January 9, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
January 9, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 9, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, and Thomson.
ABSENT: Council Member Montgomery
Item #4 was considered
4. Staff responded to requests for clarification of consent agenda items listed on the
Consent Agenda for January 9, 2007.
Council did not request any items of clarification.
Item #3 was considered
3. The Council received a report, held a discussion, and gave direction regarding
participation in the North Texas Commission Rest & Recuperation Program.
City Manager Campbell stated that the Council had been invited to participate in the North Texas
Commission’s Rest & Recuperation Program in which they could greet the troops arriving at
DFW Airport. He asked if the Council would want to participate. They probably would have a
March or April date and could do one day or several days.
Consensus of the Council was to proceed with scheduling a day for them to participate.
Item #2 was considered
2. The Council received a report and held a discussion regarding the planned improvements
to Golden Triangle Mall.
Linda Ratliff, Director of Economic Development, introduced Larry Feldman of Feldman Mall
Properties who would be making a presentation to Council.
Larry Feldman stated that Feldman Mall Properties acquired large, underperforming malls and
renovated and re-tenant the malls to elevate them to “Class A” status. Goals included
encouraging shoppers to come back to the mall by bringing in a new shopping experience,
creating a “town center” atmosphere with the renovations, including a major attraction such as an
Imax theater, which would attract restaurants and shoppers after a movie and dinner. He
reviewed the proposed changes and updates to the Golden Triangle Mall.
Council discussion-
What was Feldman’s philosophy for the exterior appearance of the mall? Feldman stated
that they would soften the outside of the mall and create streetscapes.
What was Feldman’s philosophy for young shoppers? He stated that they encouraged that
age to shop by making a friendlier and safer environment for them.
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January 9, 2007
Page 2
What was the phasing for the renovations? Feldman replied approximately 3 years.
What was the downside of this project? Feldman expressed concern that other mall
operators might “steal” the current anchors at the mall or oversize a similar store.
1. The Council received a report, held a discussion and gave staff direction regarding street
maintenance issues.
Jim Coulter, Director of Water/Wastewater, reviewed the current statistics for Denton’s streets.
The maintenance/reconstruction costs per land mile were detailed. He reviewed historical
information concerning street operations and maintenance expenditures and annual street
replacement costs. Recommendations included developing a pavement stakeholder group to
refine recommendations, develop criteria to extend the life cycle of streets, require developers to
pay for quality control testing up front with the City hiring the testing company, increase
inspection fees for monitoring and quality control for utility installation under roadways,
consider the purchase of a coring machine, continue to evaluate potential funding options for
street maintenance.
Consensus of the Council was that is was a good idea to get the stakeholders involved. A focus
group could be comprised of experts in field, members of the development community and local
builders. Staff should proceed with the plan as presented.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, January 9, 2007
at 6:30 p.m. in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor McNeill presented a proclamation for Denton Sesquicentennial Month.
3. CONSENT AGENDA
Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy
“aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
A. 2007-001 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Our Daily Bread to assist in providing food
supplies; providing for the expenditure of funds therefore; and providing for an
effective date. ($250)
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January 9, 2007
Page 3
B. 2007-002 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Festival Foundation for supplemental
funding for the Arts and Jazz committee for the 2007 Arts and Jazz Festival;
providing for the expenditure of funds therefore; and providing for an effective
date. ($2,000)
C. 2007-003 An ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of one 14 yard dump truck for the City of
Denton Parks Department by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3684–Interlocal Agreement for the
purchase of a Dump Truck for the Parks Department awarded to Rush Truck
Centers of TX in the amount of $116,149).
D. 2007-004 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement for architect or engineer by
and between the City of Denton, Texas and the firm of Freese and Nichols, Inc. to
provide engineering services associated with water distribution system master
planning in a lump-sum amount of $200,000; authorizing the expenditure of funds
therefore; and providing an effective date. The Public Utilities Board
recommended approval (7-0).
E. 2007-005 - An ordinance of the City of Denton, Texas, authorizing the Mayor to
execute an Interlocal Cooperation Agreement between the City of Denton, Texas
and the Upper Trinity Regional Water District regarding the use of the right-of-
way for water pipeline improvements; and providing an effective date. (Shady
Shores Road-Swisher Road Area) The Public Utilities Board recommended
approval (7-0).
F. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1.McKeown, Michael & DCAD Supplemental Change 2001-05 $3,872.68
Shannon
2. Ezell Air, Inc DCAD Supplemental Change 2004 $1,495.99
3.Maverick Acoustics, Inc DCAD Supplemental Change 2005$ 628.34
4. PUBLIC HEARINGS
A. The Council held the first of two public hearings to consider the voluntary
annexation and service plan for approximately 23.84 acres. The property to be annexed was
generally located in the southern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ)
northwest corner of I 35W and Robson Ranch Road. (A06-0003, Robson Ranch Retail)
Brian Lockley, Interim Director of Planning and Development, stated that this was the first of
two public hearings for this voluntary annexation. A retail development was proposed for the
site.
The Mayor opened the public hearing.
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January 9, 2007
Page 4
Joshua Griffin submitted a comment card in support of the project.
The Mayor closed the public hearing.
No action was required on this item at this meeting.
B. The Council held the first of two public hearings to consider the voluntary
annexation and service plan for approximately 18.27 acres. The property to be annexed was
generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction
(ETJ) north of US 380 west of Masch Brand Road and legally described as Lot 1 of the Marriott
Garden Addition.(A06-0006, Marriot Garden Addition, Lot 1)
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
part of a current annexation underway. The area was located in the northwestern portion of the
City’s ETJ and was currently used as a service/maintenance facility for Denton County.
The Mayor opened the public hearing.
No one spoke during the public hearing
The Mayor closed the public hearing.
No action was required on this item at this meeting.
C. The Council held a public hearing and considered adoption of an ordinance
regarding a rezoning of approximately 0.84-acres of land from Planned Development District
No. 176 to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was
located on the southeast corner of Hickory Creek Road and Teasley Lane. (Z06-0023) The
Planning and Zoning Commission recommended approval (7–0).
Mayor McNeill stated that Items C through G would be considered together as one public
hearing.
Brian Lockley, Interim Director of Planning and Development, stated that this was the proposed
retail development of Hickory Creek Plaza located on the southeast corner of Hickory Creek
Road and Teasley Lane. The developer had submitted five requests for this property to facilitate
the development. Item C was to rezone the site to a NRMU zoning district. The first specific
use permit was to facilitate the anchor grocery store to exceed 25,000 square feet and to allow for
a drive-through facility associated with a pharmacy. The second specific use permit was for a
drive-through facility associated with a bank. The third specific use permit was for a fueling
station associated with the grocery store and the fourth specific use permit was for another drive-
through facility associated with a second bank on the site.
Deputy Mayor Pro Tem Mulroy questioned if the site plans for the specific use permits would be
a permanent factor for the site.
Lockley replied yes that they would be plugged into the plan.
The Mayor opened the public hearing for Item C-G.
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January 9, 2007
Page 5
No one spoke during the public hearings.
The Mayor closed the public hearings.
The following ordinance was considered:
NO. 2007-006
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A PLANNED DEVELOPMENT DISTRICT (PD-176) TO
A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.84
ACRES, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY
CREEK ROAD AND TEASLEY LANE, AND LEGALLY DESCRIBED AS TRACT
OF LAND SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT
NUMBER 800, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SAID
TRACT BEING ALL OF THE WHEELER RIDGE PHASE FOUR, LOT 1X, BLOCK
BB; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z06-0023)
Mulroy motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a grocery store to exceed a maximum of 25,000 square
feet of gross floor area and to allow a drive-through facility associated with a pharmacy. The
proposed retail center development was located on the southeast corner of Hickory Creek Road
and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU) zoning
district.(S06-0006) The Planning and Zoning Commission recommended approval (7–0).
The public hearing was considered with Item #C.
The following ordinance was considered:
NO. 2007-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A GROCERY STORE TO EXCEED A MAXIMUM OF
25,000 SQUARE FEET OF GROSS FLOOR AREA AND TO ALLOW A DRIVE-
THROUGH FACILITY ASSOCIATED WITH A PHARMACY ON
APPROXIMATELY 11.84 ACRES OF LAND, GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE AND
LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE BARRY
MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE WHEELER
RIDGE PHASE FOUR, LOT 1X, BLOCK BB; PROVIDING FOR A PENALTY IN
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January 9, 2007
Page 6
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0006)
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a drive-through facility associated with a bank. The
proposed retail center development was located on the southeast corner of Hickory Creek Road
and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU) zoning
district.(S06-0007) The Planning and Zoning Commission recommended approval (7–0).
The public hearing was considered with Item #C.
The following ordinance was considered:
NO. 2007-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ASSOCIATED WITH A
BANK ON APPROXIMATELY 11.84 ACRES OF LAND, GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF HICKORY CREEK ROAD AND TEASLEY
LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE
BARRY MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE
WHEELER RIDGE PHASE FOUR, LOT 1X, BLOCK BB; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(S06-0007)
McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a drive-through facility associated with a fueling
station. The proposed retail center development was located on the southeast corner of Hickory
Creek Road and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU)
zoning district. (S06-0008) The Planning and Zoning Commission recommended approval (7–
0).
The following ordinance was considered:
NO. 2007-009
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ASSOCIATED WITH A
FUELING STATION ON APPROXIMATELY 11.84 ACRES OF LAND,
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY CREEK
City of Denton City Council Minutes
January 9, 2007
Page 7
ROAD AND TEASLEY LANE AND LEGALLY DESCRIBED AS A TRACT OF
LAND SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT NUMBER
800, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SAID TRACT
BEING ALL OF THE WHEELER RIDGE PHASE FOUR, LOT 1X, BLOCK BB;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (S06-0008)
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a drive-through facility associated with a bank. The
proposed retail center development was located on the southeast corner of Hickory Creek Road
and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU) zoning
district.(S06-0009) The Planning and Zoning Commission recommended approval (7–0).
The following ordinance was considered:
NO. 2007-010
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ASSOCIATED WITH A
BANK ON APPROXIMATELY 11.84 ACRES OF LAND, GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF HICKORY CREEK ROAD AND TEASLEY
LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE
BARRY MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE
WHEELER RIDGE PHASE FOUR, LOT 1X, BLOCK BB; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(S06-0009)
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on first reading to voluntarily
annex approximately 1,199 acres into the corporate city limits of the City of Denton, Texas. The
property to be annexed was generally located in the northwestern area of the City of Denton's
extraterritorial jurisdiction generally located to the north of Loop 288, west of Locust Street
(F.M. 2164), south of Milam Road and east of Bonnie Brae Street. The Planning and Zoning
Commission recommended approval (7-0). (A06-0005 Hills of Denton)
Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary
annexation for a master planned community and was known as the Hills of Denton.
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January 9, 2007
Page 8
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 1,199 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF
THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ);
GENERALLY NORTH OF LOOP 288, WEST OF LOCUST STREET (F. M. 2164),
SOUTH OF MILAM ROAD AND EAST OF BONNIE BRAE STREET, LEGALLY
DESCRIBED AS A PART OF A 879.3981 ACRE TRACT OF LAND SITUATED IN
THE J. A. BURNS SURVEY, ABSTRACT NO. 130, THE T. POLK SURVEY,
ABSTRACT NO. 999, THE V. GAILOR SURVEY, ABSTRACT NO. 452, THE J.
STEWART SURVEY, ABSTRACT NO. 1150, THE F. MCKETTRICK SURVEY,
ABSTRACT NO. 846, AND THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025; A
145.1418 ACRE TRACT OF LAND SITUATED IN THE M. MAY SURVEY,
ABSTRACT NO. 807; A 173.6333 ACRE TRACT OF LAND SITUATED IN THE J.
COLLARD SURVEY, ABSTRACT NO. 287 AND THE A. WHITE SURVEY,
ABSTRACT NO. 1406, DENTON COUNTY, TEXAS, APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (106-0005)
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
B. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
C. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
D. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at meeting.
City of Denton City Council Minutes
January 9, 2007
Page 9
C. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor McNeill suggested a work session regarding impact fees and fees
charged when a new home was built. He also suggested looking at the various
fees charged to start a project.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences.
2. Clarification of items on the agenda.
3. Response to past citizen inquiries.
City Manager Campbell reminded Council of the DISD meeting on Wednesday and the mini
planning retreat next week.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Meeting Items.
With no further business, the meeting was adjourned at 7:16 p.m.
________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS