September 18, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 18, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 18, 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 Burroughs, and Council Member Roden.
ABSENT: Mayor Pro Tem Kamp.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for September 18, 2012.
Council Member Engelbrecht asked about Consent Agenda Item J and the terms of the one-year
contract with four renewals. He asked if the City would be getting a report from the first year on
how the firm was accomplishing its goals.
Scott Fletcher, Captain-Denton Police Department, stated that the company would provide such a
report as needed.
Council Member Engelbrecht stated that an annual report would be good.
Mayor Burroughs asked if the number of red light cameras was changing.
Fletcher stated that the numbers were not changing.
Council Member Gregory asked about Item I and if there were going to be any other changes to
the facility.
Jon Fortune, Assistant City Manager, stated that when the facility was built, it had a truck wash
facility and a separate bay for a vehicle wash which was not built at that time. This was for that
facility.
3. Receive a report, hold a discussion, and provide staff with direction regarding a proposed
ordinance which imposes liens on non-homestead and non-rental properties for the
collection of delinquent municipal utility bills.
Ethan Cox, Customer Service Manager, stated that Ordinance 2010-292 was designed to reduce
uncollectible debt and introduced debt prevention measures. Those measures included credit
screening, risk assessment, and deposit. Remaining challenges included impact of debts greater
than $1,000, drainage and merchandise debts and debts incurred prior to the implementation of
the ordinance.
Collection Tactics - current tactics included the utilization of a collection agency with a 21%
recovery rate and 22% of the debt collected was paid to the agency. Proposed additional tactics
included filing suit on debts exceeding $5000 and imposing liens of debts exceeding $1000.
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Page 2
Utility liens - state law allowed a municipality to impose a lien by ordinance for utility debt.
Conditions for imposing the lien were (1) the debt was incurred after the ordinance effective
date, (2) the property was non-homestead property, (3) the property was non-rental, and (4)
excluded non-utility debts such as solid waste and contracted utility work.
Summary of proposed tactics – with new utility debts greater than $1000, liens would be
imposed using conditions outlined by the ordinance. A suit would be filed on select accounts
that had debts excluded from the lien ordinance and greater than $5000. With all other debts the
outside collection agency would continue to be used.
Next steps - if Council agreed with the proposed strategy, an ordinance would be placed on the
October 2, 2012 Consent Agenda for Council consideration. These were considered a last resort
for the collection of the debts. A number of notifications and letters would be sent prior to these
steps.
Council Member Roden stated that this had to be a new debt provision. He asked if this was new
information from the Audit/Finance Committee.
Cox stated that this information had previously gone to the Audit/Finance Committee.
Council Member Roden questioned if with the current system in place, how difficult would it be
for someone to get more than a $1000 debt.
Cox stated that it came down to the kind of account. It was easier for commercial accounts to go
over $1000.
Council Member Gregory stated that if the ordinance did not affect homesteads and rental
property, what it would affect.
Cox stated that the greater effect was on commercial property where the debt was of the property
owner such as when rental property was in the property owner’s name.
Council Member Gregory asked what happened if someone owned commercial property, leased
it out to another business and that business did not pay the utilities. He questioned if that debt
would be the owner’s responsibility.
Cox replied no. If the property was leased, the provision would not apply in that condition. It
must be the property owner responsible for the debt.
Mayor Burroughs stated that there should be less of an impact due to the other actions already
taken. Because of the provision to connect the debt to the tenant’s name, there might be times
when a property owner created a separate entity with the utility in that entity’s name. In that
case there would be no lien on that property because the debt was created as an entity to be a
tenant.
Cox stated that the ordinance was not concerned with the entity but rather the owner of the
business.
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September 18, 2012
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Council Member Watts asked when a business was signing up for an account, did the City ask
for a guarantor on that account or look to the business to pay the debt.
Cox stated that they would look to the business to pay the account. If there was a concern
regarding the business, an irrevocable letter of credit would be requested.
Mayor Burroughs stated that there were statutes of limitations that applied generally to certain
kinds of debts. If a lien were filed, would it extend those limitations?
City Attorney Burgess stated that once the lien was filed, the City would act and collect at the
time the property was sold.
Mike Copeland, Assistant City Attorney, stated that there was no statute of limitations that ran
against the City. A municipality did not have a statute of limitations.
Mayor Burroughs asked if there were other legal costs recoverable from the filing of the liens.
Copeland stated that if the City brought suit and was the prevailing party, it might be possible to
recover the court costs. The lien could be concurrent on the property and the City could sue later
if it got bigger.
Council Member King stated that he had a hard time with this not knowing how big it would be.
Once empowered, it was hard to take that power away. There was a possibility that the problem
was not as large as it was in the past. He felt this was heavy handed and might not be necessary.
Mayor Burroughs asked what the City would have been able to file if the ordinance had been in
place for the current debt. He asked staff to have that information available for the next council
meeting.
City Attorney Burgess stated if a lien was filed, the City would not move to foreclosure. It
would wait until there was a sale of the property.
Council Member Gregory asked if a lien was filed, would the City still provide electricity.
Cox stated that if it was a standard utility account, service would be terminated until the situation
got to these options except for accounts that were drainage only. In that case charges would
continue to accrue.
Council Member Watts asked for an informal staff report regarding the legal process to sue
current debt entities. One way to also curb the debt was to have additional credit underwriting
criteria to personally guarantee the account. He suggested considering additional alternatives for
getting the debt paid. In terms of the current debt he would like to know what the level to file
suit was and where it would be filed, whether it would be done in-house and moving forward,
alternatives that would provide additional incentives to pay the debt. If someone had to
personally guarantee something, he might think differently about leaving a debt.
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September 18, 2012
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4. Receive a report, hold a discussion, and give staff direction regarding on-site recycling
service for multi-family residential communities.
Shirlene Sitton, Recycling Division Manager, reviewed Denton's recycling goals which were set
in the Strategic Plan and Sustainability Plan. Recycling was not the issue with multi-family
properties. The problem was the location of the dumpsters. There were pre-2006 areas with no
regulations where dumpsters could be located. Multi-family dumpster issues included (1)
dumpsters in the right-of-way, (2) placement in parking or landscaped areas, (3) existing
enclosures would not accommodate recycling, and (4) new enclosures might be required.
Recycling was added (1) if the dumpster could go into an existing enclosure, (2) if the trash
dumpsters were not enclosed but on the property or (3) if cart service was applicable. Recycling
was not added if the dumpster could not go into an existing enclosure but were required, or if the
trash dumpsters were not located on the property.
In February staff performed a field assessment of dumpster locations. Categories included (1)
dumpsters in the right-of-way, (2) parking space or landscape area, (3) designated area, (4) single
enclosure, (5) dual enclosures, (6) compactor only, (7) alley collection with no enclosure and (8)
dumpster/recycling cart combo. There were 185 dumpsters in the right-of-way. There were 203
in parking spaces or landscaped areas, 118 in designated areas, 92 in a single enclosure, 37 in a
dual enclosure, 10 sites had a compactor only, 14 were in alleys, and 5 were trash dumpsters and
recycling carts.
Staff was in the process of developing an on-site recycling requirement. The requirements
would have site-specific considerations, stakeholder considerations, implementation timeline and
screening requirements.
Options included (1) continue a voluntary recycling program with current container location
limitations, (2) continue voluntary recycling at all multi-family locations; mirror current trash
locations if needed, (3) develop a requirement for recycling at all multi-family locations; mirror
current trash locations if needed, (4) develop a requirement for recycling at all multi-family
locations to address container locations and screening and compliment new construction
enclosure requirements.
Council Member King stated that he had concerns with infill lots, narrow lots, undeveloped lots
and how to physically do the two receptacles for recycling/trash. To make it mandatory might be
hard in some locations due to the difficulty for size of containers plus the screening. He
questioned it a parking wavier would be required if parking spaces were used.
Sitton stated that this was a separate project for infill requirements. Staff was only asking to
move forward to work on to how implement these types of services.
Mayor Burroughs stated that new developments would be a separate situation. This was looking
at current multi-family locations. If this was done as a requirement there would be some places
that could not have the containers due to space. He questioned what would happen if a location
would not do a mandatory requirement
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Sitton stated that staff would work all that out before coming back to Council with a plan to
consider.
Mayor Burroughs stated that he had a lot of reservations about imposing regulations on pre-
existing locations unless the City was paying for the improvements. He had reservations with
making someone who built with the current regulations and then the City imposed different
regulations.
Sitton stated that staff was looking for direction to move forward on how to address those issues
and then bring solutions back to Council. They needed Council direction on how to proceed.
Council Member Engelbrecht stated that when the city went to residential recycling, solid waste
went way down. He questioned if that same situation would happen with multi-family recycling
and if so, would such a large trash dumpster be needed.
Sitton stated that was seen all the time, the waste was different but just the same amount. It was
possible to change some of the sizes of the dumpsters to accommodate both trash and recycling.
Council Member Engelbrecht stated that a certain percent of waste was diverted from the waste
stream and there would be savings for that. It might be possible to use that annual savings and
put it back into the system to pay for this process. A single ordinance would not address the
multitude of issues. However, if the City granted multi-family to take away a parking place to
go to recycling or put a receptacle on the grass, it would be of great benefit to get that waste out
of the waste stream.
Council Member Gregory asked how the shared trash dumpsters in the Downtown area were
working.
Sitton stated that it was working well. One alternative was to create a special use district to share
between locations.
Council Member Gregory stated he was in favor of moving forward with the stakeholders and
come back to Council with the idea that Council might be willing to spend City money to make
this happen rather than putting all the burden on property owners.
Council Member Roden stated that he was in favor of continuing the discussion. He questioned
if staff needed direction today on screening requirements
Sitton stated no but staff was asking for direction on the current screening.
Council Member Roden suggested tolerance for location issues if taking a dumpster off the
street.
Council Member Watts stated that he was open to the discussion on the issue but had concern
with the wording of the requirement as placement in parking spaces or row were placed there by
the City or development action many years ago. It the City had a requirement to take up parking
spaces, it might be acceptable with the current owner but might change with a new owner. He
felt the issue needed to include cart service and what to look for to expand that to a larger unit
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September 18, 2012
Page 6
rather than just fourplexes. He suggested looking at creative ways for places that have dumpsters
and that needed dumpsters.
Sitton stated that as part of the other projects, a number of units were eliminated. The program
would look at whether or not the development was served by dumpsters or carts with a number
of criteria.
Mayor Burroughs suggested a voluntary program as those who use it were the ones who wanted
to continue it. There might be a disconnect between management and ownership. One area of
concern might be liability. Some places did not object to recycling but did not want to be liable
for it. He felt the only way to expand the recycling program for multi-family would be through
some type of requirement; however, he had a problem forcing people who did everything right,
incurring a significant cost after the fact. He felt there needed to be a component for City
participation on the cost.
Council Member Gregory suggested that another idea for an alternative to putting up enclosures
was to make the trash cans look better such as doing art work on them.
Council Member Watts stated that another part of the discussion would be how to develop the
property for correct dumpster placement.
Consensus of the Council was to move forward with the stakeholder groups.
5. Receive a report, hold a discussion, and give staff direction on the selection process and
composition of the Citizen Advisory Committee to the update of the Denton Plan.
Bryan Lockley, Interim Director of Planning and Development, stated that Wallace, Roberts and
Todd (WRT), the consultants hired to prepare the update to the Denton Plan recommended to
Council the formation of a 20-30 member Citizen Advisory Committee (CAC). The primary
responsibility of the CAC would be to provide feedback to WRT on the goals, recommendations,
and strategies that would be developed through the updated process. WRT presented options for
the composition of the group. Those options included (1) using existing boards and commissions
to utilize their knowledge and experience, (2) appointing members from the public to introduce
more of the community into the governmental process, or (3) use a combination of the public and
boards and commission members.
Role of the committee – The expressed role of the CAC would be to (1) act in an advisory role to
Council, (2) represent broad community interests, (3) model community consensus and
encourage others to participate, (4) promote citizen ownership and endure buy-in, (5) guide
development of the Vision Statement, Alternative Scenarios and Strategic Direction, and (6)
champion the Comprehensive Plan.
Composition of the Committee – The committee should represent the diverse constituencies
within the community and consist of a membership between 20-30 members. Areas from which
to draw membership included (1) existing boards and commissions, (2) Denton Plan (1999)
members, (3) the development community, (4) Chamber/Economic Development Partnership,
(5) neighborhood associations, (6) environmental interests, (7) institutional uses such as DISD,
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September 18, 2012
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UNT or TWU, (8) Denton County Transportation Authority, (9) Denton County, (10) Lake Ray
Roberts Planning Commission, (11) Sanger, (12) Krum, (13) large landowner, (14) small
business interest, and (15) large business interest. Members identified from Group 1-6 and 13-15
should be a resident, business or land owner of the City or reside within the city. This committee
could also serve in the review of recommendations of potential code amendments by Clarion and
Associates in the review of the Denton Development Code.
Schedule for formation – Staff was proposing to utilize outreach activities to solicit potential
members, create an on-line form on the Denton Plan website to accept applications, forward
candidates to the Council members for review and selection. Upcoming events included a first
th
meeting on November 6. November 8-10 would be a three day community forum.
December/January would be used to update Council on the Denton Plan update process. Staff’s
recommendation was to proceed with the formation of the committee
Council Member Roden asked what sort of commitment level would be involved for the
members.
Lockley stated that there would be 2-3 hour meetings twice a month.
Council Member Roden felt that including boards and commissions was a good idea but the ‘99
plan had specific areas of interest. He questioned if there was a plan beyond this committee for
all of the boards and commissions having interests in the plan to go through the process.
Lockley stated that staff saw this as an opportunity to revisit that to see how it was being
implemented.
Council Member Roden suggested letting boards and commissions weigh in more heavily on the
different aspects.
Mayor Burroughs suggested considering the elements that were being developed. The sections
that dealt with areas of expertise of the boards and commissions could be directed to those
boards and commissions with a charge to look at them to assist with the development and offer
suggestions. Board and commission members on the committee could take those suggestions
back to the committee and the whole board/commission could weigh in on it through the
individual member on the committee.
Mayor Burroughs suggested not limiting other communities to just Sanger and Krum but rather
include those communities on the “edge” of Denton. Another suggestion would be property
owners on the edge of the city, perhaps in the ETJ. He also suggested a person from the
Downtown area or Mainstreet should be included.
Lockley suggested someone from the Downtown Task Force to fill such a spot.
Mayor Burroughs questioned why the Public Utilities Board was singled out for a single seat.
He felt the Traffic Safety Commission should be included instead of the Public Utilities Board.
Lockley stated that the master plan dealt with proposed development and utility lines - how to
manage growth through infrastructure and manage the growth with infrastructure.
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Mayor Burroughs felt that traffic and safety was just as critical an issue.
Lockley stated that from a land use perspective, areas in the ETJ where changes were occurring
from agriculture to business or residential needed planning for that infrastructure.
Council Member Gregory stated that he did not have a problem with the Public Utilities Board
on the committee but suggested adding Traffic Safety as well. He felt it would not hurt if the
committee were larger.
Mayor Burroughs felt that the Chamber of Commerce had a subcommittee to assist with the
process and that the Economic Development Partnership Board had a different mission. He felt
there should be one member from the Chamber and one member from the Economic
Development Partnership Board but not one or the other.
Council Member Engelbrecht indicated that he had a problem with the Economic Development
Partnership Board and the Chamber loading in one area and did not want to weight it one way or
the other. He felt he would like the Public Utilities Board and Traffic Safety Commission to
have members in order to provide input with neighborhood issues.
Lockley stated that these were examples for the makeup of the committee and were not set in
stone. Traffic Safety could be added to increase the membership from boards and commission to
eight.
Mayor Burroughs suggested taking off the Economic Development Partnership Board and
leaving the Chamber as the Chamber was a mix of people.
Council Member Engelbrecht stated that he did not see any membership representing
homeowners interests such as a long term multi-family resident. He would also like to see a
specific target for bicycles and pedestrians.
Mayor Burroughs suggested that staff refashion the list and send it back out to Council.
Lockley stated that staff could recap the list and send out to Council in an informal staff report
and Council could then provide any additional information. In terms of targeting a multi-family
neighborhood interest, it might take a little longer to reach out to that community to see who
might be interested in serving.
Mayor Burroughs noted that the key was to have weight in on the project. To have
homeowner/neighborhood associations involved.
Lockley stated that staff would start reaching out to potential members and by the time Council
was ready to appoint the committee, they would have names for consideration.
6. Receive a report, hold a discussion, and give staff direction regarding the creation of an ad-
hoc citizen advisory committee to advise Council and staff on the development of an
ordinance regulating smoking and the composition of such a citizen committee.
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September 18, 2012
Page 9
Lindsey Baker, Assistant to the City Manager, stated that the Council’s agenda included a
resolution for consideration to create an ad hoc citizen advisory committee to review the
smoking ordinance and provide recommendations to Council. A second item on the agenda
would make appointments to the committee. The Council’s backup included a list of
recommended members. These were individuals who expressed a desire to serve on the
committee or a list of proposed members from staff. She asked Council if they wanted to add to
the list or make changes to the committee.
Council Member Watts stated that he had been contacted by an interested individual. He
questioned if there was room for members and when they could be added.
Baker suggested additional members be added when Council considered the item during
Individual Items for Consideration.
City Manager Campbell stated that Council could add members to the list now and then any
future members could be added at a future meeting.
Council Member Engelbrecht nominated Sarah Bagheri.
Council Member Watts stated that John Ryan would like to serve under the citizen category or
local restaurant category.
Mayor Burroughs stated that Mayor Pro Tem Kamp had suggested Scott Campbell as a
citizen/resident and Dan Mojica as a restaurant representative.
Council Member King suggested Phil Kregel as a resident representative.
Council Member Gregory suggested Jack Thomson as a resident representative.
Council Member Roden suggested Chris Flemmons as a local musician and Adam Briggle as a
resident representative.
Mayor Burroughs suggested Pat Cheek as a resident representative.
Baker stated that the resolution would be changed to reflect the increased numbers.
7. Receive a report, hold a discussion and give staff direction regarding the CHP-Economic
Development District business development plan. (DME)
Mike Grim, Executive Manager of Power, Regulatory & Legislative Affairs provided
background information on this item. The City was seeking high valued jobs and tax revenue
growth through attracting major industrial customers. This would be done through attracting
major industrial customers, enhanced economic development opportunities, enabling major
industrial retention, creating jobs and expanding the tax base. These could be accomplished by
levering Denton's strengths to promote growth opportunities and by providing a reason for
businesses to relocate to Denton through significant cost reduction. A Combined Heat and Power
(CHP) facility provided a low-cost highly efficient and a proven form of green energy. A CHP
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September 18, 2012
Page 10
provided the benefits of efficient, reliable, economic, and environmentally sound energy. He
presented CHP example applications in other areas of Texas and the nation. CHP currently
provided 12% of the U. S. energy capacity. An Executive Order called for 50% more CHP
development by 2020.
In order to develop an attractive industrial area utilities infrastructure in the form of high
pressure natural gas supply and water supply plus land availability were needed. He noted that
the State legislation did not authorize the building of a power plant. Any excess natural gas
could be sold if the City wanted. If the City did not sell gas, it could sell gas to serve any type of
power plant that was in the area. The selling of the gas was the issue.
Council Member Watts stated that other places that had CHP plants had them located near where
the facility was going to use it. The location of a plant could limit where business could locate to
use it.
Mayor Burroughs stated that was because the City could build a CHP plant anywhere but the
problem was that there was no natural gas in the area. That was why the legislation was done in
order to get the gas there.
Grim stated that this was planning for the future. Staff was looking at ERCOT resource scarcity;
and cheap natural gas and was continually examining load growth and critical issues.
CHP project status – the environmental assessment was complete and the configuration
feasibility continued to be studied. No plant design, configuration or cost had been determined
at this time. The land acquisitions for the facility and thermal piping were nearly complete.
Natural gas pipeline status - indicative pricing had been received, high-pressure and high-volume
supply was noted, the environmental assessment was complete, and land acquisitions were nearly
complete.
Driving industrial development – The process involved identifying targeted companies/
industries, developing corporate profiles, developing partnerships with the Chamber of
Commerce, economic development, and site selectors. Prospecting materials included an
introductory letter, business development website, business development brochure, a corporate
presentation and “Doing Business in Denton” video.
Grim stated that the staff recommendation was to launch the business development campaign to
prospective customers in the fourth quarter of 2012 and issue an RFP for a business development
website.
Council Member Watts stated that combining the pipeline and CHP video presented that the
natural gas pipeline was in a stand-a-lone capacity with the capability of a CHP. There had been
a discussion if this was a new utility and if a vote by the citizens were needed when that was
done. He asked about the TIRZ potential with the Rayzor Ranch representatives and how that
was working.
Linda Ratliff, Director of Economic Development, stated that staff was just talking with the
property owner to provide utility, water, sewer and drainage, and no natural gas. They have
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September 18, 2012
Page 11
talked about a high pressure gas line and they mentioned the possibility of including it in the
TIRZ. Staff was in the process of developing the TIRZ documents and communicating with that
with the property owner.
Mayor Burroughs stated that it was his opinion that the City could not build a pipeline unless a
CHP was done.
Council Member Watts felt that according to the legislation that was passed, the City did not
have the authority.
Grim stated that if a CHP pipeline was done, there could be three years or so to get a CHP
customer. It also could be sold. He showed a video promoting Denton.
Mayor Burroughs felt that a discussion on whether to have a vote to establish a gas pipeline for
the public was necessary.
Council Member Watts stated that the City might get a company that did not need a CHP but
wanted gas. It would not be beneficial to center on a CHP to get a pipeline which really might
hinder the City. He felt the video was good for soliciting business but felt it needed to be cleaned
up. He did not want information out there that was incorrect.
Council Member Watts felt that the process had a lot of contingencies and ifs in it. He felt it
would be ok to move forward but do so carefully.
Mayor Burroughs stated that the video not clear that a CHP would have to be used and not just
obtain gas. For the City to have the ability that currently did not exist, the possibility of having a
vote was a consideration.
Council Member Engelbrecht agreed that an industry would need electricity or gas but not
necessarily a CHP. He felt a vote was needed.
Council Member Gregory liked the idea of marketing the City but felt the process was out of
sequence. If the City represented that it had some items it currently did not have, it could
frustrate some site locators. He would like to explore the possibility of the City building a gas
line to a CHP and selling that capacity but would be more comfortable getting back in sequence.
That would be done by looking at the district and a possible Charter election that would have
voters authorizing the City to be a gas provider in that section of the city. He also expressed a
concern that if the pipeline was built and there was not company, would the city legally sell the
gas.
Grim stated that the goal was to get a letter of intent from current customers in the park and then
proceed
Council Member King was in agreement with the marketing but felt that there needed to be an
election to sell the gas.
Consensus of the Council was to proceed with the marketing but to get the sequencing correct
and provide for the possibility of a vote for potential users.
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September 18, 2012
Page 12
8. Receive a report, hold a discussion and give staff direction regarding DME entering into a
License Agreement with ECOtality, Inc., for the construction and placement of Electric
Vehicle Charging Stations (EV) as part of the Department of Energy’s (DOE) "The EV
Project" (Project).
Lisa Lemons presented a briefing that was also presented to the Public Utilities Board and the
Committee on the Environment. The DME research on electric vehicle resulted in a wait and see
approach to see how the market would proceed with the electric vehicles. The scope of the
project involved a $1,000 grant to ECOtality per installation of a site. The average cost per
station was $3000. Up to 10 Level 2 Electric Vehicle Charging Stations (EV) at public facilities
in Denton. DME would collaborate with the Environmental Services and Sustainability
Department to utilize the existing internal sustainability committee to identify the appropriate
city facilities to locate the EV. ECOtality billed subscribers and paid DME for the cost of the
electricity. Example of possible sites would be libraries, city parks, the Medpark Station, etc.
Staff recommendation was for Council to approve of the EV charging station site selection
process and the execution of a license agreement with ECOtality, Inc.
Council Member Watts asked how many vehicles could be charged at a station.
Lemons stated it would depend on which unit was chosen. A normal site could do one to four
vehicles with a higher cost for sites with more vehicles.
Council Member Engelbrecht asked if the stations would only be on public property.
Lemons stated that they would be on city facilities.
Council Member Engelbrecht asked if the consultant would deal with the city on where to place
the stations.
Lemons stated that presentations would be made to the internal committee on where to place
them. The grant was also open to businesses.
Council Member Engelbrecht asked about talking with the Convention and Visitor Bureau to
have some sites located on the intestate.
Lemons stated that private businesses putting in the stations without having to talk to them about
it.
Consensus of the Council was to proceed with the proposal.
Following the completion of the Work Session, the Council convened in a Closed Session to
consider the following:
1. Closed Meeting:
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September 18, 2012
Page 13
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding legal issues and strategies related to
the demolition of substandard buildings, along with discussion of
recommended code amendments to clarify and refine the procedures
applicable to hearings and appeals of such cases.
B. Deliberations Regarding Real Property - Under Texas Government Code Section
551.072; and 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 a tract of land, located in the
M.E.P. & P.R.R. Company, Abstract Number 927, in the City of Denton,
Denton County, Texas, and generally located on the southwest corner of
north Loop 288 and Audra Lane. 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 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 presentation from Denton Municipal Electric ("DME") staff
regarding public power competitive and financial matters pertaining to
plans, strategies, opportunities, and developments for generation
improvements to the DME system; discuss and deliberate strategies relating
to selecting and acquiring generation resources for the City; discuss and
deliberate opportunities and strategies for the City to acquire purchased
power, enter into fuel transportation arrangements, and enter into agreements
regarding the same in light of the possible resource shortage in ERCOT in
order to meet its future energy needs. Discuss, deliberate and provide Staff
with direction.
2. Receive a presentation from DME staff regarding certain public power
competitive and financial issues regarding purchased power pricing
information including the First Amendment to Full Requirements Wholesale
Electric Power Service Agreement between the City of Denton, Texas and
NRG Power Marketing, LLC (First Amendment); discuss, deliberate,
consider approval of and take final action on the said First Amendment.
3. Receive a report and a presentation from Denton Municipal Electric staff
City of Denton City Council Minutes
September 18, 2012
Page 14
regarding certain public power competitive and financial matters regarding
ongoing negotiations regarding the Request for Proposals No. 4859 issued
by the City soliciting proposals for a solar-generated energy facility or
facilities for the City of Denton, Texas, and a proposed Non-Binding Letter
of Intent by and between the City of Denton, Texas and the proposed
successful bidder; discuss, deliberate, provide staff with direction, consider
and take final action regarding such matters. Consultation with the City’s
attorneys regarding legal advice regarding such matters referenced above.
A public discussion of this legal matter would conflict with the duty of the
City’s Attorneys to the City of Denton, Texas under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. UNT Mean Green Pride Proclamation
Mayor Burroughs presented the proclamation for UNT Mean Green Pride Fridays.
2. Presentation of the Government Finance Officers Association Distinguished Budget
Award
Bryan Langley, Assistant City Manager, presented the award to the City.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Richard Rogers regarding Greenfest on the Greenbelt, Sept. 29, 2012.
Mr. Rogers presented information on the Greenfest project. It would take place on the Greenbelt
and was designed to connect citizens with the outdoors. Family activities were planned. He
encouraged everyone to attend.
Council Member Roden left the meeting.
City of Denton City Council Minutes
September 18, 2012
Page 15
4.CONSENT AGENDA
Council Member Gregory motioned, Council Member Engelbrecht seconded to approve the
Consent Agenda and accompanying ordinances and resolutions with a replacement ordinance for
Item A and a substitute resolution for Item N. On roll call vote, Council Member King "aye",
Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance 2012-234
A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager or his designee to execute a Contract of Sale (herein so called) between the
City of Denton, as Buyer and G. Brad Grant, Becky J. Grant, and Charles A. Grant,
Jr., collectively, as Seller, contemplating the sale and purchase of an approximate
26.464 acre tract of land, being located in the M.E.P. & P.R.R. Company Survey,
Abstract Number 927, City and County of Denton, Texas, ("Real Property"), for a
purchase price of Two Million and No/100 Dollars ($2,000,000.00); authorizing the
City Manager, or his designee, to execute and deliver the Contract of Sale, and all
other documents necessary to accomplish closing of the transaction contemplated by
the Contract of Sale; authorizing the expenditure of funds therefore; and providing
an effective date. The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-235
B. Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton a fifth Amendment to an Airport Lease
Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended
by Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-
193 dated August 7, 2010 and amended by Ordinance 2012-056 dated March 6,
2012 and amended by Ordinance 2012-057 dated March 6, 2012 between the City
of Denton, Texas and Sykes-Vaughn Investments, LLC, which includes among
other provisions the right to sell aviation fuel to the public for a fuel flowage fee and
to provide commercial hanger and tie-down service at the Denton Municipal Airport
for real property located at 4600 Taxilane "H"; and, providing an effective date.
The Council Airport Committee recommends approval (3-0).
Ordinance No. 2012-236
C. Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton a Commercial Operator Lease Agreement
between the City of Denton, Texas and HTA Aviation for approximately 26,055
square feet of land located at 4910 Lockheed Lane at the Denton Airport; and,
providing an effective date. The Council Airport Committee recommends approval
(3-0).
Ordinance No. 2012-237
D. Consider the adoption of an ordinance of the City of Denton, Texas, approving a
Fourth Amendment to an Economic Development Program Grant Agreement dated
City of Denton City Council Minutes
September 18, 2012
Page 16
September 9, 2008 between the City of Denton and DCTIRZ, a Texas Limited
Liability Company, to assign all rights and title, to and under the Agreement to
Amarillo National Bank.
Ordinance No. 2012-238
E. Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc,
correcting an inadvertent mistake in Ordinance No. 2012-188, specifically its
amendment of a rezoning from a Neighborhood Residential 3 (NR-3) zoning district
and land use classification to a Neighborhood Residential Mixed Use 12 (NRMU-
12) zoning district and land use classification with a restrictive overlay on 3.3 acres
of land 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; providing for a penalty in the maximum amount of $2,000.00 for
violation thereof; providing for severability, savings and supersedure; and providing
for an effective date.
Ordinance No. 2012-239
F. Consider adoption of an ordinance of the City of Denton, Texas approving an
Interagency Cooperation Contract by and between the University of Texas at
Arlington and the City of Denton, Texas for a term of three years to provide landfill
field testing and monitoring services, enhanced leachate recirculation modeling,
efficiency analyses, research, development of a mining methodology and materials
characterization in order to support ongoing studies of several landfill parameters
for the City of Denton Landfill in an amount not-to-exceed $344,415; providing for
retroactive approval, confirmation and ratification thereof; authorizing the City
Manager or his designee to execute said contract on behalf of the City of Denton;
providing for the expenditure of funds; and providing an effective date (File 4816).
The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-240
G. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a Thirty-Six Month Lease Agreement with
Ricoh USA, Inc. for production printing equipment for the City of Denton
Reprographics Division through the Buy Board Cooperative Purchasing Network
(Contract # 349-11); and providing an effective date. (File 5029-Lease of
Production Printing Equipment awarded to Ricoh USA, Inc. in the annual lease
amount of $87,738.96 for a thirty-six month total of $263,216.88).
Ordinance No. 2012-241
H. Consider adoption of an ordinance accepting sealed proposals and awarding a Two
Year Contract for Maintenance Services for the City of Denton Vehicle Wash
Facility located at 1251 South Mayhill Road and providing an effective date (RFP
4837-Vehicle Wash Facility Services awarded to Pro-Tech Service Company,
L.L.C. in the annual estimated amount of $75,000 for a two year total of $150,000).
The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
September 18, 2012
Page 17
Ordinance No. 2012-242
I. Consider adoption of an ordinance accepting sealed proposals and awarding a
Public Works Contract for the Installation of a Belanger Condor Vehicle Wash
System at the City of Denton’s Vehicle Wash Facility; providing for the expenditure
of funds therefor; and providing an effective date (RFP 4837-awarded to Pro Tech
Service Company, L.L.C. in the amount of $86,590.04). The Public Utilities Board
recommends approval (5-0).
Ordinance No. 2012-243
J. Consider adoption of an ordinance approving the expenditure of funds for Red Light
Citation Verification Services for the City of Denton Automated Traffic Signal
Enforcement program available from only one source in accordance with Texas
Local Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4984-Red Light Citation Collection Contract awarded to Redflex
Traffic Systems, Inc., in the five year not to exceed amount of $150,000).
Ordinance No. 2012-244
K. Consider adoption of an ordinance accepting competitive proposals and awarding a
Two Year Contract for Administrative Services Only (ASO) for Medical and
Pharmacy Benefits and Employee Assistance Program (EAP) for the City of
Denton; providing for the expenditure of funds therefor; and providing an effective
date (RFP 4956-Administrative Services Only (ASO) for Medical and Pharmacy
Benefits and Employee Assistance Program (EAP) awarded to United Healthcare
Services, Inc. in the annual estimated amount of $601,779.36 for ASO and
$27,074.40 for the EAP for a total annual estimated amount of $628,853.76 and for
a two year estimated expenditure of $1,257,707.52).
Ordinance No. 2012-245
L. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a License Agreement by and between the
City of Denton, Texas, as Licensee and Electric Transportation Engineering
Corporation d/b/a/ ECOtality North America, a Corporation, as Licensor, for
Electric Vehicle Supply Equipment and Software for the ECOtality Project for
Electric Vehicle Refueling Stations; approving the expenditure of funds therefore;
and providing an effective date. (DME)
Ordinance No. 2012-246
M. Consider adoption of an ordinance approving the "National Highway System (NHS)
program project agreement for state-contracted traffic signal construction (with
municipality providing limited materials or labor)" regarding the City’s participation
in the procurement and installation of traffic signals on roadways within the city
limits of the City of Denton, Texas by and between the City of Denton, Texas and
the State of Texas, acting by and through its agency, the Texas Department of
Transportation; providing the City Manager with authority to carry out the rights
and duties of the city regarding said agreement; and providing an effective date.
City of Denton City Council Minutes
September 18, 2012
Page 18
Ordinance No. 2012-247
N. Consider approval of a resolution creating an ad-hoc citizen advisory committee to
advise Council and staff on the development of an ordinance regulating smoking
and the composition of such a citizen committee.
Approved the minutes listed below
O. Consider approval of the minutes of:
August 6, 2012
August 7, 2012
August 14, 2012
Approved the request below for public art.
P. Consider approval of the Parks, Recreation and Beautification Board’s
recommendation to select artist Michael Boyett’s sculpture, The Legacy, as public
art for the City of Denton. The sculpture, which will cost $31,911, is pursuant to the
City of Denton Public Art policy approved by Resolution R2006-014 and will be
funded with Hotel Tax revenues previously authorized and encumbered for
expenditure to such purposes; and declaring an effective date. The Parks,
Recreation and Beautification Board recommends approval (5-0).
Resolution No. R2012-030
Q. Consider approval of a resolution amending Resolution No. R2011-036 regarding
the Denton Handbook for Boards, Commissions, and Council Committees to add a
process by which Boards and Commissions may communicate with the City
Council.
Ordinance No. 2012-247
R. Consider adoption of an ordinance accepting competitive proposals and awarding a
Two Year Contract for Property, Boiler and Machinery Insurance Coverage for the
City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5017-Property, Boiler and Machinery Insurance Coverage for
the City of Denton awarded to Affiliated FM Insurance Company at a rate of
$0.0655 per $100 of insurable value).
Ordinance No. 2012-248
S. Consider adoption of an ordinance for the City of Denton, Texas authorizing the
City Manager to execute a professional service agreement with Focused Advocacy,
LLC to assist the City in advancing its State Legislative Program, assist council and
staff in addressing proposed legislation, and make the City aware of any legislative
or administrative initiatives believed to be detrimental to the interests of the City;
authorizing the expenditure of funds therefore; and providing an effective date
(amount not to exceed $137,500 annually, or $275,000 for the total two-year
contract).
City of Denton City Council Minutes
September 18, 2012
Page 19
Resolution No. R2012-031
T. Consider approval of a resolution expressing the intent of the City Council of the
City of Denton, Texas to seek reimbursement for the purchase price and any
remediation costs under certain circumstances for the property acquired pursuant to
Ordinance No. 2012-187, consisting of a 2.0 acre tract, more or less, and located in
the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, and located
generally at the southeast corner of the intersection of East McKinney Street and
Oakland Street, as more particularly described therein, and providing an effective
date.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to the Ad-hoc Citizen Advisory Committee on the Smoking
Regulations.
Lindsey Baker, Assistant to the City Manager, presented information on the members to be
considered and noted that the membership had been updated since the Council Work Session.
Council Member King motioned, Council Member Engelbrecht seconded to approve the revised
membership. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs
"aye". Motion carried unanimously.
B. Consider nominations/appointments to the City’s Boards & Commissions.
1. Community Development Advisory Committee
2. Health & Building Standards Commission
3. Human Services Advisory Committee
4. Parks, Recreation and Beautification Board
5. Public Utilities Board
Council Member Watts nominated Larry Varnes to the Community Development Advisory
Committee, Mayor Pro Tem Kamp nominated Greg Coward to the Health & Building Standards
Commission and Council Member Roden had previously nominated Lilia Bynum to the Public
Utilities Board.
Council Member Watts motioned, Council Member King seconded to approve the nominations.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
Resolution No. R2012-032
C. Consider approval of a resolution of the City Council of the City of Denton, Texas
receiving and accepting the City of Denton, Texas capacity, management, operation
and maintenance ("CMOM") self-audit report conducted by Pipeline Analysis,
City of Denton City Council Minutes
September 18, 2012
Page 20
L.L.C. dated July, 2012, regarding the Denton wastewater collection system
utilizing the Environmental Protection Agency’s "Region IV CMOM self-audit/self
disclosure program" and components of the Environmental Protection Agency’s
sanitary sewer overflow ("SSO") draft rule, including the CMOM and asset
management ("AM") business practices; and providing an effective date.
PS Arora, Wastewater Division Manager, presented the details on the resolution. He stated that
the Wastewater Department had retained Pipeline Analysis to audit and prepare a report for the
wastewater collection system using the EPA’s Region IV CMOM Self-Audit/Self-Disclosure
program.
Jim Forbes, Pipeline Analysis, stated that the CMOM audit was a recommendation from the EPA
to see where the system was today and where would be in the future. The audit was only done
on the wastewater collection process. Critical needs identified during the CMOM included (1)
construction inspection, (2) warranty tracking, (3) hydraulic cleaning and others. The CMOM
addressed current practices, sustainability, and prioritized program needs. System inventory and
information management found that the city collection system assets were in GIS and updated
continually. Attribute data was populated in the GIS database and procedures were in place to
update as changes were made to the collection system. The audit showed that 45% of the City
was clay pipe that would not last very long and was already deteriorating. Maintenance
Management showed that the system software was up to date and asset numbering procedures
were in place to assess asset numbers to new assets as they were added. It was suggested going
wireless to maintain the information. Safety and training showed a successful safety program as
evidenced by a good safety record. A recommendation was to have written safety policies and
overflow emergency response plan continued to be reviewed and updated to assist in the safety
efforts. The audit of the Overflow Emergency Response Plan showed that staff was well versed
in TCEQ and EPA rules and regulations and did reporting as required. The Collection System
Maintenance audit showed that preventative maintenance cleaning was being undertaken on an
aggressive schedule. He recommended adding one or two more crews to help maintain clay
pipes. In terms of Source Control, the Sewer Use Ordinance was reviewed annually by staff and
updated as needed to address infiltration/inflow illicit connections and grease. His suggestion
would be to develop an ordinance that would require retrofitting inadequately sized grease
interceptors when a new building permit was issues, new occupancy permits was applied for or
when violations exceeded a certain threshold.
Council Member Roden returned to the meeting.
Forbes continued with Standard Design, Construction and Inspection. He stated that the City had
standard design specifications, detailed drawings, approved materials lists and design criteria to
standardize the design of gravity sewer and force main projects. Communication and Outreach
showed an excellent outreach for residents in terms of the city’s website, newsletters, cable
access, auto-dialing by area, newspaper, door hangers and billing inserts. Monitoring,
Measurement and Program Modification showed that annual monitoring of CMOM by staff with
performance indicators would determine how the City was doing with the program and how to
optimize the system. In the area of adequate funding, the needs far exceeded funding sources.
Staff had prioritized the CIP program to minimize the impact on rates. Human Resource support
showed that the overall current system strove to develop career ladders to keep specialization
City of Denton City Council Minutes
September 18, 2012
Page 21
where needed. His only suggestion was that certain skilled operators should have production
standards. The audit of the Purchasing area resulted in a recommendation to develop a list of
critical spare parts that might require a sole source purchase when no suitable alternative was
available. The use of the Buy Board was encouraged.
His overall score for the audit was an “A". He noted that no other city was doing the amount of
work that Denton was doing and this was the only city he had ever given an “A” to on the audit.
Council Member Watts stated that there had been a few sanitary sewer overflows that had
occurred in the past several years and appreciated the staff’s efforts in this regard.
Council Member King motioned, Council Member Gregory seconded to approve the resolution.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and Council
Member Roden "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2012-249
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, providing for a Comprehensive Plan amendment from an Existing Land
Use/Infill Compatibility future land use designation to a Downtown University Core
future land use designation for approximately 13.31 acres, generally located on the
south side of I-35E, approximately 500 feet west of North Texas Boulevard and
legally described as a tract of land situated in the Eugene Puchalski Survey, Abstract
No. 996, Denton County, Texas, and being a portion of that certain tract of land as
described in deed to the State of Texas, recorded in Volume 294, Page 121, and
Volume 291, Page 82 of the deed records of Denton County, Texas, and being all of
Lot 1, Block 1 of the Final Plat of Sheraton North Texas Addition, an addition to the
City of Denton, Denton County, Texas, recorded in Cabinet C, Page 400, of the plat
records of Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; and providing for severability and an effective date.
(CA12-0001) The Planning and Zoning Commission recommends approval (6-0).
Mayor Burroughs noted that Item 6A and 6B would be presented together.
Ron Menguita, Planning Supervisor, stated that Item 6A was an ordinance amending the
Comprehensive Plan for a future land use designation to Downtown University Core for
approximately 13.31 acres on the south side of I-35E, west of North Texas Boulevard. UNT was
working in partnership with Denton and a private developer to develop the property into a full-
service hotel conference/convention center and restaurant. In conjunction with the
Comprehensive Plan amendment, staff was proposing to rezone the property to DC-G. This was
Item 6B on the Council agenda. If approved the DC-G would allow for the convention center
and restaurant without any limitations. He reviewed the Eagle Point campus development site
which was also in the Denia neighborhood. Staff met with residents who expressed concerns
about access and traffic from the convention center. Staff concluded the criteria for the Denia
plan would be met. The Comprehensive Plan amendment must first be approved by Council
City of Denton City Council Minutes
September 18, 2012
Page 22
before the proposed rezoning request could be considered. All criteria for the amendment had
been met per staff analysis. The Planning and Zoning Commission and Development Review
Committee recommended approval of the Comprehensive Plan amendment ad well as the
rezoning request.
The Mayor opened the public hearing for Item 6A.
Judy VanLoan, 2006 Wisteria, Denton, 76201 spoke in opposition.
The Mayor closed the public hearing for 6A.
Mayor opened the public hearing for 6B.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance for
6A. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and
Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 212-250
B. 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 2 (NR-2)
and Neighborhood Residential Mixed Use (NRMU) to a Downtown Commercial
General (DC-G) zoning district classification and use designation for approximately
13.31 acres, generally located on the south side of I-35E, approximately 500 feet
west of North Texas Boulevard and legally described as a tract of land situated in
the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a
portion of that certain tract of land as described in deed to the State of Texas,
recorded in Volume 294, Page 121, and Volume 291, Page 82 of the deed records of
Denton County, Texas, and being all of Lot 1, Block 1 of the Final Plat of Sheraton
North Texas Addition, an addition to the City of Denton, Denton County, Texas,
recorded in Cabinet C, Page 400, of the plat records of Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
and providing for severability and an effective date. (Z12-0002) The Planning and
Zoning Commission recommends approval (6-0).
The public hearing for this item was considered with 6A.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance for
6BOn roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and
Council Member Roden "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 18, 2012
Page 23
Ordinance No. 2012-251
C. 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 Regional
Center Commercial Downtown (RCC-D) on approximately 9.5 acres and the
rezoning of approximately 3.6 acres from Regional Center Residential 1 (RCR-1)
zoning district and use classification to a RCC-D zoning district and use
classification; located on the west side of North I-35, south of Ganzer Road and
north of Barthold Road; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (Z12-0004) The
Planning and Zoning Commission recommends approval (7-0).
Brian Lockley, Interim Director of Planning and Development, presented the details on the
proposal. The request was for initial zoning of Regional Center Commercial Downtown and
rezoning of a portion of the tract to Regional Center Residential 1. The purpose of the rezoning
request was to permit the existing use of RV sales and service to be operated legally. The use
was currently considered non-conforming. The Planning and Zoning Commission and the
Development Review Committee recommended approval.
Council Member Watts asked about the improvements on the property.
Lockley stated that the improvements were on site but not developed.
Council Member Watts stated that the shop building and other buildings were already there when
the property was annexed.
Lockley stated that was correct.
The Mayor opened the public hearing.
Rick Baria, 5138 Edwards Road, Denton, 76201 spoke in favor.
The Mayor closed the public hearing
Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye",
and Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-252
D. 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 2 (NR-2)
zoning district to a Neighborhood Residential 6 (NR-6) zoning district on
approximately 23.9 acres. The property is located south of Pockrus Page Road, east
of the Interstate 35 frontage road and west of Cattail Lane, within the City of Denton,
Denton County, Texas; providing for a penalty in the maximum of $2,000.00 for
violations thereof, severability and an effective date. (Z12-0006) The Planning and
Zoning Commission recommends approval (6-0).
City of Denton City Council Minutes
September 18, 2012
Page 24
Erica Marohnic, Senior Planner, stated that the proposal was to develop 116 single family
detached homes on the property. The proposed zoning was NR-6 with the lot sizes consistent
with the lots in the Villages of Carmel. The zoning was also consistent with the Villages of
Carmel. The applicant had a neighborhood meeting to work on neighborhood concerns. The
Development Review Committee found the request consistent with surrounding land uses and
along with the Planning and Zoning Commission recommended approval.
Mayor Burroughs stated that the property was zoned NR-3 due to the prior city-wide rezoning.
The property was previously agriculture. He asked if there was an NR-2 use on any of the
property.
Marohnic stated that Phase I was originally NR-2 but the property had been rezoned to NR-6.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Mark Allen, future property owner, would answer any Council questions.
Council Member Watts asked if the lot sizes would be the same as an average adjacent lot size.
Marohnic stated correct.
Bob Shelton stated that he was available to answer any questions.
The Mayor closed the public hearing.
Council Member Roden motioned, Council Member Watts seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and Council
Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-253
E. Hold a public hearing and consider adoption of an ordinance of the City of Denton
regarding a Specific Use Permit to allow a beauty shop as a home occupation within
a single-family residence on a 0.137 acre property located within a Neighborhood
Residential 4 (NR-4) zoning district. The subject property is generally located north
of Terry Court and west of Mockingbird Lane, within the City of Denton, Denton
County, Texas; providing for a penalty in the maximum of $2,000.00 for violations
thereof, severability and an effective date. (S12-0002) The Planning and Zoning
Commission recommends approval (7-0).
Bryan Lockley, Interim Director of Planning and Development, presented the details of the
request. He indicated that the specific use request would allow a beauty shop as a home
occupation within a single family residence. Neighborhood opposition was based on traffic and
safety. There was a concern that children walked in front of the property going to and from
school but it appeared that traffic was at a minimum with the business. The Planning and Zoning
Commission recommended approval as did the Development Review Committee. The
City of Denton City Council Minutes
September 18, 2012
Page 25
Commission recommended the following conditions for approval: (1) there would be no outside
employees, (2) there would be no more than one chair, (3) there would be no more than two
customers at one time and (4) hours of operation would be between 8:00 a.m. and 8:00 p.m.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member King motioned, Council Member Watts seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and Council
Member Roden "aye". Motion carried unanimously.
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1.Nell Yeldell regarding the Denton County Tax Office.
Ms. Yeldell spoke regarding the Denton County Tax office. She had a letter concerning issues
with her property and activities occurring on that property. She presented the letter to the City
Secretary. She presented details regarding a problem she had with the Denton County Tax
Office regarding tags for her vehicle.
8. 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 did not have any items for consideration.
City of Denton City Council Minutes
September 18, 2012
Page 26
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Council returned to Closed Session at 8:15 p.m. with no official action taken.
With no further business, the meeting returned to Open Session at 8:25 p.m. and the meeting was
adjourned.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS