ordinance for amplified sound on June
19 and each Sunday in the month of July for the purpose of the Apollo Nights events.
The events are scheduled for the following dates: Tuesday, June 19, noon - 11:00 p.m.,
and the following Sundays: July 1, 5:00 p.m. - 10:00 p.m., July 8, 5:00 p.m. - 10:00 p.m.,
City of Denton City Council Minutes
May 1, 2012
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July 15, 5:00 p.m. - 10:00 p.m., July 22, 5:00 p.m. - 10:00 p.m., and July 29, 2012, from
5:00 p.m. until 11:00 p.m. On July 31, 2012, the event will be from 5:00 p.m. until 11:00
p.m. The events will be held in Fred Moore Park. There is no request for an increase in
the level of decibels. Staff recommends approval of the request for amplified sound on
each of the dates requested.
Resolution R2012-011
B.Consider approval of a resolution by the City of Denton, Texas, authorizing the City
Manager to sign and submit to the Department of Housing and Urban Development a
2012 Action Plan for Housing and Community Development with appropriate
certifications, as authorized and required by the Housing and Community Development
Act of 1974, as amended, and the National Affordable Housing Act of 1990, as
amended; and providing for an effective date.
Ordinance No. 2012-089
C.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the City of Grapevine, Texas under
Section 271.102 of the Local Government Code, to authorize participation in various
City of Grapevine contracts for the purchase of various goods and services; authorizing
the expenditure of funds therefor; and declaring an effective date (File 4949-Interlocal
Agreement with City of Grapevine).
Ordinance No. 2012-090
D.Consider adoption of an ordinance authorizing the City Manager to execute Change
Order Number Six to the contract between the City of Denton and Landmark Structures
I, L.P.; providing for the expenditure of funds therefor; and providing an effective date
(Bid 4207-Roselawn Elevated Storage Tank Change Order Number Six in the amount of
$60,000 for a total contract award of $5,136,302). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-091
E.Consider adoption of an ordinance accepting competitive bids and awarding a two year
contract for Calcium Hypochlorite Feeders and Products for the City of Denton Parks
Department; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4915-Two Year Contract for Calcium Hypochlorite Feeders and Products
awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the
annual estimated amount of $65,000 for a two year estimated expenditure of $130,000).
Ordinance No. 2012-092
F.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.03 acre tract; (ii) a utility and slope easement encumbering a
0.02 acre tract; and (iii) a temporary construction, grading and access easement
encumbering a 182 square foot tract, all tracts located in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A", attached to and made a part of 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 James B. Harrell, Jr. to
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May 1, 2012
Page 5
purchase the Property Interests for the purchase price of Seven Thousand Six Hundred
Sixty Seven Dollars and No/Cents ($7,667.00), and other consideration, as prescribed in
the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit "B";
authorizing the expenditure of funds therefore; and providing an effective date.
Ordinance No. 2012-093
G.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.08 acre tract; (ii) a utility and drainage easement
encumbering a 0.04 acre tract; and (iii) a drainage easement encumbering a 0.27 acre
tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton,
Denton County, Texas, as more particularly described on Exhibit "A", attached to and
made a part of the ordinance, located generally in the 2200 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 Agnes H. Rogers and Jean M.G. Tunnell, formerly known
as Jean M. Goodson, to purchase the Property Interests for the purchase price of Three
Thousand Nine Hundred Seventeen Dollars and No/Cents ($3,917.00), and other
consideration, as prescribed in the Purchase Agreement, as attached to and made a part of
the ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and
providing an effective date.
Ordinance No. 2012-094
H.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering 0.33 acre;
(iii) a drainage easement encumbering 1.35 acres; and (iv) a temporary construction,
grading and access easement encumbering 0.03 acre, all lands located in Denton County,
Texas, and situated in the James Edmonson Survey, Abstract Number 400, as more
particularly described on Exhibit "A", attached to and made a part of the ordinance,
located generally in the 3100 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 Jack Arlyn Parkes and wife, Betty Parkes to purchase the Property Interests for
the purchase price of Two Hundred Fifty Five Thousand One Hundred Sixteen Dollars
and No/Cents ($255,116.00), and other consideration, as prescribed in the Purchase
Agreement as attached to and made a part of the ordinance as Exhibit "B"; authorizing
the expenditure of funds therefore; and providing an effective date.
Ordinance No. 2012-095
I.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 34.92 acre tract situated in the James Edmonson Survey,
Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (ii) a drainage
easement encumbering a 0.42 acre tract situated in the James Edmonson Survey,
Abstract No. 400, all tracts located in the City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to and made a part of the ordinance,
located generally in the 3400 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 the Marvin Henderson Estate Trust to purchase the Property Interests for the
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May 1, 2012
Page 6
purchase price of Three Hundred Fourteen Thousand, Eight Hundred Sixty Nine Dollars
and No/Cents ($314,869.00), and other consideration, as prescribed in the Purchase
Agreement, as attached to and made a part of the ordinance as Exhibit "B"; authorizing
the expenditure of funds therefore; and providing an effective date.
Ordinance No. 2012-096
J.Consider adoption of an ordinance of the City of Denton, Texas approving an agreed
order in the pending enforcement action concerning the City of Denton, Texas, in Docket
Number 2012-0092-MLM-E before the Texas Commission on Environmental Quality
respecting the alleged unauthorized discharge of sodium hydroxide near the Lake Ray
Roberts Water Treatment Plant; authorizing the Mayor to execute said agreed order on
behalf of the City; authorizing the City Manager and the City Attorney to act on the
City's behalf in executing any and all other documents and to take other actions
necessary to finalize the settlement; authorizing the expenditure of funds therefor; and
declaring an effective date.
Resolution R2012-012
K.Consider approval of a resolution of the City of Denton, Texas approving a City
Purchasing Policy regarding purchasing preference due to the location of bidder's
principal place of business; and declaring an effective date.
Ordinance No. 2012-097
L.Contract adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Second Amendment to an Agreement for
Professional Legal Services with Constangy, Brooks & Smith for professional legal
services relating to pending litigation styled Jones v. City of Denton, Cause No. 2011-
50255-367, filed in the 367th District Court of Denton County, Texas; authorizing the
expenditure of funds therefor in an amount not to exceed $250,000; and providing an
effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Reconsider Ordinance No. 2012-088 passed by the City Council in its meeting
of April 17, 2012 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).
Council Member Watts motioned, Council Member King seconded to reconsider Ordinance No.
2012-088. On roll call vote: Council Member King, Council Member Watts, Council Member
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May 1, 2012
Page 7
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden – “aye”. Motion carried unanimously.
B. 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).
Council Member Watts motioned to postpone consideration to allow the scheduling of a courtesy
public hearing with legal notices to be sent out as was done for the previous public hearing.
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City Manager Campbell noted that the May 15 Council meeting might not provide enough time
to do the advertising for the public hearing.
Council Member Watts stated to postpone consideration to the June 5th council meeting to allow
staff to pursue notices similar to a required public hearing.
Council Member Engelbrecht clarified the motion to include notices to property owners within
200 and 500 feet and those who previously spoke on the item who might reside outside that
range.
Council Member Watts stated that was correct, to the greatest extent possible.
Mark Cunningham, Director of Planning and Development, stated that a legal notice and letters
to the property owners were usually not done with a City Council public hearing. That was done
on the Planning and Zoning Commission level.
City Manager Campbell stated that staff would advertise the new public hearing as was done for
the Planning and Zoning Commission meeting plus post a sign on the property.
Mayor Burroughs questioned if the item would be listed as an Item for Individual Consideration
with allowance for public comment but would not be an actual public hearing.
City Attorney Burgess stated that the law would not require another public hearing but Council
could request another public hearing. It was up to the Council to decide on how to handle the
process.
City Manager Campbell stated that if the motion were to call for a public hearing, it would be
posted as such and with notification the same as a public hearing.
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to postpone consideration of
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the item until the June 5 Council meeting. The item would be posted as a public hearing with
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May 1, 2012
Page 8
all appropriate notices to the newspaper and property owners provided for as was normally done
for a public hearing at the Planning and Zoning Commission. 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. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Bob Clifton regarding the City election.
Mr. Clifton was not present at the meeting.
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.
Mayor Pro Tem Kamp requested a work session to discuss the naming of the new pedestrian
bridge over Loop 288 after Martin Luther King, Jr.
City Manager Campbell stated that Council would need to decide whether to adhere to the new
naming policy or given the fact that this process had been in the works for several years, just go
ahead and consider the naming.
Mayor Pro Tem Kamp stated that she would be in favor of just proceeding with the naming.
Council Member Gregory stated that the Arts and Jazz Festival was a success and thanked
everyone for participating and working in the event.
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Council Member Roden noted that Saturday was Cinco de Mayo with a parade and celebration.
It was also opening day for the community market.
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 taken on Closed Meeting items.
With no further business, the meeting was adjourned at 7:04 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS