May 07, 2013 MinutesCITY OF DENTON CITY COUNCIL MINUTES
May 7, 2013
After deternuning that a quonim was present, the City Council convened in a Work Session on
Tuesday, May 7, 2013 at 4:30 p.m. in the Council Work Session Room.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for May 7, 2013.
Council Member Gregory stated that Consent Agenda Items O, P, and Q had been to the Public
Utilities Board and aslced for the recommendation from the Board.
City Manager Campbell stated that all were approved by the Public Utilities Board. He stated
that the normal process for sanitary easements was that they would be signed by the owners prior
to Council which was not the case with these. He stated that Items O and P needed to be
considered but not Q. If staff did not get the signatures from the property owners he would not
sign the agreements. However, Item Q needed to be pulled from consideration.
Council Member Roden stated that he had heard that there had been noise complaints with
Content Agenda Item A.
Emerson Vorel, Director of Parlcs and Recreation, stated that here had been some complaints
associated with the address in the past. However, there were no complaints with the events last
year. He stated that staff would tracic these dates with the PD and any associated complaints. If
the applicants wanted further dates, any complaints would be part of the dialog at that point.
Council Member Roden stated that this was a great community event. The requestors had moved
the music into the corner of the wash bays for any noise problems.
John Cabrales, Assistant City Manager, stated that the activities would be moved into the car
wash building and the music would be projected out to Bell Avenue which would not direct it to
the residential area. If there continued to be noise problems, staff would recommend denial of
any future events.
Council Member Engelbrecht aslced if the approval of the events could be rescinded if that
became the case.
Cabrales stated correct.
Council Member Watts asked if Consent Agenda Item M was listed on the agenda because it did
not fit into the categories of the delegation of authority.
City of Denton City Council Minutes
May 7, 2013
Page 2
City Manager Campbell stated that was correct.
Following the completion of the Work Session, the Council convened in a Closed Session at 4:40
p.m. to consider the items listed below.
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City's attorneys regarding status and possible disposition of
litigation styled Zavq et al. v. City of Denton, Cause No. 1010-40410-
362, currently pending in the 362nd District Court, Denton County, Texas.
2. Consult with, and provide direction tq the City's attorneys regarding a
proposed enforcement action related to sanitary sewer overflows, where a
public discussion of such legal matters would conflict with the duty of the
City's attorneys to the City of Denton, Texas and the City Council of the
City of Denton, Texas under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
3. Consult with the City's attorneys regarding legal issues associated with the
exercise of enunent domain to acquire real property interests for public
use, including without linutation, statutory procedural requirements
related to the initiation of an enunent domain action, 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 adnunistrative
proceeding or potential litigation.
4. Consult with City's attorneys with regard to Item # SA May 7, 2013
Regular Meeting Agenda, as it concerns legal issues associated with that
item where a public discussion of this legal matter would conflict with the
duty of the City's attorneys 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, 215 E. McKinney Street.
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
City of Denton City Council Minutes
May 7, 2013
Page 3
L Motorcycle Safety & Awareness Month
Mayor Burroughs presented the proclamation for Motorcycle Safety Awareness Month.
2. Presentation of GFOA Certificate of Excellence in Financial Reporting
Chucic Springer, Director of Finance, presented the award to the City on behalf of the GFOA.
This was Denton's 26 year in a row that it had received the award.
3. Drinlcing Water Week in Denton
Mayor Burroughs presented the proclamation for Drinlcing Water Week in Denton.
4. Green Power Partner Proclamation
This proclamation was not done at this time.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Barbara Owens regarding a utility issue.
Ms. Owens stated that she had an issue with an old utility bill from when she lived in Denton
several years ago. She suggested Council consider a citizen advisory comnuttee to listen to
various citizens who were having problems with their utility bills. This would be a utility
advisory board to deal with extenuating circumstances.
4. CONSENT AGENDA
Mayor Burroughs indicated that Item Q had been pulled from consideration.
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item Q. 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.
A�proved the request for noise exception as noted below.
A. Consider. a request for an exception to the noise ordinance for the purpose of
performing live music by the SuperEstrellas at the La Estrella Mini Marlcet on the
corners of McKinney Street and Railroad Avenue on the following Friday and
Saturday nights: May 10, 11, 24, 25; June 14, 15, 28, 29; July 12, 13, 26, 27;
August 2, 3, 16, 17, 30, 31; September 13, 14, 27, 28; and October 11,12, 25 and
26, from 9:00 p.m. until nudnight. This request is for an extension of hours from
City of Denton City Council Minutes
May 7, 2013
Page 4
10 p.m. to nudnight for amplified sound. The amplified sound will remain at the
allowable 65 decibels. Staff recommends approving the noise exception for the
dates listed.
A�proved the acceptance of the public art noted below.
B. Consider approving the acceptance of public art entitled, "The Recital," an
etching by the late Susan Medler donated by her daughter, Stacy Medler, pursuant
to the City of Denton Criteria to Accept Public Art policy. The Parks, Recreation
and Beautification Board recommends approval (6-0).
Ordinance No. 2013-115
C. Consider adoption of an ordinance approving a sponsorship in an amount not to
exceed $10,000.00 of in-lcind services for the Third Annual Susan G. Komen for
the Cure, North Texas, to be held in South Lalces Parlc and the surrounding
neighborhoods on September 28, 2013.
A�proved the request for a noise exception as noted below.
D. Consider a request for an exception to the noise ordinance for the purpose of
playing music and operating a public address system during the Juneteenth
Celebration. The event will be located in the Fred Moore Parlc on Friday, June 14,
2013, beginning at 4 p.m. and concluding at 11:30 p.m.; and on Saturday, June
15, 2013, beginning at 10 a.m. and concluding at nudnight. This request is for an
exception to the hours of operation and for an increase in sound decibels from 70
to 75 decibels for the amplified sound. Staff recommends approving the requests.
Resolution No. R 2013-013
E. 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 2013 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. 2013-116
F. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the Buy Board Cooperative
Purchasing Networlc for the acquisition of fifteen (15) solar compacting trash and
recycling units for the Solid Waste Division; and providing an effective date (File
5229-Purchase of Fifteen (15) Solar Compacting Trash and Recycling Units
awarded to Adrite in the amount of $113,284.80 of which $60,014.90 will be paid
by North Central Texas Council of Governments Regional Solid Waste Grant
funds). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2013-117
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of
Schweitzer Engineering Laboratories, Inc. (SEL) ICON equipment, factory set
up and testing, and on-site training from Schweitzer Engineering Laboratories,
City of Denton City Council Minutes
May 7, 2013
Page 5
Inc., which is available from only one source and in accordance with Chapter
252.022 of the Texas Local Government Code such purchases are exempt from
the requirements of competitive bidding; and providing an effective date (File
5224-Purchase of SEL ICON Equipment for Denton Municipal Electric in an
amount not-to-exceed $261,902.75). The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2013-118
H. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving a three (3) year expenditure of funds for the purchase
of a Geographic Information/Facilities Management System (GIS) software
products for core operations, enhanced web-based GIS, and a new Outage
Management System from Telvent USA, LLC, which is available from only one
source and in accordance with Chapter 252.022 of the Texas Local Government
Code such purchases are exempt from the requirements of competitive bidding;
and providing an effective date (File 5225-Purchase of GIS Software Products,
Enhanced Web-Based GIS, and Outage Management System in the not-to-exceed
amount of $491,813.75). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2013-119
L Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of electric utility underground and substation cable for
Denton Municipal Electric in a five (5) year not-to-exceed amount of
$24,000,000; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5062-awarded to Techline, Inc. in the not-to-exceed amount
of $20,000,000 and Stuart C. Irby Company in the not-to-exceed amount of
$4,000,000).
Ordinance No. 2013-120
J. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of substation control buildings for Denton Municipal
Electric in a three (3) year not-to-exceed amount of $3,090,000; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5156-
awarded to Sniart C. Irby Company). The Public Utilities Board recommends
approval (7-0).
Ordinance No. 2013-121
K. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the rental of twelve (12) fifteen-passenger vans for the City of
Denton Parlcs and Recreation Department Summer Camp Programs and four (4)
cargo vans for the Summer Food Service Program (City will be reimbursed
through Texas Department of Agriculture grant funding) in a three (3) year not-
to-exceed amount of $172,365; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5196-awarded to EAN Holdings, LLC dba
Enterprise Rent-A-Car).
City of Denton City Council Minutes
May 7, 2013
Page 6
Ordinance No. 2013-122
L. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of three (3) John Deere 1600 Turbo Series II
Commercial Wide Area Mowers for the City of Denton Parks and Recreation
Department; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5213-awarded to Lawn-Land in the amount of $135,816).
Ordinance No. 2013-123
M Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.418 acre tract situated in the Gideon Wallcer Survey,
Abstract No. 1330, located in the City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance and made a part
thereof, located generally at 781 and 801 South Mayhill Road (the "Property
Interests"), for the public use of expanding and improving the City of Denton
Landfill, a pernutted municipal solid waste disposal facility; authorizing the City
Manager or his designee to malce an offer to (1) Shiron Investments, LLC, a
Texas Limited Liability Company; Jorge Maldonadq Maricela Maldonado and
Victor Maldonado; and Charles Bloodworth and Merideth Mitchell (collectively,
the "Owner"); (2) successors in interest to the owner to the property interests; or
(3) any other owners of the property interests, as may be applicable, to purchase
the property interests for the purchase price of One Hundred Forty Two Thousand
Dollars and No Cents ($142,000.00), and other consideration, as prescribed in the
Contract of Sale (the "Agreement"), as attached to the ordinance and made a part
thereof; authorizing the expenditure of funds therefor; authorizing relocation
expenditures; and providing an effective date.
A�proved the minutes listed below.
N. Consider approval of the minutes of:
April 1, 2013
Apri12, 2013
April 9, 2013
April 16, 2013
Ordinance No. 2013-0124
O. Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute an Easement Purchase and Abandonment Agreement, between the City
of Denton, Texas ("City") and Atmos Energy Corporation, a Texas and Virginia
Corporation ("Atmos"), contemplating (i) the abandonment of a portion of a
certain Public Utility Easement (the "Existing Easement") dated on or about May
22, 1972, from Lone Star Gas Company to the City of Denton, Texas, recorded in
Volume 648, Page 138, Deed Records, Denton County, Texas, abandoning the
existing easement insofar as said existing easement covers and encumbers that
certain 0.093 acre tract, located in the Hiram Sisco Survey, Abstract 1184,
Denton County, Texas (the "Abandonment Tract"); and (ii) the grant of a Sanitary
Sewer Easement and Temporary Constniction, Grading and Access Easement
(collectively, the "Separate Easement), from Atmos to the City, covering and
encumbering 0293 acre, located in the Hiram Sisco Survey, Abstract No. 1184,
all said tracts located generally at the 100 blocic of North Bradshaw Street;
City of Denton City Council Minutes
May 7, 2013
Page 7
providing for the expenditure of funds; providing a severability provision; and
providing an effective date. (Pecan Creelc Sanitary Sewer Interceptor - Phase II)
Ordinance No. 2013-125
P. Consider adoption of an ordinance authorizing the City Manager of the City of
Denton, Texas ("City") to execute, for and on behalf of the City, an Easement
Grant and Abandonment Agreement ("Agreement"), by and between the City and
J& S WOOD, L.P., a Texas limited partnership ("Owner"), providing for (a) the
granting to the City of an easement (herein so called) for public utility purposes,
encumbering a 0.045 acre tract being more particularly described in the easement,
being attached to and made a part of the agreement; and (b) the partial
abandonment ("Abandonment") by the City of (i) that certain Sanitary Sewer
Easement, dated on or about December 20, 1960, from Henry C. Taliaferro and
wife, Katheryn Taliaferro to the City, recorded in Volume 464, Page 194, Deed
Records, Denton County, Texas; (ii) that certain Public Utility Easement, dated
on or about August 7, 1980, from Calusa Development, Inc. to the City, recorded
at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii) that
certain All Purposes Public Utility Easement, dated on or about May 14, 1982,
from RepublicBanlc Dallas, National Association to the City, recorded in Volume
1143, Page 125, Deed Records, Denton County, Texas; and (iv) that certain 16'
Public Utility Easement shown on Lot 1, Blocic A of the final plat of the James
Wood AutoParlc Addition, an addition to the City of Denton, Texas, as recorded
in Cabinet R, Page 42, Plat Records, Denton County, Texas (collectively, the
"Affected Easements"), insofar and only insofar as the affected easements
encumber a 0.234 acre tract and a 0.064 acre tract, both tracts being more
particularly described in the Abandonment and Release, attached to and made a
part of the agreement, all tracts of real property being located in the M.E.P. &
P.R.R. Company Survey, Abstract No. 950, Denton County, Texas and being
generally located at the 3900 Blocic, South Interstate Highway 35 East; providing
a savings clause; and providing an effective date. (State School Sanitary Sewer
Interceptor - Phase I�
This item was not considered.
Q. Consider adoption of an ordinance authorizing the City Manager of the City of
Denton, Texas ("City") to execute, for and on behalf of the City, an Easement
Grant and Abandonment agreement ("Agreement"), by and between the City and
52241, L.P., a Texas linuted partnership ("Owner"), providing for (a) the granting
to the City of (i) a public utility easement (herein so called) for public utility
purposes, encumbering a 0.786 Acre tract, being more particularly described in
the public utility easement, being attached to and made a part of the Agreement;
and (ii) a Temporary Constniction, Grading and Access Easement ("Temporary
Easement"), encumbering 0.488 Acre of land, being more particularly described
in the Temporary Easement, being attached to and made a part of the Agreement;
and (b) the partial abandonment and release ("Release") by the City of (i) that
certain Sanitary Sewer Easement, dated on or about January 1, 1961, from Walter
M. Lea and wife, Jane C. Lea to the City, recorded in Volume 464, Page 188,
Deed Records, Denton County, Texas; (ii) that certain Public Utility Easement,
dated on or about August 7, 1980, from Calusa Development, Inc. to the City,
City of Denton City Council Minutes
May 7, 2013
Page 8
recorded at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii)
that certain All Purposes Public Utility Easement, dated on or about May 14,
1982, from RepublicBanlc Dallas, National Association to the City, recorded in
Volume 1143, Page 125, Deed Records, Denton County, Texas; and (iv) that All
Purpose Public Utility Easement, dated on or about October 6, 1981, from Leon
McNatt Motor Co. to the City, recorded in Volume 1106, Page 73, Deed Records,
Denton County, Texas (collectively, the "Affected Easements"), insofar and only
insofar as the Affected Easements encumber a 0.095 Acre tract and a 0.489 acre
tract, both tracts being more particularly described in the Release, attached to and
made a part of the Agreement, all tracts of real property being located in the
M.E.P. & P.R.R. Company Survey, Abstract No. 950, and the Gideon Wallcer
Survey, Abstract No. 1330, Denton County, Texas and being generally located at
the 4000 Block, South Interstate Highway 35 East; providing a savings clause;
and providing an effective date. (State School Sanitary Sewer Interceptor - Phase
II)
Ordinance No. 2013-126
R. 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), as
attached to the ordinance and made a part thereof as Exhibit "A", by and between
Denmiss, L.L.C., a Mississippi limited liability company (the "Owner"), and the
City of Denton (the "City"), regarding the sale by Owner and purchase by the
City of fee simple to a called 4.620 acre tract of land, being situated in the Gideon
Wallcer Survey, Abstract No. 1330, and being all of Lot 1-R, Block A, Phase One
of Ronjon Group Business Park, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet Q, Page 350,
Plat Records Denton County, Texas, located generally along the 1000 blocic of S.
Mayhill Road, north of Gayla Drive, for the public use of expanding and
improving the City of Denton Landfill, a permitted municipal solid waste disposal
facility, for the purchase price on one nullion two hundred fifty thousand and
no/100 dollars ($1,250,000.00), and certain costs, as prescribed in the Contract of
Sale; authorizing the expenditure of funds therefor; authorizing relocation
expenses, if applicable; and providing an effective date.
Ordinance No. 2013-127
S. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager, or his designee, to execute a Purchase Agreement (herein so
called), as attached hereto and made a part hereof as Exhibit "A", by and between
Milton B. Clearman and wife, Anita A. Clearman (collectively, the "Owner"), and
the City of Denton (the "City"), regarding the sale by Owner and purchase by the
City of fee simple to a called 1.52 acre tract of land and certain easements
encumbering .80 acre, more or less, all lands being situated in the AN.B.
Ton�lcins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, as
more particularly described in the Purchase Agreement, located generally in the
2100 blocic of South Bonnie Brae Street, for the public use of expanding and
improving Bonnie Brae Street, a municipal street and roadway, for the purchase
price of Three Hundred Thirty Thousand and No/100 Dollars ($330,000.00), and
certain costs, as prescribed in the Purchase Agreement; authorizing the
City of Denton City Council Minutes
May 7, 2013
Page 9
expenditure of funds therefore; and providing an effective date. (Bonnie Brae
Widening and Improvements project - Parce121)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, providing for a
zoning change from a Rural Residential (RD-5) zoning district classification and
use designation to an Employment Center Industrial (EGI) zoning district
classification and use designation for approximately 27.76 acres of land,
generally located north of University Drive and west of Masch Branch Road and
legally described as Lot 2, Blocic 1 of the Marriott Gardens Addition, in the City
of Denton, Denton County, Texas; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; and providing a severability clause
and an effective date. The Planning and Zoning Commission recommends
approval (7-0). (Z12-0014, Masch Branch Rezoning) The City Council
postponed this item to the May 7, 2013 Council meeting (5-1).
Council Member Gregory motioned, Council Member Roden seconded to postpone
consideration of this item until a date certain of May 14, 2013. 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.
B. Consider nominations/a�pointments to the Citv's Boards & Commissions.
1) Public Art Committee
Council Member Gregory nominated Tristen Bynum to the Public Art Committee.
Council Member Gregory motioned, Council Member Engelbrecht seconded to approve the
nomination. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden —"aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE
USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2013-129
A. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of eminent domain (i) a Sanitary
Sewer Easement encumbering 0.376 acre of real property, and (ii) a Temporary
Constniction, Grading and Access Easement encumbering 0.360 acre of real
property, for the public use of expanding and improving the municipal sanitary
sewer system; generally located in the 300 Blocic of Frame Street, and both
tracts being situated in the Buffalo Bayou, Brazos & Colorado Railroad
Company Survey, Abstract Number 185, City of Denton, Denton County, Texas,
as more particularly described in Exhibit "A" and Exhibit "B", respectively, each
City of Denton City Council Minutes
May 7, 2013
Page 10
attached thereto and made a part thereof (collectively, the "Property Interests");
authorizing the filing and prosecution of enunent domain proceedings to acquire
the Property Interests; authorizing the expenditure of funds therefor; malcing
findings; providing a savings clause; and providing an effective date. (Pecan
Creelc Sanitary Sewer Interceptor - Phase II)
Mayor Burroughs noted that Council had received an alternate ordinance to consider.
Paul Williamson, Real Estate Manager, presented the details of the proposal. He displayed the
location of the new sanitary sewer line. This was the last outstanding parcel for consideration of
the project. As the motion was being made, he would page through the exhibits in order to meet
legal requirements.
Mayor Pro Tem Kamp motioned "I move that the City of Denton, Texas authorize the use of the
power of eminent domain to acquire (1) a sanitary sewer easement encumbering 0.376 acre of
real property; and (2) a temporary constniction, grading and access easement encumbering 0.360
acre of real property; generally located in the 300 block of Frame Street, both tracts being
situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No.
185, and being more particularly described in Exhibit "A" and Exhibit "B", respectively, to the
ordinance now under consideration and on the overhead screen being now displayed to the
audience, for the public use of expanding and improving the municipal sanitary sewer system in
the City of Denton, Texas." Council Member King seconded to adopt the ordinance. On roll
call vote: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —
"aye". Motion carried unanimously. Real property description is attached as Exhibits A and B.
7. PUBLIC HEARINGS
Ordinance No. 2013-129
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, adopting Standards of Care for Youth/Teen Programs
administered by Denton's Parlcs and Recreation Department pursuant to Texas
Human Resources Code Section 42.041 (b)(14); and providing an effective date.
The Parlcs, Recreation and Beautification Board recommends approval (6-0.)
Kathy Schaeffer, Parlcs Special Projects/Fiscal Operations Manager, stated that the ordinance
would approve the standards of care for the City's various youth camps. They were intended to
be minimum standards by which the City of Denton Parks and Recreation Department would
operate the City's Youth/Teen Programs. The programs operated by the City under the Standards
of Care were recreational in nature and were not day care programs. The State required a public
hearing each year on the standards of care and they had not changed from last year.
The Mayor opened the public hearing.
No one spolce during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
May 7, 2013
Page 11
Mayor Burroughs aslced about the standards for behavioral issues. He presumed that the staff
considered those events and deternuned if the niles were adequate. He asked about the process
for reviewing incidents and how that related to the standards.
Schaeffer stated that each year staff reviewed the number of incident reports, disciplines and
incidences and made sure that any responses were in line with the right amount of warnings and
procedures. Staff focused on positive discipline and felt that it was important to have
communication with the youth and staf£ Parents were also included when necessary.
Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden —"aye". Motion carried unanimously.
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for approval of a detailed plan for 6.199 acres located
within Planned Development 120 (PD-120) zoning district; generally located on
the south side of Loop 288, west of the intersection of EM 2164/Locust Street
and Loop 288, in the City of Denton, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. The Planning and Zoning Comnussion
recommends approval (5-1). (PDA12-0006, Gardens of Denton Phase 2)
Brian Locldey, Director of Planning and Development, presented the details of the proposal. He
stated that the proposal was for a detailed plan located within PD-120. He reviewed the location
of the property, the zoning map, proposed detailed plan, and land uses surrounding the property.
The PD had two sites for multi-family. One was a moderate activity center and one was low
intensity units. The proposed Gardens of Denton Phase II combined with Phase I of the Gardens
of Denton would have a combined maximum density of 17.1 dwelling units per acre. This would
be a three story development with landscaping around the outside of the property. The proposed
building elevations were presented. The Planning and Zoning Comnussion along with the
Development Review Committee recommended approval. One member of the Planning and
Zoning Comnussion had a concern regarding the proposed density of Phase 2. A concern was
also expressed regarding the compact density of the development. The applicant had expressed a
concern about the property due to the amount of dedication that was necessary and the location
of an existing channel with overhead power lines and utility lines. Phase 1 was developed to
accommodate what could be placed on the property and the applicant was now trying to malce up
the density that was not possible in Phase 1. The Commissioner also had a concern with the
quality of the development compared to Phase 1 due to the higher density and the compact nature
of the site design plus a concern with the design of the central building with two central
courtyards which could be conducive to crinunal activity.
Mayor Burroughs aslced if there was any other acreage under the PD permitted for multi-family.
Locldey stated that the west side had 25 acres but that was not owned by the proposed developer.
Mayor Burroughs aslced how much acreage was left that was not multi-family.
City of Denton City Council Minutes
May 7, 2013
Page 12
Locldey stated that single family had 147 acres and general retail had 20.74 acres.
Council Member Roden stated that the PD allowed 18 units per acre and when the calculation
was combined with Phase 1 it came to 17 units per acre. He questioned if the PD allowed for that
combined analysis.
Locldey stated that it allowed for some flexibility to provide a different project as long as it met
the average density for that section.
Council Member Roden stated that when there were multiple owners in PD as in this case, the
race would be whoever got there first would get the highest density.
Locldey stated that if the property were not owned by the same person, the answer would be yes.
Council Member Roden questioned what would have to be done if higher density were desired.
Locldey stated that the PD would have to be amended.
Council Member Gregory aslced if the averaging was just for the multi-family or did it included
general retail and other zoning
Locldey stated that the concept plan approved the density for the multi-family only.
Council Member Gregory aslced about the density for Phase 1 and Phase 2.
Locldey stated that Phase 1 was 11.62 units per acre and Phase 2 was 33.3 units per acre.
Council Member Gregory stated that the 25 acres to the west would be left with 16.52 units per
acre. He questioned if it would be possible for the developer to subdivide the 25 acres.
Locldey stated that it could be replatted as long as the requirements of the PD for units per acre
were met.
Council Member Watts stated that he had pulled the 1986, 1998 and 2010 ordinances. This was
the first time he had seen the concept of averaging as Council did not do many PDs. The
documents he pulled did not refer to a phasing in of density. He felt the averaging was more of a
concept and procedure that staff used on this project to accommodate the request of the
developer with the second phase. He expressed a concern with the density on this parcel
especially with other parcel not owned by the same owner. He questioned if the PD was silent
on the averaging concept.
Locldey replied correct.
Council Member King aslced if the averaging was allowed within the planning niles.
Locldey stated that it was not a violation of the PD.
City of Denton City Council Minutes
May 7, 2013
Page 13
Council Member Roden aslced if the property owner of the other parcel of land would have a
talcings claim given the fact that he bought the property with the appearance of having 18 units
per acre.
City Attorney Burgess stated that staff would research that and provide Council a response. Staff
had been reviewing the minutes of the prior meetings on this PD but had inadequate time to
review the discussion.
Council Member Watts asked if the averaging concept written in the Development Code or any
zoning ordinances to allow for that. He questioned if it was an interpretation of the regulations.
Locldey stated that it was not expressly written.
The Mayor opened the public hearing.
The following individuals spolce during the public hearing:
Joshua Jezelc, representing the property owner, spolce in favor. He indicated that with
Phase 1, there were several infrastnicture requirements that had to be done on the development
tract such as right-of-way for Bill Street and a large channel for off-site drainage. There was also
an existing 70-75 foot electrical easement on west side of the property. Phase 2 had the
dedication of additional right-of-way for a service collector street plus all the improvements from
Phase 1. There was a linuted developable area for Phase 2 and the owner was trying to
maximize the 18 units per acre for the entire development. The developer was worlcing with the
adjacent property owner for pernussion for additional easements and had accepted tying Bill
Street into the property. The adj acent property owner was the only one who approved the
response to the proposal and that property owner lcnew all along what was happening with the
property. There was a linuted ability throughout the proj ect to loolc at density due to the right-of-
way for the property.
Council Member Gregory asked if the right-of-way and topography of the property was unusual
to him.
Jezelc stated that there was less developable area for this project plus the added infrastnicture.
They had to put all of the right-of-way on their property instead of only half.
Brian Bentley requested to spealc. He indicated that he was a member of the Planning
and Zoning Comnussion.
Mayor Burroughs stated that a presentation by a Planning and Zoning Commission member was
a violation of the Boards and Comnussion niles.
City Attorney Burgess stated that the Board and Commission niles were clear and Council heard
from Boards and Comnussions through formal reports to the Council.
Council Member Gregory stated that a few years ago when Council was considering the Fry
Street development, a Planning and Zoning Comnussion member who was a dissenting vote was
allowed to speak to Council.
City of Denton City Council Minutes
May 7, 2013
Page 14
Mayor Burroughs noted that the Council's niles and Board and Commission niles had changed
since that time to clarify that issue.
Council Member Watts stated that if someone came up and did not announce he/she was on a
board or commission, there would not be a problem. The involcing of this provision presumed
that the individual was spealcing in the capacity of that board or comnussion.
City Attorney Burgess stated that the boards and comnussions were appointed by Council to act
in an advisory capacity. Council wrote the nile on how information would be passed on to
Council; specifically the provision was in niles regarding individuals who were acting on the
voice of the board or commission. It did not address a private citizen who wanted to address the
Council.
Council Member Roden stated that the Public Art Comnuttee members were invited to present to
Council in that capacity and questioned how the niles applied in that situation.
Mayor Burroughs noted that was not a public hearing and the members were invited to present.
Council had aslced for input from those members.
Mayor Pro Tem Kamp stated that members could still provide notes to Council or emails
indicating their objection to an issue.
City Attorney Burgess stated that was correct and it did happen in this instance.
Pati Haworth, spoke in opposition.
The petitioner did not request a rebuttal.
The Mayor closed the public hearing.
Council Member Gregory felt the flexibility was stretched was a bit with this proposal. He had
issues with the averaging especially when one area was 11 units per acre and another 33 units per
acre.
Council Member Engelbrecht stated that he was on the Planning and Zoning Comnussion when
this was done. One big issue at that time was the density. In this case, the Commission agreed
to increase the density from 12 to 18 units because of the required dedications. His perspective
was that he always lilced to have the same density throughout the area.
Mayor Burroughs stated that prior discussions regarding PDs before they were no longer used,
was that density trading was done as long as there was greater parldand than what was required.
He wanted to make sure the overall density was not out of range. Council would be zoning
property, not people. It was the property that was being zoned and not which person owned
which property. To him the trade off of density was clearly something that was discussed.
Council Member Roden noted that there was no DCTA line there. His concern in this issue was
that he did not lilce the combined analysis and interpretation for flexibility. The density was out
of line with the surrounding area. There was just too much density.
City of Denton City Council Minutes
May 7, 2013
Page 15
Council Member King felt it was the planning process. He felt more and more people lilced
multilevel story apartments. These types of developments were done in the outer areas. He felt
it was the property owner's call. The property owner would talce the rislc if it would worlc or not.
If the proposal was allowed and fit within the scheme it was hard just saying someone did not
lilce three story units.
Council Member Gregory stated that he was undecided on his view of the proposaL If the
concept on averaging was not codified, someone in the future could come bacic and want to
average with single-family homes.
Council Member Engelbrecht felt that the issue raised could have someone zone dense on one
little piece next to single-fanuly. He did not feel that was the goal the City would want to do.
The higher density proposed was along Loop 288 which in some cases made sense. In regards to
letting the marlcet decide, he was olc with that except if it did not worlc and the City then was
stucic with it. He questioned the design and questioned what would happen if the proposal did
not worlc.
Mayor Burroughs noted that Loop 288 was a major thoroughfare and the challenge was what to
put next to it. Certain uses would not be appropriate such as single-family. Some businesses
would be appropriate or multi-family would be appropriate. From his perspective, multi-family
was most appropriate to have there. The other multi-family property was not designed and did
not lcnow the units would be on the property next to NR-6. The detail plan would have to come
to Council for consideration. He felt there was adequate protection with the process for that
instance. To him, this was the way the PD was designed to be developed. The concept was to
build in some flexibility.
Council Member Gregory questioned if parlc land or school property had been dedicated with the
PD. He did not see any indication of that. He questioned what type of landscaping requirements
or tree canopy requirements applied to this proposal.
Locldey stated that landscaping was at 10% and tree nutigation was not part of the PD ordinance
at that time.
Council Member Watts expressed a concern as he saw this as a case of first impression. It nught
be different had he seen this averaging of the densities before and needed to lcnow about guiding
principles of it. He felt the original phase process had not been vetted very clearly. He was
reluctant to support the disparity of what was currently there and what was proposed.
Mayor Burroughs felt that it would be pnident to aslc the developer about the tinung of the
project and if there would be a problem aslcing for time to worlc out some of these issues.
Perhaps hold a worlc session to discuss PDs and what flexibility there was concerning PDs.
Jezelc stated that they had all of their approvals from the City including TxDOT. They were
planning to start TxDOT worlc within the next couple of worlcs and were worlcing on placing the
final plat on the May 22nd Planning and Zoning Comnussion agenda. However, they would
prefer the next Council meeting rather than a denial. They were worlcing on another project in
the City were the zoning was split through the site.
City of Denton City Council Minutes
May 7, 2013
Page 16
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to postpone
consideration of the item until the June 4, 2013 Council Meeting. On roll call vote: Council
Member King, Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —"aye". Motion
carried unanimously.
Ordinance No. 2013-130
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapter 3("Procedures") of the Denton
Development Code by adding new Section 35.3.13 ("Development Criteria
Manual Procedure") establishing criteria for the amendment of Development
Criteria Manuals; and by amending Section 35.3.4.A adding a new action item
that is required to follow the Zoning Amendment Procedure; and providing for
the ratification of existing criteria manuals; and providing for severability and an
effective date.
PS Arora, Wastewater Division Manager, presented the details on the proposal. This proposal
would adopt an ordinance which would allow for the amending of the criteria manuals. The
Development Criteria Manual Procedure was adopted by the Denton Development Code (DDC)
and adopted the seven development criteria manuals by reference. The manuals included
Application Criteria Manual, Constniction Criteria Manual, Drainage Criteria Manual, Site
Design Criteria Manual, Site Plan Criteria for Municipal Solid Waste and Recyclables Storage
and Enclose Requirements, Transportation Criteria Manual and Water and Wastewater Criteria
Manual. As new products came into the marlcet, new specifications were developed,
improvements made to existing products, new methods of constniction were advanced, and these
needed to be incorporated into the Development Criteria Manuals to stay current. However, the
Denton Development Code did not provide a procedure for malcing administrative amendments
to these manuals. Staff was proposing to amend the procedures section of the DDC by adding a
new section that would establish criteria for the amendment of these criteria manuals and by
adding a new action item that was required to follow the Zoning Amendment procedure.
The changing of Subchapter 3 would accomplish (1) the adoption of the seven development
manuals as they currently e�sted, and (2) the administrative amendment procedure for lceeping
the development criteria manuals current. Staff would discuss the proposed amendments with
stakeholders that included the development community comprising of developers, engineering
architects, etc. The proposed amendment would be posted on the web site and at City Hall at the
location for posting notices of all public meetings for a period of not less than 30 days. During
this 30 day period, comments of interested persons and written protests or requests for review
would be received by staff. All proposed amendments would become final unless review was
requested or a written protest was filed within the 30 day period.
The City would malce an attempt to resolve all protests or requests for review and consider all
comments filed with the 30 day period. If the protests or requests for review could not be
resolved, the amendment would be processed as an ordinance Staff presented these changes to
the Planning and Zoning Commission in a public hearing on November 14, 2012. Staff had
proposed that the changes be discussed with stakeholders, get their input, and then post for 30
days. If there was a disagreement on any proposed change, and staff and the stakeholders could
not come to an agreement, then only that change would be brought to the Planning and Zoning
City of Denton City Council Minutes
May 7, 2013
Page 17
Commission and then to the City Council in a public hearing. However, the Planning and
Zoning Commission recommended that all proposed changes be brought to the Commission
prior to public posting after presentation to the stalceholders.
Staff recommendation was to present the proposed changes to the stalceholders, achieve
consensus, post the changes for 30 days and then adopt the criteria manual changes. If consensus
could not be achieved, then the item would be taken to the Planning and Zoning Comnussion and
the City Council only for those changes where there was disagreement between staff and
stalceholders.
Council Member Engelbrecht asked about phasing in the amendments so that the development
community could respond.
Arora stated that the development community had been engaged initially when the amendments
were presented. The ground work had already been laid for the changes and had already been
discussed with the development community.
The Mayor opened the public hearing.
No one spolce during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Kamp motioned, Council Member Roden seconded to adopt the ordinance. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden — "aye". Motion carried unanimously.
8. CITIZEN REPORTS
There were no citizen reports in this section of the agenda.
9. 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 talcen, 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 renunder 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
City of Denton City Council Minutes
May 7, 2013
Page 18
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
Council Member Roden reminded voters that the election was on Saturday.
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.
With no further business, the meeting was adjourned at 9:03 p.m.
MARK A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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,,. PY•o�ert�� Interests - E.XH7B�T..'.A'
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P.O. Box 54 --Le�visville, i'exas 7546`7
Of�ice: (972) 221-�439 �- Fa�: (972) 221-A675
30' �A.NITARY SE�yER E�SEMENT
0.376 ACRES
CITY OF DENTON, llEN'TON COUNTY, `1`EXAS
I3EING a�l that certain lot, trac� or pareel of land situated in the Di�ffalo Bayou, }3razos and
Colorado Railroad Company Surv�y,� Abstract Nuruber !$5, City of Denton, Denton County,
Te.cas, and being a p�►rt o£ that ccrtain tract of land described in deed to Khosrow Sadaghian,
. recnrdcd wnder Instrument Nurnber 2Q02-99899 of the Real Progerty Records of I}enfon County,
Texas; anci being �nore particulariy cfescribed as foilows:
BEGINNING at a poir�t in the east lina of said Sadeglsian tract and the 4vest line of t�at certain
tract of land deseribed in deed to Laridy I,. M�ilicey Irrevocable Famity Tn�st, dateci Nfay 22,
1989, Patricis Klarnmer, Trustee, recarded t�nder Insirument Number 2pOS-41779 of the Reai
Properiy Reeords af Danton Cnunty, Texas, and fro�t a�rhic�� :tt '/�, incl� .ir��� rod fa►�nd at the
southeast corner of said Sadeghian i�act sud the northeast corner of that certain trftet of land
descrihed in deed to Gustavo Torrez And wife, Luz V, Torrez, recorded under County Clerk's File
Number 97-Ra0$2959 of the Real Property Renards of Denton County, Texas, i�ears Sot�th 4Q
degrees 21 minutes 28 secouds West, a dis#ance of 62.4g �'eat;
THENC� over, across and tiirough saici Sadeghian tract #he following hva (2) calls:
Sotith 67 degreas 44 mi�utes �5 seconds West, a distance of 313.57 fe�t to a poi�t foe
corner;
North 79 degrees 33 minutes 27 seconds West, a distai�ce of 231.92 feet ta a point in the
easi line ofFx�e Street, a pubiic roac�way;
'�'HENCE North 00 degrees �9 roi,nu#es 16 seconds West, wiih the east line af said Fram.e 5treet,
a distance of 34.52 feei to a point for corner;
'I`H�NCE over, across and through sRid Sadeghian trac# ttae following hvo (2} calls:
South 79 degrees 33 miuutes 27 seconds �ast, a dis#ance of 228.74 feet ta a point for
corner;
North 67 degrees 44 ininutes 45 seconds East, a distanca of 3 t7.37 feet to a point in the
west line of snid Mulkey �amily Trust tract;
1 0�' 5
'THENCE South QO degrees 2i riainutes 28 seconds Wesi, �vith Ehe �vesl lina of sAid Mu�key
Faniily Trust tract, a disiance of 32.50 feet to the ° POINT �F� BEGINN7NG, and contAining.
U:375 acres of ]artd, more or iess.
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Property Interests -�Y.HIBIT "B" 3 af S
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�'xofess.io�al �arzd Szixveyaxs
P.O. Bax 54 � Le�visville, TeYas 75067
O�ce: (972} 221-9�39 --- Fax: (972) 22 i-467S
30' TE�rIP012ARY CONSTRUCTION EASEMENT
fl,36Q ACRES
CTTY 0� D�NT�i�i, DENTQN CUUNTY, TEXA$
B�ING aIi that certnit� lot, tract ar parcat of la��d situated in the Biiffaio Bayou, �razos �nd
Coior�cfo Railroad Com��ny Survey, Abstract Nuraber 185, City af Denfon, Den#on Couniy;
Te:�as, and being a part of Ehat'certAin trACt of l�nd described in deed to Khasrow Sadeghian,.
recorded u�tder �nstruittent Nurr�ber 2002-99899 of die Real Property Records of Den#on CounEy,
TeYas, and being more particularly described �s follows:
BEGII�TN�iYG at a point in the east line of said Sadeghian tiact and tiie west line of that certain
tract of tand c�escribed in deed to Landy L. Mulkcy Irrevocabie Family Trust, dated May 22,
1984, Patricia Klammer, Trustee, recorded under Instr�uz�ent.Nu�ber 2005�1�79 of the Real
Pro�serty Records of Denton Cauniy, Texas, and from w�iich. a%z inch �ror� rod Found at the
southeast corner of said 5ad�ghian tract and the northeast comer of that certain tract of 1ant1
desceibed in deed to Gus#a�o Torrez and wife, �,uz V, Tarrez, recarded �inder County Clerk's File
Number 97-R0082959 of the Rea] Property Records a1F Denion Caunty, Texas, 6ears South 00
degrees 21 minutes 2S seconds West, a distance oF9�t98 feefi
THENCE over, acrass and t�rot�gh said Sadegtaian tract the following hvo {2) calls:
5outh 67 degrees 44 minutes 45 seconds Wcsk, a dis#ance nf 3I7.37 feet to a point for
comer;
North 79 degrees 33 ininutes 27 secands West, a distance of228.74 fee# to a point in the
east linc of Frame S�reet, a pubtic roadway;
TH�IVC� Nortii 00 degrees �9 miniites lb seconds West, with the east line of said Frame Strect,
a distance of i4,59 feef to a point for #he sotifhwest corner of t�at eertain tract of tand desexibcd. in
deed to Millard F. TJtorp, i'ecorded in Votume. 2710, Page 553 of fhe Deed Records of Denton
. Caunty, Texas;
THFVCF SouEh 89 degrees 22 niinutes 24 scconds Eest, with the sou#h line of said '1'horp #ract, �
' distaiice of 91.$� feet to a point for coraer; �
TREN�� o�er, acrass and througii said Sadegliian tract t�ae follawing two (2} calls:
South 79 degrees 33 minutes 27 secflnds East, a distarice of 132,13 feet to a point for
cor�er;
North 67 degrees 4� �ninutes 4S Seconds �ast, fl distanee of 32i.46 feet ta a paint ir� the
west iine of said Mullcey Famity Trust tract;
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TAENC� South 00 degrees 21 mintites 28 seconds Wast, with the �vest Iine af s3id Mulkey
F'amily Tn�st tract, a dista�ce of 32,50. feet to the PO1��IT �F BEG�iYNING, aud co��tairiing
0.36d acres of lar�d, mare or less.
Property Interests p EXHIBIT "B"
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Ptafessianfzl Land Surveyors
972-22l-96433 �-- l7ax 972-2.21-A673
220.�trn StrreK Su�te 200 �- Y,O. l3o.c 34
I.ewlsville, Toxat i5GK7
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