October 15, 2013 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 15, 2013
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 15, 2013 in the Council Work Session Room.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins
ABSENT: Council Member Engelbrecht, Council Member Roden
1. Citizen Comments on Consent Agenda Items
Cathy McMullen stated that Consent Agenda Item DD should be moved to Individual Items to
give citizens an opportunity to speak on the item.
Amber Briggle stated that Consent Agenda Item DD should be move to Individual Items so
citizens could speak on the item. The Council should consider protecting neighborhoods and not
allow the company to transport water over city land.
2. Requests for clarification of agenda items listed on the agenda for October 15, 2013.
Council Member Gregory requested that Consent Agenda Item DD be pulled for individual
consideration. He questioned if Consent Agenda Item A was the former biodiesel facility.
Scott Lebsack, Solid Waste Business Development Manager, stated that it was not the same
building.
Council Member Gregory noted that Consent Agenda Items R-W were considered by the Public
Utilities Board and asked for their recommendation.
Howard Martin, Assistant City Manager, stated that all were unanimously approved by the
Public Utilities Board.
Council Member Gregory asked if there were any other city easements on the property.
Paul Williamson, Real Estate Manager, stated that this was a redeveloped tract and the easement
abandoning was for electric service that was never put in the ground. All other current city
easements would stay.
3.Receive a report, hold a discussion, and give staff direction on the criteria to the Tree
Trusts mitigation option in Subchapter 35.13.7.A of the Denton Development Code
(DDC), and a recommendation of amendments to Subchapter 35.13.7.A.7.f specifically
related to tree mitigation standards for Tree Trusts.
Angie Kralik, Urban Forester, stated that staff had prepared an update on the Tree Trust
mitigation option currently stipulated in the Denton Development Code. The current mitigation
dealt with trees being removed that were 18 inches or larger and allowed for tree planting,
payment into the tree fund or by applying for an alternative tree preservation plan.
City of Denton City Council Minutes
October 15, 2013
Page 2
The current Tree Trust requirements included (1) the Cross Timbers Forest no less than 1 acre,
(2) be approved by the Development Review Committee chairman, (3) permanent easement
limiting future activity, (4) tree trusts towards mitigation inches only, (5) required preservation
would not count towards tree trust mitigation, and (6) floodplains, wetlands, and riparian areas
were not eligible.
Mike Sultan, Consultant, presented additional information on the topic. He stated that there
several areas of clarification needed. Those areas included (1) determining a value for tree
credits and whether to go from inches to acres, (2) proportionality research in order to be fair and
be appropriate, (3) future credits/accounting system for the tree inventory process, (4) process
development/defined steps, (5) regulatory and propriety keeping projects in compliance, (6)
allowances for minimal maintenance, and (7) charitable gifts/bequests and donations. The intent
of the tree trust was flexibility for developers, preserve the tree canopy and protect the Cross
Timbers. The project goal was to look at the tree trust to see how Denton could encourage its
use.
Early conclusions found that the valuation method for trees being preserved did not exist,
conservation easements were not the only method of land preservation, and the Cross Timbers
were a small percentage of urban tree canopy. A review of the metric and value comparison for
a proposed development was presented as an example of how the standard would apply.
Mayor Burroughs stated that there had never been a consideration for donating property to a tree
trust. The consideration was to have a value on the treed property for others to use for their tree
mitigation. The concept was if the property owner was willing to preserve the trees or the City
acquired the property and held it as tree trust property, a future developer who wanted to develop
property but could not mitigate, could buy credits from the tree trust. A “donation” was not the
correct word to use for this program.
Sultan stated that there were opportunities where donations could work into the program but the
word “preservation” should be used in this case.
Council Member King asked about a valuation which applied for property and what would be
removed.
Sultan stated looking at the canopy was the best measure of a value.
Mayor Pro Tem Kamp felt that the canopy had already been addressed.
Kralik stated that canopy was in the Landscape Code for planting of new trees.
Environmentally sensitive areas - Denton had an estimated 17% tree canopy cover with 40% of
the tree canopy cover within an environmentally sensitive area. Other areas to consider were
undeveloped floodplain, riparian buffers, water related habitat, and upland habitat which would
include the Cross Timbers.
Council Member Gregory stated that currently only Black Jack Oak and Post Oak were included
in the Cross Timbers.
City of Denton City Council Minutes
October 15, 2013
Page 3
Sultan stated that correct and the City might consider removing that limitation. He continued
that there were two processes for donating land. The first involved a conservation easement with
the Texas Land Conservancy. This process was a four month process, involved a site visit,
Board approval, draft easement, appraisal, baseline documentation report, endowment, execute
an easement, IRS form for charitable deduction for a gift and annual monitoring.
Mayor Burroughs stated that a gift of land extremely was unlikely.
Sultan continued that the second process for donation was land donation alternatives. Those
might include a fee-simple, land with a life estate, a bequest, a bargain sale, and conservation
based development.
Council Member King questioned that even if an individual owned the land for 50 years the
deduction of the value of the land would still apply.
Sultan stated that it would probably be a function of the land. He continued with tree banks.
These were potential for trees, or tree canopy, on preserved land to serve as a tree bank through
conservation easements or City purchased land. It would depend on where the money came from
for an option.
Mayor Burroughs stated that the concept was that the City would allocate funding for a set
amount for acquisition of tree stands. The City would have a tree bank and as developers needed
mitigation, they could purchase the required mitigation and buy the tree credits. They paid the
money to go into a fund to purchase other tree stands. The concept was that it would build on
itself.
Council discussed the valuation of the trees, conservation easements, and the purchase of tree
credits.
The recommendation was to recognize tree canopy as a true measure of value, consider tree
species other than Cross Timbers, and offer credit for developed floodplain/ESA.
Mayor Burroughs stated that if a developer had a site and needed mitigation, part of the concept
was that if he found property somewhere else or acquired credits, as long as it qualified to the
standards, he could donate the trees to meet the mitigation issue.
Council Member Gregory stated that he was comfortable with the first two recommendations but
was not sure about the third.
Mayor Burroughs felt that canopy was the true measure but it was difficult to determine what
percentage should be preserved. He stated that the need was to start somewhere with a pilot plan
and acquire a tract, preserve it, and then offer as mitigation to a developer who needed the credit.
That money could then be used to acquire additional tree stands.
Mayor Burroughs suggested a citizen committee to go out and find pieces of property to preserve
so the City could buy them. After a developer bought tree credits, the City could purchase more
property.
City of Denton City Council Minutes
October 15, 2013
Page 4
4.Receive a report, hold a discussion and initiate the selection process to appoint members
for the Tree Fund Advisory Committee.
Angie Kralik, Urban Forester, presented the overview of the issue. She stated that currently
payments were made to the tree fund to mitigate for protected tree removal. The fund currently
had $1.167 million and had been acquiring development funds since 2004. The funds had been
used once for the canopy coverage data done by UNT. The Development Code stated that
currently the funds could not be used towards the purchasing of land for tree trusts. It indicated
that the tree funds would be used for the purchase, planting and maintaining of trees on public
property; could preserve wooded property; could be used to perform/maintain a city-wide tree
inventory; and to educate citizens and developers on the benefits and value of trees. The funds
could not be used to purchase land with the purpose of selling credits for a tree trusts.
Staff recommendations for the committee included (1) establish a 7 member committee with a
recommendation that none of the citizens selected already serve on more than 2 city boards,
commissions and/or advisory groups, and (2) members have a natural resource background,
planning/land-use background, or development background. The committee would develop a
process for tree fund expenditures, develop a matrix for selecting appropriate tree fund projects,
and make recommendations to staff of potential properties to purchase with tree fund money.
Council Member Gregory questioned if the committee would be used as an on-going mechanism
to locate land, etc.
Mayor Burroughs felt that there might be a point at which all the property on the map that was
green would be looked at and then there would be no purpose for the committee. He suggested
setting the committee up as a standing committee and when no longer necessary, it could be
disbanded.
Kralik stated that the Park Board also made recommendations for the planting of trees on City
property.
Mayor Burroughs stated that the backgrounds for the members were suggestions and not
requirements.
Mayor Pro Tem Kamp asked if the meetings would be held on an as needed basis.
Kralik stated that was correct.
Following the completion of the Work Session, the Council convened in a Close Meeting to
consider the following:
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys -
Under Texas Government Code Section 551.071.
City of Denton City Council Minutes
October 15, 2013
Page 5
1. Receive a report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters related to
issuing a new Request for Proposals for Local Solar Energy Installations -
2013 by the City soliciting proposals for a solar-generated energy facility
or facilities for the City of Denton, Texas; discuss, deliberate and provide
staff with direction regarding such matters. Consultation with the City's
attorneys regarding legal advice regarding such matters where a public
discussion of this legal matter would conflict with the duty of the City's
Attorneys to the Public Utilities Board under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas.
B.Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests
located in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton
County, Texas (located generally in the 2400 block of South Bonnie Brae
Street) in the City of Denton, Denton County, Texas; and consultation
with the City's attorneys regarding legal issues associated with the
acquisition or condemnation of the tracts referenced 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 Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any administrative
proceedings or potential litigation.
C. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulation of gas
well drilling and production within the City Limits and the extraterritorial
jurisdiction, including Constitutional limitations, statutory limitations
upon municipal regulatory authority, statutory preemption and/or impacts
of federal and state law and regulations as it concerns municipal
regulatory authority and matters relating to enforcement of the ordinance.
2. Consult with City's attorneys regarding legal issues and legal challenges
arising out of municipal ordinances regulating the operation and location
of credit access businesses, including Denton ordinance 2013-073 and
possible amendments thereto, as well as the status and strategic
considerations associated with litigation pending in the 16th District Court
of Denton County, Texas styled ACE Cash Express v. City of Denton,
cause no. 2013-10564-16.
Regular meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney, Denton.
City of Denton City Council Minutes
October 15, 2013
Page 6
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. National Procurement Institute Achievement in Excellence in
Procurement Award for 2013
Chuck Springer presented the award to the Council.
2. ReUse Day Proclamation
3. Presentation regarding ReUse initiatives
Mayor Burroughs presented the proclamation for ReUse Day. A demonstration ReUse
initiatives including Trash N Fashion Show - clothes made from reusable materials - was shown
to Council and the audience.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Kenneth Stout regarding street impact fees for street maintenance.
Ken Stout felt that the street impact fees for street maintenance should not be done. He was
against instituting such a fee. He questioned how the fee would be collected.
4. CONSENT AGENDA
Mayor Burroughs noted that Item DD would be removed from the Consent Agenda and
considered under Individual Items. He also noted that Item EE would not be considered.
Council Member King motioned, Council Member Hawkins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items DD and EE.
On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins – “aye”. Motion carried unanimously.
Ordinance No. 2013-274
A. Consider adoption of an ordinance approving a First Amendment to a Lease
Agreement between the City of Denton, Texas and Master Recycling of Texas,
Inc. to be executed by the City Manager relating to a certain 3.5 acre tract of land
situated in the Gideon Walker Survey, Abstract Number 1330, and a certain 1.924
acre tract of land situated in the G. Walker Survey, Abstract Number 1330, in the
City of Denton, Denton County, Texas; and providing an effective date.
City of Denton City Council Minutes
October 15, 2013
Page 7
Ordinance No. 2013-275
B. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Air Fair, Inc. for the
payment and use of hotel tax revenue; and providing an effective date. ($10,240)
The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-276
C. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Chamber of Commerce
(Convention and Visitors Bureau) for the payment and use of hotel tax revenue;
and providing an effective date. ($783,100) The Hotel Occupancy Tax
Committee recommends approval (3-0).
Ordinance No. 2013-277
D. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Black Chamber of
Commerce for the payment and use of hotel tax revenue; and providing an
effective date. ($16,580) The Hotel Occupancy Tax Committee recommends
approval (3-0).
Ordinance No. 2013-278
E. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Community Theatre, Inc.
for the payment and use of hotel tax revenue; and providing an effective date.
($23,010) The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-279
F. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Denton Dog Days, Inc. for the
payment and use of hotel tax revenue; and providing an effective date. ($14,590)
The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-280
G. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Festival Foundation for
the payment and use of hotel tax revenue; and providing an effective date.
($82,820) The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-281
H. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Greater Denton Arts Council for
the payment and use of hotel tax revenue; and providing an effective date.
($117,780) The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-282
I. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Holiday Festival
Association, Inc. for the payment and use of hotel tax revenue; and providing an
City of Denton City Council Minutes
October 15, 2013
Page 8
effective date. ($7,640) The Hotel Occupancy Tax Committee recommends
approval (3-0).
Ordinance No. 2013-283
J. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Central Business District
Association, Inc., d/b/a Denton Main Street Association for the payment and use
of hotel tax revenue; and providing an effective date. ($23,010) The Hotel
Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-284
K. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Music Theatre of Denton for the
payment and use of hotel tax revenue; and providing an effective date. ($5,000)
The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-285
L. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the North Texas State Fair
Association for the payment and use of hotel tax revenue; and providing an
effective date. ($73,620) The Hotel Occupancy Tax Committee recommends
approval (3-0).
Ordinance No. 2013-286
M. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Susan G. Komen for the Cure
Advocacy Alliance (North Teas Affiliate) for the payment and use of hotel tax
revenue; and providing an effective date. ($10,000) The Hotel Occupancy Tax
Committee recommends approval (3-0).
Ordinance No. 2013-287
N. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Tejas Storytelling Association,
Inc. for the payment and use of hotel tax revenue; and providing an effective date.
($50,610) The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-288
O. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Texas Filmmakers' Corporation for
the payment and use of hotel tax revenue; and providing an effective date.
($7,500) The Hotel Occupancy Tax Committee recommends approval (3-0).
Ordinance No. 2013-289
P. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Denton County, Texas (Denton County
Office of History and Culture) for the payment and use of hotel tax revenue; and
providing an effective date. ($108,570) The Hotel Occupancy Tax Committee
recommends approval (3-0).
City of Denton City Council Minutes
October 15, 2013
Page 9
Ordinance No. 2013-290
Q. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with Freese and Nichols, Inc. and the City
of Denton for engineering and support services related to the Five (5) Year Capital
Improvement Plan for transmission and substation projects for Denton Municipal
Electric; and providing an effective date (File 5372-in an amount not-to-exceed
$12,150,000). The Public Utilities Board recommends approval (7-0).
Ordinance No, 2013-291
R. Consider adoption of an ordinance abandoning and vacating an Electric Utility
Easement (The "Easement"), granted by Denton County National Bank to the City
of Denton, Texas, pursuant to that certain Easement dated April 22, 1976, and
recorded in Volume 783, Page 343, Real Property Records, Denton County, Texas
said Easement encumbering lands located in the Wm. Neil Survey, Abstract No.
970, Denton County, Texas and generally located at 325 West Hickory Street, and
declaring an effective date. The Public Utilities Board will consider this item on
October 14, 2013.
Ordinance No. 2013-292
S. Consider adoption of an ordinance abandoning and vacating a Temporary
Drainage Easement (The "Easement"), granted by Allegiance Hillview, LP. to the
City of Denton, Texas, pursuant to that certain Easement, dated August 20, 2007,
and recorded as Instrument No. 2007-104852, Real Property Records, Denton
County, Texas, said Easement encumbering lands located in the Buffalo Bayou,
Brazos and Colorado Railroad Company Survey, Abstract No. 192, Denton
County, Texas and generally located at the 2600 block of Scripture Street and
declaring an effective date. The Public Utilities Board will consider this item on
October 14, 2013.
Ordinance No. 2013-293
T. Consider adoption of an ordinance abandoning and vacating an Electric Utility
Easement (The "Easement"), granted by Singing Oaks Apts. #1 to the City of
Denton, Texas, pursuant to that certain easement, dated June 4, 1971, and recorded
in Volume 624, Page 12, Real Properties Records, Denton County, Texas, said
Easement encumbering lands located in the M. Yoachum Survey, Abstract No,
1442, Denton County, Texas, and generally located at 307 North Loop 288, and
declaring an effective date. The Public Utilities Board will consider this item on
October 14, 2013.
Ordinance No. 2013-294
U. Consider adoption of an ordinance abandoning and vacating a Sanitary Sewer
Easement (the "Easement"), granted by Henry S. Miller Company, Trustee to the
City of Denton, Texas, pursuant to that certain easement, dated December 18,
1973, and recorded in the Volume 695, Page 350, Real Property Records, Denton
County, Texas, said Easement encumbering lands located in the Gideon Walker
Survey, Abstract No. 1330 and the Moreau Forrest Survey, Abstract No. 417,
Denton County, Texas and generally located at the 5600 block of East McKinney
Street, repealing City of Denton Ordinance No. 99-226 related to the purported
City of Denton City Council Minutes
October 15, 2013
Page 10
partial release of the easement, and declaring an effective date. The Public
Utilities Board will consider this item on October 14, 2013.
Ordinance No. 2013-295
V. Consider adoption of an ordinance abandoning and vacating (1) that certain Public
Utility Easement, granted to the City of Denton, Texas by Rex C. Cauble, pursuant
to that certain Easement dated December 5, 1972, and recorded in Volume 735,
Page 515, Real Property Records, Denton County, Texas, insofar and only insofar
as such easement covers and encumbers .443 acre tract of land, as described on
Exhibit "B", attached hereto and made a part hereof (The "Exhibit B Abandonment
Area"), and (2) that certain Public Utility Easement, granted to the City of Denton,
Texas by Rex C. Cauble, pursuant to that certain easement, dated December 5,
1972, and recorded in Volume 735, Page 517, Real Property Records, Denton
County, Texas, insofar and only insofar as such easement covers and encumbers
0.334 acre of land, as described in Exhibit "A", attached hereto and made a part
hereof (the "Exhibit A Abandonment Area") (The easements described above are
collectively referred to herein as the "Easements) (The Exhibit A Abandonment
Area and the Exhibit B Abandonment Area are collectively referred to herein as
the "Abandonment Area"), said easements encumbering certain lands located in
the A. White Survey, Abstract No. 1406 and N. Wade Survey, Abstract No. 1407,
Denton County, Texas, as more particularly described in the Easements, and
generally located approximately 1600' northwest of the intersection of North Elm
Street and Loop 288, and declaring an effective date. The Public Utilities Board
will consider this item on October 14, 2013.
Ordinance No. 2013-296
W. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving guidelines for operation of the City of Denton Home
Improvement Program and eligibility criteria; authorizing expenditures in excess
of $50,000 for projects meeting program guidelines and criteria; and providing for
an effective date.
Approved the noise exception listed below.
X. Consider a request for an exception to the Noise Ordinance for the purpose of
performing music and announcements during the 25th Annual Holiday Lighting
Festival to be held at the Denton Downtown Square. The Festival will begin at 5
p.m. and end at 9:30 p.m. on Friday, December 6, 2013. The request is for a
variance in decibels, from 70 to 75 decibels for amplified sound. Staff
recommends approving the request.
Ordinance No. 2013-297
Y. Consider adoption of an ordinance approving an agreement between the City of
Denton, Texas, and the Denton Chamber of Commerce regarding an Economic
Development Partnership; and providing an effective date ($227,467).
Ordinance No. 2013-298
Z. 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 to the ordinance and made a part thereof as Exhibit "A", by
City of Denton City Council Minutes
October 15, 2013
Page 11
and between the City of Denton (the "City"), and Harlan Properties, Inc. (the
"Seller") contemplating the sale by Seller and purchase by City of (I) fee simple
to a 4.69 acre tract; (II) a utility and slope easement encumbering 0.56 acre; and
(III) a utility and drainage easement encumbering 0.02 acre, said tracts located
generally in the 2400 block of South Bonnie Brae Street, in the A. Tompkins
Survey, Abstract Number 1246, in the City of Denton, Denton County, Texas (the
"Property Interests") for the purchase price of Two Hundred Thousand Dollars
and No Cents ($200,000.00); authorizing the City Manager, or his designee, to
execute and deliver any and all other documents necessary to accomplish closing
of the transaction contemplated by the Purchase Agreement; authorizing the
expenditure of funds therefor; and providing and effective date. (Bonnie Brae
Street Widening and Improvements - Parcel 25)
Approved the noise exception listed below.
AA. Consider a request for an exception to the Noise Ordinance for the purpose of the
Industrial Street International Pop Festival (AKA Geezer Palooza), a music
festival to benefit Serve Denton. The event will be held at 103 - 115 Industrial
Street, on Sunday, October 20, 2013, from noon to 9 p.m. The exception is
specifically requested to increase sound levels from 70 to 75 decibels and for
amplified sound on Sunday. Staff recommends approval of request.
Approved the noise exception listed below.
BB. Consider a request for an exception to the Noise Ordinance for the purpose of
amplified music for the 2nd Annual WakePoolooza to be held on Avenue A,
between Mulberry and Hickory, on Saturday, October 19, 2013, beginning at 3
p.m. and concluding at 10 p.m. This request is for increased amplified sound
from the allowable 70 decibels to 75. Staff recommends approval of the request
for amplified sound up to 75 decibels.
Approved the noise exception listed below.
CC. Consider a request for an exception to the Noise Ordinance for the purpose of
having music played during the Denton Plaza Party located at 508 S. Elm Street on
two Saturdays, November 9 and November 16, 2013, from noon to 10 p.m. This
request is for an extension in decibels from 70 to 75. Staff recommends approving
75 decibels to 10 p.m.
This item was not considered.
EE.Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Cooperative Purchasing Program Agreement with the University of
North Texas Murphy Center for Entrepreneurship under Section 791.001 of the
State of Texas Government Code, to authorize City of Denton contracts for the
purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 5382-Interlocal Agreement with the
University of North Texas Murphy Center for Entrepreneurship in the amount of
$26,400).
City of Denton City Council Minutes
October 15, 2013
Page 12
Resolution No. R2013-033
FF.Consider approval of a resolution for a change in Atmos Energy Corporation, Mid-
Tex Division's ("Atmos") rates as a result of settlement between Atmos and the
Atmos Texas Municipalities ("ATM") under the rate review mechanism; and
providing an effective date.
Ordinance No. 2013-299
GG.Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Southwest Elevated Storage Tank
for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (Bid 5350-awarded to Landmark Structures I, L.P. in
an amount not to exceed $5,074,000).
Approved the minutes listed below.
HH.Consider approval of the minutes of:
September 10, 2013
September 17, 2013
Item DD was considered.
DD. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a temporary access permit (the "Permit"), by and between the City of
Denton, Texas and EagleRidge Operating, LLC, a Texas limited liability
company ("EagleRidge"), granting a license to EagleRidge to temporarily access
certain City owned lands located in the James Edmonson Survey, Abstract
Number 401 and the James L. Harris Survey, Abstract Number 555, located
generally 1,800 feet southwest of the intersection of South Bonnie Brae and
Vintage Boulevard, City of Denton, Denton County, Texas, in connection with
the overland transport of water for gas well operations; and providing an effective
date.
The following individuals submitted Speaker Cards:
Cathy McMullen, 805 Ector, Denton, 76201 - against the proposal
Adam Briggle, 1315 Dartmouth, Denton, 76201 - against the proposal
Ed Soph, 1620 Victoria, Denton, 76209 - against the proposal
Cheryl Amstut, 3228 Hornbeam, Argyle, - comment card only not a speaker - against
Mayor Pro Tem Kamp questioned if the water was going to be used for new well sites or current
well sites.
Paul Williamson, Real Estate Manager, stated that he was not sure what the water was going to
be used for.
Mayor Burroughs stated that there was nothing to indicate whether the water would be
transported to any particular well site.
Williamson stated that there was no information regarding a specific well site.
City of Denton City Council Minutes
October 15, 2013
Page 13
Mayor Pro Tem Kamp motioned, Council Member Hawkins seconded to postpone Item DD in
order to receive additional information whether the water would be used at new well sites. On
roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins – “aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2013-300
A. Consider adoption of an ordinance authorizing the City Manager, or his
designee, as Denton's authorized representative, to accept on behalf of the City
of Denton an offer from the Texas Department of Transportation (TxDOT)
relating to a grant supplement for preparation of a Master Plan for Airport
Development at the Denton Enterprise Airport; confirming agreement to pay
additional project cost in the amount of $114,241; and, providing an effective
date. The Airport Advisory Board recommends approval (4-0).
Quentin Hix, Director of Aviation, presented the background information on the item. The
ordinance would approve a supplement to a previously approved grant to Denton for a master
plan for the Airport Development. Ten percent of the cost would be paid by the City and 90%
would be paid by the grant. Additional work included scope of work for three items:
environmental assessment for the west side of the Airport for a parallel runway;
water/wastewater master plan at the Airport, and surface transportation master plan. The three
additional planning efforts increased the City’s portion to $114,242.
Mayor Burroughs asked if the City’s portion would be paid from the Airport gas well fund or a
combination of proceeds from operations or just operations.
Hix stated that the funding would be from gas well royalty funds.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins – “aye”. Motion carried unanimously.
Ordinance No. 2013-301
B. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager, or his designee, to execute on behalf of the City of Denton an
acceptance of an offer from the Texas Department of Transportation relating to a
grant for the Routine Airport Maintenance Program; authorizing the City
Manager to expend funds provided for in the grant program; and, declaring an
effective date (TxDOT Project No.: AM 2014DNTO and CSJ No.:
M1418DNTO). The Airport Advisory Board recommends approval (4-0).
Patrick Carreno, Airport Operations Manager, presented the information on the item. This was a
yearly grant for help with small maintenance projects throughout the year. The grant was capped
at $50,000 with a $50,000 City match. Funding would be used for concrete repairs, fencing,
painting, asphalt, and maintenance money to maintain the airport.
City of Denton City Council Minutes
October 15, 2013
Page 14
Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On
roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins – “aye”. Motion carried unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2013-302
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Permit to allow a Basic Utility; a DME
electric substation, on approximately 5.44 acres of land within a Regional Center
Commercial Downtown (RCC-D) zoning district classification and use
designation, located on the north side of Pockrus Page Road, east of I-35, and
directly west of the DCTA rail line, within the City of Denton, Denton County,
Texas; and providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability clause and an effective date. (S13-0002) The
Planning and Zoning Commission recommends approval (6-0).
Brian Lockley, Director of Planning and Development presented the details of the proposal. He
noted that this was an expansion of an existing DME substation. A specific use permit was
required due to the definition of a basic utility. He reviewed the zoning map, site plan with the
existing facility and the expanded facility. The expansion was needed in order to keep up with
the existing demand and to provide services to the southern portion of the City. Several
neighborhood meetings were held regarding the proposal. The Planning and Zoning
Commission recommended approval with two conditions. Those conditions were that a
perimeter masonry security wall would be constructed with a minimum height of ten feet and a
minimum of 29% tree canopy on the area outside of the substation. Landscaping was not
required inside the substation.
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 Hawkins seconded to adopt the ordinance.
On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins – “aye”. Motion carried unanimously.
Ordinance No. 2013-303
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapter 35.13.7.B.2 of the Denton Development
Code pertaining to landscape maintenance standards; and providing for a penalty
in the maximum amount of $2000.00 for violations thereof, severability and an
effective date. (DCA12-0004) The Planning and Zoning Commission
recommends approval (6-0).
City of Denton City Council Minutes
October 15, 2013
Page 15
Brian Lockley, Director of Planning and Development, presented the details of the amendment.
The amendment would clarify the requirement for routine landscape maintenance and would
transfer the information from the criteria manual to the Denton Development Code. It was not
increasing or changing any requirements - just moving the requirements to the Denton
Development Code. He reviewed the current code, the current site design criteria manual
language and the proposed code amendment. The Planning and Zoning Commission
recommended approval as did staff.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Hawkins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council
Member King, Council Member Hawkins – “aye”. Motion carried unanimously.
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential
2 (NR-2) zoning district and use classification to a Neighborhood Residential
Mixed Use (NRMU) zoning district and use classification; with an overlay on
approximately 10.112 acres of land. The property is located at the southwest
corner of Teasley Lane and Pennsylvania Drive, in the City of Denton, Denton
County, Texas; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing for a severability clause and an
effective date. (Z13-0003) The Planning and Zoning Commission made a
motion of approval, however the motion failed (2-3).
Mayor Burroughs noted that there were not more than five members of the Council at the
meeting so there was no super majority for this meeting. A supermajority was required because
20% of the neighboring property owners were in opposition to the proposal plus the proposal
was denied by the Planning and Zoning Commission. Actions on this item included postponing,
remanding or denying the proposal. A request by the existing applicant was to withdraw the
proposal. It was kept on the calendar to provide for every opportunity for consideration of the
item.
Mayor Pro Tem Kamp stated that Council wanted to give every opportunity for DATCU to come
before Council with the proposal. She expressed her support for DATCU and with Dale Kimball.
She hoped DATCU would remain in Denton.
Council Members King and Gregory expressed the hope that the DATCU would remain in
Denton.
Council Member Hawkins expressed appreciative of all of volunteers for DATCU and hoped the
relationship continued.
City of Denton City Council Minutes
October 15, 2013
Page 16
Mayor Burroughs felt the Credit Union had a long term legacy in Denton as a financial center for
the northern portion of the Metroplex. He felt would be a shame if it moved to another city and
hoped that it would stay in Denton.
Mayor Pro Tem Kamp motioned, Council Member King seconded to remand the proposal back
to the Planning and Zoning Commission. On roll call vote: Mayor Burroughs, Mayor Pro Tem
Kamp, Council Member Gregory, Council Member King, Council Member Hawkins – “aye”.
Motion carried unanimously.
D. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Permit to allow an initial 51,200 square
foot office building, with expansions proposed in the future, to include two (2)
additions of approximately 16,000 square feet each, for a total of 83,200 square
feet within a proposed Neighborhood Residential Mixed Use (NRMU) zoning
district classification and use designation. The approximately 10.112-acre
property is located at the southwest corner of Teasley Lane and Pennsylvania
Drive, within the City of Denton, Denton County, Texas; providing for a penalty
in the maximum amount of $2,000.00 for violations thereof; providing for a
severability clause and an effective date. (S13-0001) The Planning and Zoning
Commission recommends approval, with conditions (4-1).
Mayor Burroughs noted that this item was withdrawn from consideration.
7. CITIZEN REPORTS
There were no citizen reports at this point in the agenda.
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.
City of Denton City Council Minutes
October 15, 2013
Page 17
th
Council Member King and Mayor Pro Tem Kamp stated that October 20 would be the
Industrial Street Pop Festival.
Council Member Hawkins invited everyone to attend the Day of the Dead Festival.
Mayor Burroughs stated that 770 people signed up to participate in the Mayor’s Mile and that
even with the rain, there was a good turnout.
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 Session.
With no further business, the meeting was adjourned at 8:20 p.m.
_____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS