May 15, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
May 15, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 15, 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, Montgomery, and Thomson.
ABSENT: Council Member McElroy
1.Staff responded to requests for clarification of agenda items listed on the agenda for May
15, 2007.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:02 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section
551.071.
1.Consulted with attorneys regarding safety procedures and avoidance of
liability claims.
B.Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section
551.071 and Deliberations regarding Real Property – Under TEXAS
GOVERNMENT CODE Section 551.072.
1.Legal advice from the City Attorney relating to the Animal Shelter
Agreement, facilities, and location and deliberations regarding the
purchase or value of real property for a proposed animal shelter.
C.Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section
551.071 and Deliberations regarding Real Property – Under TEXAS
GOVERNMENT CODE Section 551.072.
1.Legal advice from the City Attorney relating to the lease of City right-of-
way for property at 207 North Elm and deliberations regarding the lease of
City property.
D.Deliberations regarding consultation with the City Attorney – Under TEXAS
GOVERNMENT CODE Section 551.071 and Section 551.087 – Deliberations
regarding Economic Development Negotiations.
1.Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Allegiance
City of Denton City Council Minutes
May 15, 2007
Page 2
Development with respect to development at Rayzor Ranch. This
discussion shall include commercial or financial information the City
Council has received from Allegiance Development, which the City
Council seeks to have locate, stay, or expand in or near the territory of the
city, and with which the City Council is conducting economic
development negotiations; including the offer of financial or other
incentives.
E.Deliberation regarding personnel matters – Under TEXAS GOVERNMENT
CODE section 551.074.
1.Deliberated the evaluation of candidates for the Internal Auditor position
including the selection, employment, and evaluation of a future Internal
Auditor.
Regular Meeting of the City of Denton City Council on Tuesday, May 15, 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
B.May Yard-of-the-Month Awards
Mayor McNeill presented the Yard of the Month awards for May.
3. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
A.2007-098 - An ordinance of the City of Denton, Texas amending the provisions of
Chapter 16 relating to licenses, permits, and business regulations by amending
Section 16-78 to limit the exemption for agricultural vendors and youth
organizations; providing for a severability clause; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for
violations of this ordinance; and providing for an effective date.
B.2007-099 - An ordinance providing for the expenditure of funds for the
emergency purchase of two automatic defibrillators for the Denton Fire
Department in accordance with provisions of State Law exempting such
purchases from requirements of competitive bidding; and providing an effective
City of Denton City Council Minutes
May 15, 2007
Page 3
date (File 3792–Emergency Purchase of Two Automatic Defibrillators for the
City of Denton Fire Department awarded to eMED in the amount of $29,000).
C.2007-100 - An ordinance determining a sole source and approving the
expenditure of funds for the purchase of radios for the City of Denton Fire
Department 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 3553–Purchase of Radios for Fire Department
awarded to Motorola in the amount of $101,133).
D.2007-101 - An ordinance determining a sole source and approving the
expenditure of funds for the purchase of seventy traffic signal controllers for the
City of Denton Traffic Department 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 3780–Purchase of Traffic
Signal Controllers awarded to Paradigm Traffic Systems in the amount of
$142,800).
E.R2007-013 - A resolution by the City of Denton, Texas, authorizing the City
Manager to sign and submit to the Department of Housing and Urban
Development a 2007 Action Plan for Housing and Community Development with
appropriate certifications, as authorized and required by the Housing and
Community Development Act of 1974, as amended and the National Affordable
Housing Act of 1990, as amended; and providing for an effective date.
F.Approved a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system during the Juneteenth
Celebration. The celebration is sponsored by the Juneteenth Committee. The
event will be located in the Fred Moore Park on Friday, June 15, 2007, beginning
at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday, June 16th beginning
at 11:00 a.m. and concluding at 12:00 p.m. The request is for an exception to the
hours of operation and an increase in sound decibels to 75 dbls.
G.2007-102 - An ordinance of the City of Denton, Texas amending the provisions of
Chapter 4 relating to Alarm Systems by amending Section 4-29 to remove the
exception waiving the permit fee for residential alarm permits for residents over
the age of 65; by amending Section 4-62 to reduce the number of false burglar
alarms allowed before a penalty may be assessed from five to three prior false
burglar alarms;providing for a severability clause; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for
violations of this Ordinance; and providing for an effective date.
H.2007-102 - An ordinance of the City of Denton, Texas, establishing fees to be
charged for annual Alarm Permits as provided for in Sec. 4-26 and 4-29 of Article
II of Chapter 4 "Alarm Systems" of the Code of Ordinances of the City of Denton,
Texas; providing for a severability clause; providing a repealer clause; providing
a savings clause; and providing for an effective date.
I.Approved tax refunds for the following property taxes:
City of Denton City Council Minutes
May 15, 2007
Page 4
Tax
Name Reason Amount
Year
1. Lennar Homes of TexasOverpayment2005 $ 4,389.44
2. GE Capital Information TechDCAD Supplemental Change 2006 $ 2,362.63
J.Approved the Parks, Recreation and Beautification Board recommendation to
select George Caddell as the artist for the most recent public art sculpture for the
City of Denton. Project budget not to exceed $25,000. The Parks, Recreation and
Beautification Board recommended approval (5-0).
K.Approved a request for an exception to the Noise Ordinance for the purpose of a
music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in
the area of Fry Street, behind Lucky Lou’s and Riprocks. The event is to be on
Saturday, May 19, 2007, from 2:00 p.m. to 8:30 p.m. The exception is
specifically requested for an increase in the maximum allowable decibels for an
outdoor music festival from 70 decibels to 75 decibels.
L.2007-104 - An ordinance authorizing the acquisition in Fee Simple, through
agreement or eminent domain for municipal purposes, including public utility and
drainage purposes, in an approximate 0.257 acre tract of land located in the
Gideon Walker Survey, Abstract Number 1330, Denton County Texas and being
a parcel of land conveyed to Randy C. Snider, by Deed Recorded Under County
Clerk’s File Number 96-R0016095, Real Property Records, Denton County,
Texas; authorizing the City Attorney or his designee to do all things necessary
and appropriate to acquire the property through agreement or eminent domain.
The Public Utilities Board recommended approval (7-0).
M.Approved the minutes of:
April 10, 2007
April 17, 2007
April 23, 2007
N.2007-105 - An ordinance of the City of Denton, Texas, approving the 2008
Budget of the Denton Central Appraisal District; and providing an effective date.
4.PUBLIC HEARINGS
A.The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 3.3 acres from a Downtown Residential 1 (DR-1)
zoning district to a Downtown Commercial General (DC-G) zoning district. The property was
located on the west side of Carroll Boulevard, south of Eagle Drive and north of Collins Street.
(Z07-0008, Eagle Crossing) The Planning & Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was a request to
rezone a 3.3 acre parcel on Carroll Blvd. The subject property was comprised of six lots, under a
single ownership. The applicant intended to develop the site with retail and/or office uses. If
adopted, the property would match and be consistent with property to the east and in the same
family of zoning as the property to the west. The Planning and Zoning Commission
City of Denton City Council Minutes
May 15, 2007
Page 5
recommended approval with the condition that an 8-foot high fence on the western boundary of
the property be constructed.
The Mayor opened public hearing.
The following individuals spoke during the public hearing:
Steve McNeill, 2303 Bradwood Court, Arlington, 76011 – in favor.
Jeremy Sain, 309 West Hickory, Denton, 76201 – in favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-106
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 WITH AN OVERLAY CONDITION, THE AREA PROPOSED FOR
ZONING CHANGE ENCOMPASSING 3.310 ACRES OF LAND LOCATED ON THE
SOUTHWEST CORNER OF CARROLL BOULEVARD AND EAGLE DRIVE
INTERSECTION AND LEGALLY DESCRIBED AS TRACTS 216, 217, 218, 219
AND 220 OF THE A. HILL SURVEY, ABSTRACT NUMBER 623, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0008)
Mulroy motioned, Heggins seconded to adopt the ordinance as presented. On roll vote, Heggins
“aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
B.The Council held a public hearing and considered adoption of an ordinance
regarding a Comprehensive Plan Amendment from a "Neighborhood Centers" land use
designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land
located on the northeast corner of Crawford Road and I-35W. The property was currently
undeveloped and the owner proposes the eventual development of commercial land uses. (CA07-
0002, Crawford Retail). The Planning & Zoning Commission recommended approval (7-0).
Mayor McNeill stated that the public hearings for Items B and C would be held together.
Brian Lockley, Interim Director for Planning and Development, stated that the applicant was
requesting a comprehensive plan amendment from a neighborhood center land use designation to
a regional mixed use center land use designation. The property was currently undeveloped with
future commercial uses proposed. Plans for the proposed site were still in a conceptual stage.
The Planning and Zoning Commission recommended approval. In an associated case, the
applicant was requesting a zoning change from a Neighborhood Residential Mixed Use Zoning
District to Regional Center Commercial Zoning District.
City of Denton City Council Minutes
May 15, 2007
Page 6
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Patti Martin, 9905 Soriano Street, Denton, 76207 – support
J. Rose, 16475 Dallas Parkway, Addison - support
A comment card was submitted from Yusufzai Oscar, 1444 Van Winkle Drive, Carrollton,
76204, in opposition.
The Mayor closed the public hearings.
The following ordinance was considered:
NO. 2007-107
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT FROM NEIGHBORHOOD CENTERS
LAND USE TO A REGIONAL MIXED USE CENTERS LAND USE,
ENCOMPASSING APPROXIMATELY 7.5972 ACRES OF LAND LOCATED AT
THE NORTHEAST CORNER OF CRAWFORD ROAD AND INTERSTATE 35 WEST
INTERSECTION, DESCRIBED AS A TRACT OF LAND SITUATED IN THE
ELIZANO PIZANO SURVEY, ABSTRACT NO. 994, CITY OF DENTON, DENTON
COUNTY, TEXAS; SAID TRACT BEING ALL OF THAT A CERTAIN TRACT OF
LAND DESCRIBER IN SPECIAL WARRANTY DEED WITH VENDOR’S LIEN TO
I-35 AND CRAWFORD ROAD PARTNERS, LTD., RECORDED IN VOLUME 4163,
PAGE 268 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND
PROVIDING FO SEVERABILITY AND AN EFFECTIVE DATE. (CA 07-0002)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
C.The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 7.6-acre tract of land from a Neighborhood
Residential Mixed Use (NRMU) zoning district to a Regional Center Commercial-Neighborhood
(RCC-N) zoning district located at the northeast corner of Crawford Road and Interstate 35W.
The property was currently undeveloped and the owner proposed the eventual development of
commercial land uses.(Z07-0002, Crawford Retail). The Planning & Zoning Commission
recommended approval (6-1) with the condition that retail uses be limited to 25,000 square feet.
The public hearing was considered with Item B.
The following ordinance was considered:
City of Denton City Council Minutes
May 15, 2007
Page 7
NO. 2007-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION TO A REGIONAL CENTER
COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT
CLASSIFICATION WITH OVERLAY CONDITIONS, THE AREA PROPOSED FOR
ZONING CHANGE ENCOMPASSING APPROXIMATELY 7.5972 ACRES OF
LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF
CRAWFORD ROAD AND INTERSTATE 35 WEST, DESCRIBED AS A TRACT OF
LAND SITUATED IN THE ELIZANO PIZANO SURVEY, ABSTRACT NO. 994,
CITY OF DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF
THAT CERTAIN TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED
WITH VENDOR’S LIEN TO I-35 AND CRAWFORD ROAD PARTNERS, LTD.
RECORDED IN VOLUME 4163, PAGE 268 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (Z07-0002)
Mulroy motioned, Montgomery seconded to adopt the ordinance as presented with the overlay
district restricting the size of any retail establishment, not including a hotel, to 2500 square feet.
On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “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 Comprehensive Plan Amendment from “Neighborhood Centers” to “Regional Mixed
Use Centers” and “Neighborhood Centers” land use designations on approximately 257 acres of
land located on the south side of U.S. Highway 380 (West University Drive) between Interstate
Highway 35 and Bonnie Brae Street. The site was currently zoned a combination of
Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning
districts. The Planning and Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that Items D and E would
be discussed together.
Item D was a Comprehensive Plan Amendment for the southern half of the property and Item E
was an amendment of the overlay district to enhance existing and create new standards that
would ensure a quality development to enhance and protect the property in accordance with
Subchapter 7 of the Denton Development Code. He reviewed the site plan for both the north and
south portions. The north parcel would include residential uses, a park with a water feature, big
box uses with in-line retail and out parcels for single use retail services. The southern parcel
would include out parcels, a regional mall with anchor stores on site, park space, office uses, a
proposed continuing care facility, a hotel and residential uses both multifamily and single family.
The Mayor opened the public hearings.
The following individuals spoke during the public hearings:
City of Denton City Council Minutes
May 15, 2007
Page 8
Betty Wright, 1805 Crescent Street, Denton 76201 – favor
Dalton Allen, 111 Lexington Lane, Denton, 76205 – favor
Jurhee Curtis, P.O. Box 311068, Denton, 76203 – favor
Randy Holcombe, applicant – favor
Alex Payne, 923 Ridgecrest, Denton, 76201 - favor
Pat Cheek, 1220 Tulane, Denton, 76201 - favor
Greg Johnson, 3200 Belmont, Denton, 76210 – favor
Billie Ann Kasper, 2816 Southridge Drive, Denton, 76210 – opposed
Aida and Joaquin Zihaurtanejo, 3309 Dunes, Denton 76209 - opposed
Jackie Tomme, 123 Indian Paint Drive, Justin, 76247 – opposed
Larry Feldman, 1010 Northern Blvd., Great Neck, New York, 11771 – opposed
Sammie Harsen, 804 Hillcrest, Denton, 76201 – opposed
Atticus Cox, 3900 Winston Drive, Denton, 76205 – opposed
Ray Twehous, 607 Magnolia, Denton, 76201 - favor
Andrea Breedlove, 414 Audra Lane, Denton, 76201 – opposed
Joe Camper, developer - favor
A comment card was submitted by John Paul Eddy, 1320 Heather Lane, Denton, 76209.
Randy Holcomb was allowed a five minute rebuttal.
Jan Carrington spoke in favor.
The Mayor closed public hearing
Council Member Thomson felt that there was a need for more shopping on the north side of the
City. He was pleased that there would be a quality type of mall in the area. He felt that
demographic studies indicated the support for two malls.
The following ordinance was considered:
NO. 2007-109
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE FUTURE LAND USE PLAN OF THE LAND ELEMENT OF
THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS, THE AREA FOR
AMENDMENT ENCOMPASSING A 256.91 ACRE TRACT OF LAND GENERALLY
LOCATED ON THE EAST SIDE OF IH-35, SOUTH OF WEST UNIVERSITY
DRIVE/U.S. 380 AND WEST OF BONNIE BRAE STREET, AND MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT “A” AND
DEPICTED ON EXHIBIT “B”, BOTH OF WHICH ARE ATTACHED HERETO AND
INCORPORATED BY REFERENCE HEREIN; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE. (CA06-0008)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
City of Denton City Council Minutes
May 15, 2007
Page 9
E.The Council held a public hearing and considered the adoption of an ordinance
amending the provisions applicable to a Special Purpose Overlay District Classification,
encompassing approximately 410 acres of land located generally on the north and south sides of
U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae
Street; providing for a zoning change on approximately 223 acres of land located therein from
Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12),
Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G)
zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D), as
well as the amended Rayzor Ranch Overlay District; amending Chapter 35, Subchapter 7.13 of
the City of Denton Code of Ordinances, “Denton Development Code”, Special Purpose and
Overlay Districts” to amend section 35.7.13 “Rayzor Ranch Overlay District”: providing a
severability clause; providing a penalty in the maximum amount of $2,000.00 for violations
thereof; and an effective date.(Z06-0029 and Z06-0030). The Planning & Zoning Commission
recommended approval (7-0).
The public hearing for this item was held with Item D.
The following ordinance was considered:
NO. 2007-110
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 223 ACRES OF LAND LEGALLY DESCRIBED IN EXHIBIT
“B”, ATTACHED HERETO, FROM THE EXISTING NRMU-12, NRMU, CM-G AND
NR-6 ZONING CLASSIFICATIONS AND USE DESIGNATIONS TO THE RCC-D
ZONING CLASSIFICATION AND USE DESIGNATION, AS MODIFIED BY THE
TERMS OF THE RAYZOR RANCH OVERLAY DISTRICT CLASSIFICATION
HEREIN AMENDED; AMENDING BY SUPERSEDURE CHAPTER 35,
SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES,
“DENTON DEVELOPMENT CODE: “SPECIAL PURPOSE AND OVERLAY
DISTRICTS”; PROVIDING FOR THE REGULATION OF LAND USES AND
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY
DISTRICT; APPROVING AND AUTHORIZING EXECUTION, AMENDMENT AND
RECORDATION OF A DEVELOPMENT AGREEMENT ATTACHED AS EXHIBIT
M AND REMOVAL OF THE TEXT OF SECTION 35.7.13.3.A.5 OF THE DENTON
DEVELOPMENT CODE UPON SUCH OCCURRENCE WITHOUT THE NECESSITY
OF FURTHER COUNCIL ACTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Kamp felt both malls could coexist. It was not an either/or situation.
Deputy Mayor Pro Tem Mulroy stated he was in favor of the amendment. The developer could
not wait until the residential section was completed as he would not be able to afford the retail.
Mayor McNeill stated he was pleased with both projects. He was excited about the mall
renovation and the new mall in the north. He felt growth was coming to this area and that
Denton would be able to support both retail areas.
City of Denton City Council Minutes
May 15, 2007
Page 10
Council Member Montgomery felt that these changes would keep shoppers from going outside
the Denton area to shop.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
Item 5C was considered
C.The Council considered adoption of an ordinance establishing an Economic
Development Program under Chapter 380 of the Local Government Code for making grants of
public money to promote economic development and to stimulate business activity in the City of
Denton; approving an economic development Program Grant Agreement with Allegiance
Development regarding the development of an approximate 410 acre parcel of land generally
located on both sides of US Highway 380 (West University Drive) between I-35 and Bonnie
Brae; authorizing the expenditure of funds therefor; and providing an effective date.
Linda Ratliff, Director of Economic Development, presented an overview of project. She stated
that Allegiance Development had requested an economic development incentive to assist in the
cost of constructing public infrastructure related to the development of Rayzor Ranch
Marketplace and Town Center.
Deputy Mayor Pro Tem Mulroy wanted the public to be aware that a majority of the money
would be used for streets which was advantageous for the public.
Ratliff replied that was correct plus for drainage, utilities and the widening of Bonnie Brae.
Deputy Mayor Pro Tem Mulroy indicated a portion would be used for park improvements at
North Lakes Park.
Ratliff stated yes that in addition to other improvements, there would be improvements to the
dam, pavilion, docks for the parks and the development of trails.
The following individuals submitted Speaker Cards:
Alex Payne, 923 Ridgecrest Circle, Denton, 76205 – favor
Steve Stone, 6327 Freeman Road, Krum, 76249 – favor
Comment Cards were submitted by:
John Ryan, 2128 Emerson, Denton, 76209 – support
Jimmie Brown, 2304 Vanderbilt Court, Denton, 76201 – support
Ruth Bowen, 1406 Startford, Denton, 76209 - favor
Larry Feldman, 1010 Northern Blvd., Great Neck, New York, 11771 – opposed and
requested postponement to work out agreement for stores at mall.
Mike Lynn, 750 N. St. Paul, Dallas, 75201 – opposed
Shane Pollock, 8005 Hidden Path Lane, Denton, 76210 - opposed
City of Denton City Council Minutes
May 15, 2007
Page 11
Edwina Lowry, 9708 Amber Court, Denton, 76207 - opposed
Mayor McNeill stated that this proposal dealt with sales tax incentives and not property taxes. It
was not the place for Council to tell business what it could or couldn’t do.
The following ordinance was considered:
NO. 2007-113
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
ALLEGIANCE DEVELOPMENT REGARDING THE DEVELOPMENT OF AN
APPROXIMATE 410 ACRE PARCEL OF LAND GENERALLY LOCATED ON
BOTH SIDES OF US HIGHWAY 380 (WEST UNIVERSITY DRIVE) BETWEEN I-35
AND BONNIE BRAE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
Council returned to the regular agenda order.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance of the City of Denton, Texas,
granting, pursuant to Section 20-1(e)(1)b of the Code of Ordinances of the City of Denton,
Texas, an exception to the limitations imposed by that section with respect to sound levels and
hours of operations for an outdoor music festival; and providing an effective date. The North
Texas State Fair Association was requesting a three-year exception (years 2007-2009) for the
North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the
fourth Sunday of August. The exception requested was from 12:00 midnight, Monday through
Thursday, 1:00 a.m. Friday and Saturday, and 11:00 p.m. on Sunday.
The following ordinance was considered:
NO. 2007-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT
TO SECTION 20-1(E)(1)B OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT
SECTION WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATIONS
FOR AN OUTDOOR MUSIC FESTIVAL; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
May 15, 2007
Page 12
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
B.The Council considered adoption of an ordinance of the City of Denton, Texas,
renaming the Phoenix Park, and declaring an effective date. (The Parks, Recreation and
Beautification Board recommended approval (6-0).
Emerson Vorel, Interim Director of Parks and Recreation, stated that at the February Parks and
Recreation meeting, Council Member Heggins requested a name change of the Phoenix Park to
the Carl G. Young, Sr. Park. This proposal had been well publicized with signs posted in the
park, ads in the Denton Record-Chronicle, messages on the electronic board, and links on the
park website. Fourteen positive responses had been received and four opposed. Of those four in
opposition, three had suggested alternative names and one suggested changing the renaming
policy. Staff was currently working on a new policy for naming procedures.
The following ordinance was considered:
NO. 2007-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RENAMING THE
PHOENIX PARK, AND DECLARING AN EFFECTIVE DATE.
Heggins motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
C.Citizen Reports
1.Council reviewed procedures for addressing the City Council.
2.Council received citizen reports from the following:
A.David Johnson regarding the recent flood.
Mr. Johnson was not present at the meeting.
B.Nell Yeldell regarding Code Enforcement and replatting of
property.
Ms. Yeldell spoke about platting and the definition of platting. She felt it was not possible to
change the plat map without the property owner’s permission. She felt Code Enforcement did
not have the right to send out letters to older people regarding their property. People renting
homes should take care of their own property and it was not her responsibility as the property
owner to do so.
City of Denton City Council Minutes
May 15, 2007
Page 13
C.Robert Donnelly regarding city services.
Mr. Donnelly spoke again on solid waste and trash pickup at his property. He had information
that when the southern portion of the Denton North annexation was done, there were 60
residences annexed, 43 names of people in that annexation, and when compared with solid waste
records, only 6 individuals were paying for solid waste. If he couldn’t opt out of solid waste
service, he needed something from the City to hold him harmless when he placed his waste
containers out on Mayhill Road.
D.New Business and Announcements
The following items of New Business were suggested by Council for future agendas:
Mayor McNeill requested information regarding the annexation policy and the procedure to
allow current solid waste contractors to the service area.
Mayor McNeill requested a memo verifying the hours of collection for solid waste.
Mayor McNeill requested a work session on the results of the Leadership Denton report.
E.City Manager’s Report
City Manager Campbell did not have any items for Council.
F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:36 p.m.
__________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
___________________________________
JENNIFER WALTERS
CITY SECRETARY
City of Denton City Council Minutes
May 15, 2007
Page 14
CITY OF DENTON, TEXAS