July 17, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
July 17, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, July 17, 2007 at 4:30 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, Montgomery, Thomson, and Watts.
ABSENT: None
1.The Council received a report, held a discussion, and gave staff direction regarding the
final drafts of the Business Plan and Master Plan for the proposed Public Safety Training
Facility.
Ross Chadwick, Fire Chief, reviewed information for the Public Safety Training Center. The
current training for the department was good but the facilities were not. He presented a matrix
that compared the costs of facilities based on historical evolution and consultant’s estimates. In
2000, the estimate was $13 million. That was not possible with current CIP funding. In 2002 a
consultant study of the proposal was initiated. In November 2004 Council approved $2 million
for the purchase of 88 acres for the proposed facility. That facility would include a fire arms
range and the fire training facility. Several options were available for consideration. One option
included Phase One for a cost of $8.1 million but did not include any classroom or any revenue
enhancers. Phase Two added classroom space and office space to Phase One. The cost of
Option Two was $12.5 million. An additional capital cost of $4.4 million was needed as $8.1
million was in the budget and $3.3 million was already available for use. Staff recommendations
included fund and construct Option #2 (Phase 1 and 2) immediately at an estimated cost of $12.6
million; partner with NCTC for operation and maintenance recovery which would be the best
opportunity to see if projections and predictions were solid before going to the next level; fund
the additional capital costs ($4.4 million) with certificates of obligation bonds in the FY 07-08
budget; add “net operations and maintenance costs to the City’s five-year financial forecast
beginning with the FY 08-09 budget ($316,189); and continue to evaluate further options as
necessary and financially feasible.
Council discussion-
Would UNT have use of the facility? Why was only NCTC using the facility? Chadwick
replied that the initial discussion had been with NCTC but would expand to other areas such
as UNT, FEMA, schools, and other agencies in the future.
Would all classes be moved to the new facility from NCTC? Dr. Lee Ann Nutt replied that
using the new classrooms would allow them to expand what they currently offered as they
did not currently have the space. An interlocal agreement would be approved by both entities
for use of the new facility.
What types of figures were used for the generation of outside funding? Chadwick replied
that staff had been conservative on the estimates. He had talked with Tarrant and Collin
Counties on how they had projected their figures.
What kind of advantage did Denton have over Tarrant County for coming to this facility?
Chadwick replied that it was closer to out-of-state facilities.
City of Denton City Council Minutes
July 17, 2007
Page 2
Council discussed possible uses for the facility.
Consensus of the Council was move forward with Option #2.
Item #3 was considered.
3.Requests for clarification and discussion of agenda items listed on the agenda for July 17,
2007, including but not limited to the following:
A.Council received a report, held a discussion, and gave staff direction regarding a
proposed Master Planned Community zoning request for the Hills of Denton
Master Planned Community.
Brian Lockley, Interim Director of Planning and Development, stated that this was the first
master planned community to be presented to Council. The Hills of Denton would be a
traditional mixed-use development consisting of approximately 183 acres of Commercial
development, approximately 93 acres of Office/Commercial development, approximately 57
acres of Town Center Commercial development and approximately 104 acres of Town Center
Residential development. The master planned community also included amenities such as
corridors, trails, project entry, ponds, an amenity center, community centers and hike and bike
trails. He reviewed the development thresholds that would apply only to the Hills of Denton
development. The developer was proposing a single-family density of 4.0 and a multi-family
density of 2.0. The Denton Plan directed a citywide single-family density of 3.0 units per gross
acre and a multi-family density of 14.0. According to the Master Plan Community ordinance,
the Development Plan map should provide the approximate locations for parks, open areas, trails,
school sites, fire stations and police stations. These services were proposed, but the locations of
these services were not currently identified. The Master Plan Community ordinance allowed the
development standards and subdivision regulations of Subchapter 16 to be amended, not
procedures established in the Code. The applicant was proposing to amend the expiration time
for preliminary plats from 24 to 60 months, and to allow an unlimited number of extensions
(expanded from 6 months to 24 months).
Council discussion –
The current regulations seemed to be better as there were time limits on proposals which
were good check points. If the legal procedures were changed, would those requirements
have to be changed other developments?
Use the ordinance option that indicated approximate location for amenities. The developer
could indicate where those locations would be per phase.
A preference would be to have the general locations for parks and schools before
consideration.
The Council adjourned into Closed Session at 6:03 p.m.
A.Consultation with Attorney – Under Texas Government Code Section 551.071.
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July 17, 2007
Page 3
1.Considered and discussed status, and discussed possible settlement of
litigation styled Robert T. Clifton v. City of Denton, Cause No. 4:06-cv-
472, currently pending in the U.S. District Court, Eastern District,
Sherman Division.
Council returned to Open Session at 6:22 p.m.
Council returned to Item #3.
3.Requests for clarification and discussion of agenda items listed on the agenda for July 17,
2007.
There were no council requests for clarification of agenda items.
2.The Council received a report from the Council Nominating Committee regarding
appointment recommendations to the Council Committees.
Council Member Thomson, Chair-Council Nominating Committee, presented a list of
recommendations for Council consideration. Those nominations included: Council Agenda
Committee - McNeill, Kamp and Mulroy; Audit and Finance -
Mulroy, Watts, and McNeill;
Council Appointee Performance Review - Thomson, Montgomery, and Mulroy; Mobility – Kamp,
Montgomery, and McNeill; Environment – Mulroy, Kamp and Thomson; Ethics – Thomson, Heggins and
Watts; Hotel Occupancy Tax – Montgomery, Watts and Kamp; Investment Policy – McNeill and
Thomson. External Committees included the Community Justice Council – Heggins; Convention and
visitors Bureau – Montgomery, Heggins and Watts; Dallas Regional Mobility Coalition – Kamp; Lake
Ray Roberts P & Z – Montgomery; Regional Transportation Council – Kamp; Texas Municipal Power
Agency – McNeill; and Development Code Review – Mulroy and McNeill.
Council discussed the proposed list and agreed with the suggestions. No changes were made.
Mayor McNeill determined that the recommended list would be the council appointments for the
year.
4.The Council received a report, held a discussion and gave staff direction regarding
nominations to the City’s Boards and Commissions. The Council may convene into Closed
Session under Texas Government Code Section 551.074 to deliberate and discuss the
appointment and duties of public officers to boards or commissions exercising discretionary or
rule making power as opposed to purely advisory powers, which includes without limitation the
Construction Advisory and Appeals Board, the Economic Development Partnership Board, the
Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety
Commission, and the Zoning Board of Adjustment.
Council convened in Closed Session at 6:30 p.m. according to Texas Government Code Section
551.074 to deliberate and discuss the appointment and duties of public officers to boards or
commissions exercising discretionary or rule making power as opposed to purely advisory
powers, which includes without limitation the Construction Advisory and Appeals Board, the
Economic Development Partnership Board, the Historic Landmark Commission, the Planning
and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment
City of Denton City Council Minutes
July 17, 2007
Page 4
Mayor McNeill declared the Council to be back in Open Session at 6:37 p.m.
4.The Council received a report, held a discussion and gave staff direction regarding
nominations to the City’s Boards and Commissions.
The Council reviewed the list of nominations that had been received by the City Secretary. The
Council Nominating Committee submitted the following names for consideration on the
Economic Development Partnership Board – Euline Brock, Jerry Mohelnitzky, Stan Morton and
Denny Aldridge. Council then discussed the pros and cons of the nominations and the positions
that were still vacant.
A discussion was held concerning board/commission members appearing before other
boards/commissions in an official capacity. After discussion, Council requested that the City
Attorney and a council member meet with board members to discuss the situation.
Regular Meeting of the City of Denton City Council on Tuesday, July 17, 2007 at 6:50 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 proclamations for:
Denton Community Theatre Day
Ryan High School Girls Softball Team
Parks and Recreation Month
3. CONSENT AGENDA
Mayor McNeill highlighted the items for consideration on the Consent Agenda.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
A.2007-138 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of
cellular phone services; providing for the expenditure of funds therefor; and
providing an effective date (File 3816–Interlocal Agreement with Tarrant County
for the purchase of cellular phone services, contract awarded to Progressive
Concepts, Inc. in the annual estimated amount of $235,000).
City of Denton City Council Minutes
July 17, 2007
Page 5
B.2007-139 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with the firm of Freese and Nichols, Inc. to provide
engineering services for the design of the North-South Water Line Phase One
Project; authorizing the expenditure of funds therefor; and providing an effective
date (File 3826 in the amount of $377,600). The Public Utilities Board
recommended approval (5-0).
C.2007-140 - An ordinance accepting competitive bids and awarding a public works
contract for the installation sidewalks on Carroll Boulevard; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3795–Carroll
Boulevard Sidewalks awarded to Floyd Smith Concrete in the amount of
$109,873).
D.2007-141 - An ordinance determining a sole source and approving the
expenditure of funds for the purchase of the Harris Computer Systems’ Public
Utility Billing upgrade to NorthStar v6.x, and associated software modules
available from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3825–Purchase of NorthStar v6.x upgrade for Harris Public
Utility Billing awarded to Harris Computer Systems in the amount of $43,740).
The Public Utilities Board recommended approval (7-0).
E.2007-142 - An ordinance accepting competitive bids and awarding a contract for
the purchase of wood grinding services for the City of Denton Compost Facility;
providing for the expenditure of funds therefore; and providing an effective date.
(Bid 3786–Wood Grinding for Compost Facility awarded to GWG Wood Group,
Inc. in the estimated amount of 100,000 yards at $1.20/cubic yard for an amount
not to exceed $120,000). The Public Utilities Board recommended approval (7-
0).
F.2007-143 - An ordinance of the City of Denton, Texas, approving and ratifying a
Letter Agreement between the City of Denton and Texas Woman’s University
regarding the TWU Triathlon event; authorizing and ratifying the expenditure of
funds in connection therewith; and providing an effective date.
G.Approved the minutes of:
June 4, 2007
June 5, 2007
June 12, 2007
June 19, 2007
H.Approved a request for an exception to the Noise Ordinance for the purpose of the
Thin Line Film Fest sponsored by Texas Filmmakers. The event will be held at
various locations throughout the City, including Quakertown Park. The film
screening in Quakertown Park will be Friday and Saturday nights, August 31 and
September 1, 2007. The exception specifically requested for extension of hours
for amplified sound from 10:00 p.m. until 11:00 p.m. and for an increase in
decibels from 65 to 70 decibels.
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July 17, 2007
Page 6
I.Approved a request for an exception to the Noise Ordinance for the purpose of the
th
9 Annual Denton Blues Festival, sponsored by the Denton Black Chamber of
Commerce. The event will be held in Quakertown Park on Saturday, September
15, 2007, from 11:00 a.m. to 11:30 p.m. The exception specifically requested to
increase hours of operation for amplified sound from 10:00 p.m. until 11:30 p.m.
The amplified sound will not go above the allowable 70 decibels for an outdoor
concert.
J.2007-144 - An ordinance of the City Council of Denton, Texas authorizing the
City Manager to execute a Water Main Pro-Rata Reimbursement Agreement
between the City of Denton, Texas and Argyle United Methodist Church for
reimbursement of the costs of building a water main, through pro-rata charges
paid to the city; authorizing the transfer of funds pursuant to the agreement; and
providing an effective date. The Public Utilities Board recommended approval
(5-0).
K.Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1. First American/816 N Bell LLC Overpayment 2006 $ 2,809.58
2. Seafire Properties/Ezell Air Inc DCAD Supplemental Change 2003 $ 2,530.97
3. Rayzor Inv Ltd DCAD Supplemental Change 2006 $ 1,494.82
4. First American/816 N Bell LLC Overpayment 2006 $ 1,319.75
L.2007-145 - An ordinance approving assignment of a certain commercial airport
operator’s lease between Jet Works Aviation, Inc. and Jet Works Air Center
Management, LLC and approving a subsequent sublease from Jet Works
Aviation, Inc. to Jet Works Air Center Management, LLC; and providing an
effective date. The Airport Advisory Board recommended approval (6-0).
M.2007-146 - An ordinance of the City Council of the City of Denton, Texas,
approving an agreement between the City of Denton and the Denton County
Housing Finance Corporation; providing for the use of funds for repairs to
homebuyer housing units; authorizing the City Manager to execute the agreement
and to expend funds with respect to the agreement; and providing for an effective
date.
N.2007-147 - An ordinance of the City Council of the City of Denton, Texas,
approving an agreement between the City of Denton and the Denton County
Housing Finance Corporation; providing for the use of funds for the rehabilitation
and reconstruction of owner-occupied housing; authorizing the City Manager to
execute the agreement and to expend funds with respect to the agreement; and
providing for an effective date.
O.R2007-018 - A resolution of the City of Denton, Texas, authorizing a review of
the reasonableness and prudence of gas purchases and expenditures of TXU Gas
Company, now known as Atmos Energy Corporation, between November 1, 2003
and October 31, 2006; authorizing the City joining with other similarly situated
City of Denton City Council Minutes
July 17, 2007
Page 7
cities in a coalition known as the Atmos Texas Municipalities (“ATM”);
authorizing the hiring of special counsel and experts in the purchase or sale of
gas; authorizing the intervention in GUD Docket No. 9732 at the Railroad
Commission and related proceedings; requiring the reimbursement of reasonable
legal and consultant expenses; finding that the meeting complied with the open
meetings act; and declaring an effective date.
P.2007-148 - An ordinance approving Task Order 07-C, Regulatory Services, of the
Professional Services Agreement between the City of Denton and R. J. Covington
Consulting (RJC) for an amount not to exceed $80,000. The Public Utilities Board
recommended approval (7-0).
Q.2007-149 - An ordinance approving Task Order 07-D, Nodal Market Transition,
of the Professional Services Agreement between the City of Denton and R. J.
Covington Consulting (RJC) for an amount not to exceed $80,000. The Public
Utility Board recommended approval (7-0).
R.R2007-019 - A resolution confirming the appointment of Roy W. Minter Jr., by
the City Manager, as Police Chief for the City of Denton Police Department; and
declaring an effective date.
S.Confirmed the re-appointment by the City Manager of Darhyl Ramsey to the Civil
Service Commission.
4. PUBLIC HEARINGS
A.The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 2,120 acres from Neighborhood Residential 2 (NR-2),
Neighborhood Residential 3 (NR-3), Neighborhood Residential (NR-4), Neighborhood
Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood
Residential Mixed Use (NRMU), Commercial Mixed Use General (CM-G), Planned
Development (PD-120) and Rural Residential (RD-5) zoning districts to the Hills of Denton
Master Plan Community (Hills of Denton MPC) zoning district. The property was generally
located north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of
Bonnie Brae Street. (Z06-0026, Hills of Denton) The Planning and Zoning Commission
recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Zoning, indicated that this was a request to
rezone from various zoning districts to a master plan community. The Hills of Denton would be
developed in a traditional manner with single family development that increased in density as the
development moved towards Loop 288. He reviewed the zoning plan for the site. A
development plan map illustrated what was going to be developed in what phases and the land
uses in each phase. The map also needed to show if parks or schools were to be developed in the
area so that staff could plan accordingly for that phase. Within the ordinance was a requirement
that 2,000 single-family homes must be permitted prior to any multi-family units being
constructed. The Planning and Zoning Commission recommended approval of the proposal with
the conditions that (1) a legal review was completed and a development plan map included with
the proposal, (2) a phasing plan was included and (3) a developer’s agreement for water and
City of Denton City Council Minutes
July 17, 2007
Page 8
sewer improvements was approved. The applicant had complied with these conditions. A
Development Plat Map Plan for the area would show what to expect for parks, schools, access
density and number of units. Applicant had met with the DISD to discuss the need for schools.
Staff required as much information as possible be provided on the map for staff to plan as per the
Development Plan. The MPC ordinance allowed the development standards and subdivision
regulations of Subchapter 16 to be amended, not procedures established in the Code. The
applicant was proposing to amend the expiration time for Preliminary Plats from 24 to 60
months, and to allow an unlimited number of extensions (expanded from 6 months to 24
months). Staff felt that the two year limit was created as a check and balance so property did not
become dormant and not developed over a number of years.
The Mayor opened the public hearing.
A Comment Card was received from Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207, in
opposition.
The following individuals spoke during the public hearing:
Rod Zielke, Applicant for Hills of Denton, spoke in favor. He indicated that there were
no public parks shown on the map as all of the parks would be private parks. They had met with
the DISD and had incorporated the DISD’s guidelines for future schools in the ordinance. An
exact location for future school could not be located at this time due to the density of the project.
The extension of the plat deadlines was not a major point and they would be willing to keep the
current deadlines.
Larry Reichhart, Spring Brook Planning Group, reviewed the details of the project. He
also indicated that the extension of the plan expiration deadlines was not a major point and it
could be eliminated.
Council discussed where future schools would be located in the development and whether or not
the ordinance was specific if those locations had to be noted on the development map. It was
noted that the Parks Trails Master Plan might need to be amended to provide for private parks.
Reichhart suggested including a table of development thresholds on the development map for
development of schools with the stipulation that plats would not be issued if the school issue was
not addressed.
Revised language for the ordinance would include (1) the development must comply with the
City of Denton park ordinance, (2) a legend would be added to the development plan map to
state what level each type of school would be required with plats not being issued as
enforcement.
Deputy Mayor Pro Tem Mulroy stated that additional ordinance items would be to label open
spaces as homeowner association open space and delete the language for the additional time for
plat extension.
The Mayor closed the public hearing.
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July 17, 2007
Page 9
The following ordinance was considered:
NO. 2007-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD
RESIDENTIAL 3 (NR-3), NEIGHBORHOOD 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6
(NR-6), NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12), NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU), COMMERCIAL MIXED USE GENERAL (CM-G),
PLANNED DEVELOPMENT (PD-120), AND RURAL RESIDENTIAL (RD-5) TO THE
HILLS OF DENTON MASTER PLAN COMMUNITY (HILLS OF DENTON MPC) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 2,210
ACRES, GENERALLY LOCATED ON NORTH OF LOOP 288, WEST OF LOCUST STREET,
SOUTH OF MILAM ROAD AND EAST OF BONNIE BRAE STREET AND LEGALLY
DESCRIBED AS A 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 T. TOBY SURVEY, ABSTRACT NO. 288, THE J.
COLLARD SURVEY, ABSTRACT NO. 297, THE M. MAY SURVEY, ABSTRACT NO. 807,
THE J. STEWART SURVEY, ABSTRACT NO 1150, THE F. MCKETTRICK SURVEY,
ABSTRACT NO. 846, AND THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025,
DENTON COUNTY, TEXAS SAID 2120.6206 ACRE TRACT BEING COMPRISED OF AND
CONTAINING: ALL OF TEN TRACTS DESCRIBED TO DENTON 288, L.P. BY SPECIAL
WARRANTY DEEDS RECORDED AS INSTRUMENT NO’S. 2006-21489, 2006-12208, 2006-
12204, 2006-12124, 2006-56312, 2006-59307, 2006-57777, 2006-57774, 2006-87970, AND
2006-56313, OFFICIAL RECORDS OF DENTON COUNTY, TEXAS; ALL OF THAT
CERTAIN TRACT DESCRIBED TO HARVARD C.G. PROPERTIES, L.L.C. BY SPECIAL
WARRANTY DEED RECORDED AS INSTRUMENT NO 2006-19521, OFFICIAL RECORDS
OF DENTON COUNTY, TEXAS; ALL OF THAT CERTAIN TRACT DESCRIBED TO
RICHARD TEDROW AND WIFE BY WARRANTY DEED RECORDED IN VOLUME 1154,
PAGE 836, DEED RECORDS, DENTON COUNTY, TEXAS; ALL OF THAT CERTAIN
TRACT DESCRIBED TO RICHARD CLAIR TEDROW BY SPECIAL WARRANTY DEED
RECORDED IN VOLUME 1028, PAGE 761, DEED RECORDS, DENTON COUNTY,
TEXAS; AND ALL OF THAT CERTAIN TRACT DESCRIBED TO JAMES TEDROW,
TRUSTEE BY DEED OF GIFTS RECORDED IN VOL. 1978, PG. 796, COL. 1978, PG. 799,
COL. 1978, PG. 802, VOL. 1978, PG. 805, VOL. 1794, PG. 127, VOL. 1794, PG. 129, VOL.
1794, PG. 1 31, VOL. 1794, PG. 133, DEED RECORDS, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY, SUBORDINATION
AND AN EFFECTIVE DATE. (Z06-0026)
Kamp motioned, Mulroy seconded to adopt the Option A of the proposed ordinances with the
clarifications as discussed: deleting the platting extension, noting the open spaces as homeowner
association parkland, platting would comply with the park dedication ordinance, and a legend of
school data on would be inserted on the development map to trigger platting requirement for
schools. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
B.The Council held a public hearing and considered adoption of an ordinance to
rezone approximately 2.962 acres from a Downtown Residential 1 (DR-1) zoning district to a
Downtown Commercial General (DC-G) zoning district. The property was generally located
st
north of Eagle Drive, east of Pacific Street and west of Myrtle Street. (Z07-0012, Access 1
Capital Bank) The Planning and Zoning Commission recommended approval (3-0).
City of Denton City Council Minutes
July 17, 2007
Page 10
Items #B and #C were considered together.
Mayor Pro Tem Kamp left the meeting with a conflict of interest.
Brian Lockley, Interim Director of Planning and Development, stated that there were two items
associated with the proposal. One was for rezoning of the property from Downtown Residential
1 to Downtown Commercial General. The other item dealt with a specific use permit to allow
for a temporary bank with a drive through facility. The property consisted of twelve lots under
single ownership with the applicant intending to develop the site with a bank and office uses.
The Planning and Zoning Commission recommended approval with the following conditions: (1)
the Specific Use Permit applied only to the drive through use associated with the temporary bank
building, (2) the Specific Use Permit would expire within 18 months of the issuance of a
building permit for the temporary building, or upon vacation of the temporary building,
whichever was first, and (3) the single family residences to the north and west of the site were
vacated and not used as residences after December 31, 2007 and if still being used as residences
on January 1, 2008, a wood fence would be required between the temporary bank and the
residences.
The Mayor opened the public hearings for # B and #C.
Comment cards were received from Randy Robinson, Phil and Diane Gallivan in support of the
proposal.
Larry Reichhart, Spring Brook Planning Group, spoke in support of the proposal.
The Mayor closed the public hearings.
The following ordinance was considered:
NO. 2007-151
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING
DISTRICT TO A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING
DISTRICT; THE AREA FOR ZONING CHANGE ENCOMPASSES 2.962 ACRES OF
LAND LOCATED NORTH OF EAGLE DRIVE, EAST OF PACIFIC STREET AND
WEST OF MYRTLE STREET AND LEGALLY DESCRIBED AS TRACTS 163, 164,
165, 166, 167, 168, 176, 177, 178, 179, 180 AND 181 OF THE WM. LOVING
SURVEY, ABSTRACT NUMBER 759, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z07-0012)
Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Heggins
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
July 17, 2007
Page 11
C.The Council held a public hearing and considered adoption of an ordinance for a
Specific Use Permit to allow a drive through associated with a temporary bank building within a
Downtown Commercial General (DC-G) zoning district. The subject property is 0.544 acres in
size, and is generally located on the west side of Myrtle Street, north of Eagle Drive. (S07-0006,
st
Access 1 Capital Bank) The Planning and Zoning Commission recommended approval (3-0).
The public hearing for this item was combined with Item #B.
The following ordinance was considered:
NO. 2007-152
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
SPECIFIC USE PERMIT TO ALLOW A DRIVE-THROUGH USE ASSOCIATED
WITH A BANK IN A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING
DISTRICT; THE AREA FOR SPECIFIC USE PERMIT ENCOMPASSES 0.554
ACRES OF LAND LOCATED NORTH OF EAGLE DRIVE AND WEST OF
MYRTLE STREET AND LEGALLY DESCRIBED AS TRACTS 177, 178, AND 179
OF THE WM. LOVING SURVEY, ABSTRACT NUMBER 759, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S07-0006)
Mulroy motioned, Heggins seconded to adopt the ordinance with the conditions as noted in the
ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”,
Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
Mayor Pro Tem Kamp returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Council considered adoption of an ordinance on first reading to voluntarily annex
approximately 9.39 acres into the corporate city limits of the City of Denton, Texas. The first
site was approximately 5.44 acres and the second site was approximately 3.95 acres. The sites to
be annexed are generally located on the north side of Spencer Road between Woodrow Lane and
Brinker Road (see Exhibit 1). The sites were within a tract of land described in the Mary Austin
Survey Abstract Number 4 Denton County, Texas and being a part of the called 26.474 acre tract
described in the Dis-Annexation Ordinance No 81-83 of the City of Denton, Texas. (A07-0002,
Denton Municipal Electric Spencer Complex Annexation) The Planning and Zoning
Commission recommended approval (6-0).
Brian Lockley, Interim Director for Planning and Development, stated that this was the first
public hearing for the voluntary annexation of the portion of the Denton Municipal Electric
Spencer Complex property and associated right-of-way. Annexation schedule was included in
the backup materials, all state mandated requirements had been met and exhibits for service plan
and analysis were included.
The following ordinance was considered:
City of Denton City Council Minutes
July 17, 2007
Page 12
FIRST READING
AN ORDINANCE ON FIRST READING TO VOLUNTARILY ANNEX
APPROXIMATELY 9.39 ACRES INTO THE CORPORATE CITY LIMITS OF THE
CITY OF DENTON, TEXAS.
Montgomery motioned, Kamp seconded to approve the ordinance on first reading. On roll vote,
Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor McNeill “aye”. Motion carried unanimously.
B.Council considered adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of the “City of Denton General Obligation Bonds
($16,070,000), Series 2007”; authorizing the issuance of the bonds; approving and authorizing
instruments and procedures relating to said bonds; and enacting other provisions relating to the
subject.
Jon Fortune, Assistant City Manager, presented Items #B-#E. The General Obligation Bonds
would be used for capital improvements in the areas of streets and transportation, parks and
beautification, and building/improvements to the Senior Center. These projects were approved
by voters on February 5, 2005. The Certificates of Obligation would be used to fund capital
improvements for a multi-modal station, the public safety training facility, vehicle replacements,
facility capital maintenance programs, capital improvement planning, technology improvement
for Municipal Courts, and solid waste. Each of these items met the stated purposes included in
the City’s Debt Service Management Policy for which Certificates of Obligation would be used.
The refunding of existing debt with General Obligation Refunding bonds was not recommended
at this time due to unfavorable market conditions. Staff was recommending that rather than
eliminate the refunding, Council approve an ordinance which authorized a three month window
for the refunding to occur. This would allow additional opportunity if the market changed. The
refunding would only occur if the Debt Service Management Policy guidelines were met.
Laura Alexander, First Southwest, presented the final interest rates received from the
recommended bidders. The Underwriters Group presented the lowest interest rate at
4.6328299% for the General Obligation bonds.
The following ordinance was considered:
NO. 2007-153
AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO
THE ISSUANCE, SALE AND DELIVERY OF THE “CITY OF DENTON GENERAL
OBLIGATION BONDS ($16,070,000), SERIES 2007”; AUTHORIZING THE
ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS
AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
City of Denton City Council Minutes
July 17, 2007
Page 13
C.The Council considered adoption of an ordinance considering all matters incident
and related to the issuance, sale and delivery of “City of Denton General Obligation Refunding
Bonds, Series 2007”; establishing parameters for the redemption of certain outstanding
obligations of the city; authorizing the issuance of the bonds; approving and authorizing
instruments and procedures relating to said bonds; and enacting other provisions relating to the
subject.
The following ordinance was considered:
NO. 2007-154
AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO
THE ISSUANCE, SALE AND DELIVERY OF “CITY OF DENTON GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2007”; ESTABLISHING
PARAMETERS FOR THE REDEMPTION OF CERTAIN OUTSTANDING
OBLIGATIONS OF THE CITY; AUTHORIZING THE ISSUANCE OF THE BONDS;
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING
TO THE SUBJECT.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
D.The Council considered adoption of an ordinance considering all matters incident
and related to the issuance, sale and delivery of the "City of Denton Certificates of Obligation
($11,500,000), Series 2007"; authorizing the issuance of the certificates of obligation, approving
and authorizing instruments and procedures relating to said certificates of obligation, and
enacting other provisions relating to the subject.
Laura Alexander, First Southwest, stated that the Underwriters Group had provided the lowest
bid at an interest rate of 4.5062938%.
The following ordinance was considered:
NO. 2007-155
AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO
THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON
CERTIFICATES OF OBLIGATION ($11,500,000), SERIES 2007"; AUTHORIZING
THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION, APPROVING AND
AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID
CERTIFICATES OF OBLIGATION, AND ENACTING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
July 17, 2007
Page 14
E.The Council considered adoption of an ordinance considering all matters incident
and related to the issuance, sale and delivery of the “City of Denton Utility System Revenue
Bonds ($16,740,000), Series 2007”; Authorizing the issuance of the bonds; approving and
authorizing instruments and procedures relating to said bonds; and enacting other provisions
relating to the subject.
Laura Alexander, First Southwest, indicated that Morgan Stanley and Co. had provided the
lowest bid with an interest rate of 4.5857101%.
The following ordinance was considered:
NO. 2007-156
AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO
THE ISSUANCE, SALE AND DELIVERY OF THE “CITY OF DENTON UTILITY
SYSTEM REVENUE BONDS ($16,740,000), SERIES 2007”; AUTHORIZING THE
ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS
AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
F.The Council considered approval of the removal of a signal at the intersection of
McKinney Street and Wood Street and the installation of a “HAWK” pedestrian signal. The
Traffic Safety Commission recommended denial (6-0).
Frank Payne, City Engineer, stated that the signal in question was at corner of Wood Street and
McKinney Street. The traffic light had originally been placed in that location due to the
Sullivan-Keller Elementary School and pedestrian traffic. Currently the signal did not meet
warrants. The Traffic Safety Commission had denied the request and input from the public was
negative. The citizens were asking that the signal be left in its original configuration.
Mayor McNeill felt that the signal was not costly to maintain and the neighborhood wanted to
keep it in place.
Council Member Heggins felt that a non- traditional signal would confuse motorists.
Linda Knowles, 1131 E. McKinney, Denton, spoke in opposition to the removal of the signal.
Mulroy motioned, Kamp seconded to deny. On roll vote, Heggins “aye”, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion passed unanimously.
Council requested staff to have the signal working again as soon as possible.
City of Denton City Council Minutes
July 17, 2007
Page 15
G.The Council considered adoption of an ordinance accepting a $15,000
matching grant from the Texas Forest Service to hire an urban forestry consultant responsible for
reviewing and revising the tree preservation and code regulations and to develop an Urban Forest
Master Plan that covers planting, preservation, and care of trees on public property. The
Committee on the Environment recommended approval (2-0).
Nona Muncie, Landscape Administrator, stated that this was a matching grant for an Urban
Forestry Consultant to review tree preservation and code regulations and to develop an Urban
Forest Master Plan for planting, preservation, and care of trees on public property.
The following ordinance was considered:
No. 2007-157
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THE “URBAN
FORESTRY PARTNERSHIP PROGRAM” GRANT REQUEST; COMMITTING
SHARED COSTS OF THE PROJECT AS DESCRIBED IN THE GRANT
APPLICATION FROM PREVIOUSLY BUDGETED FUNDS, NOT TO EXCEED
$15,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
H.Citizen Reports
1.The procedures for addressing the City Council were reviewed
2.The Council received citizen reports from the following:
a)Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
b)Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
c)Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
d)Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth stated that Council had taught him how to get an African-American fire fighter.
He felt that Council did not help, single member district representatives did not help, the Fire
Chief did not help. He felt the way to get this accomplished was to tell the Council about the
problem to get the issues on the record. He was telling them that a light was needed at Woodrow
and Morse; that Eureka Park had a problem with the wood treatment, that there was a problem
with a recreation center manager split between MLK and Denia and that Denton needed an
African-American fire fighter.
City of Denton City Council Minutes
July 17, 2007
Page 16
e)Karen McCormick regarding a drainage issue on Ector Street.
Ms. McCormick spoke regarding Stanly, Thomas and Ector drainage project. She reviewed the
history of the project and presented a powerpoint presentation regarding flooding in the area
I.New Business and Announcements
The following items of new business were suggested by Council:
Deputy Mayor Pro Tem Mulroy requested that staff add the Ector Street drainage issue to
the list of drainage projects under consideration.
Council Member Thomson requested that staff look at the possible need for additional
street lights on Bonnie Brae near the intersection with Windsor.
Mayor Pro Tem Kamp asked for either a report or discussion regarding the current and
future interlocal agreements for animal services to determine how it would impact the
design of a new shelter.
J.City Manager’s Report
City Manager Campbell did not have any items for Council.
K.There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
L.There was no official Action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:41 p.m.
______________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
______________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS