December 9, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 9, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 9, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Kamp; Council Members Moreno, Mulroy, Thomson, and Watts.
ABSENT: Mayor Burroughs and Council Member Heggins
1.Staff responded to requests for clarification of agenda items listed on the agenda for
December 9, 2008.
Council Member Mulroy questioned if Item 3K relative to the sidewalks near Guyer High School
was coordinated with the DISD.
Howard Martin, Assistant City Manager, stated yes that the staff had been meeting with the
DISD and developing priorities and construction activities at Guyer. They had not reviewed
these specific plans but they knew that the City was moving forward with the temporary
sidewalks.
Council Member Mulroy requested amendments to the November 4, 2008 minutes. Page 32,
fourth paragraph from the bottom stated that “the overpass was sufficient. It should state it was
“insufficient”. Page 34, second paragraph from the bottom spoke regarding staff not being in
support of a variance in the future. The minutes showed a response by staff but he would like an
amendment that Council requested affirmation that staff would not support a variance.
Council Member Watts requested that his response during the regular session on Item 3R be
included verbatim in the minutes. This was located on page 11 of the minutes.
2.Council received a report, held a discussion, and gave staff direction regarding projects to
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be included in Denton’s 111 Congress, 1st Session Congressional Priority Project requests, and
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the 2009 State Legislative Program of the City of Denton, for the 81 Texas Legislature.
John Cabrales, Public Information/Intergovernmental Relations, presented information on key
legislative issues for the 2009 State and Federal Legislative Program. The proposed
congressional priorities were the same as the three from last year dealing with the Municipal
Airport, the Downtown development and the Public Safety Training Facility. The state
legislative program included Denton’s key issues as identified by council and staff. Adoption of
this program would allow city representatives to work with state legislators on supporting and
opposing legislation that would accomplish the city’s goals. It also gave city representatives the
ability to react quickly to proposed legislation and authority to enter testimony on these issues on
behalf of the city. The proposed document had been slightly modified since the agenda backup
to include Denton’s highest legislative priorities.
Council Member Mulroy questioned how the city would fund some of the proposed legislative if
it were outside the city limits.
City Manager Campbell stated that there were no budgetary considerations with these proposals.
They were statements of philosophy on what to oppose or support and did not address budget.
Cabrales indicated that another issue to address was air quality issues in Denton. A section would
be added to the legislation packet related to environmental quality and public health. This would
go in the body of the legislation but not on the list of high priorities.
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December 9, 2008
Page 2
Council Member Moreno asked how the documents were developed.
Cabrales stated that staff used issues from past sessions but also discussed pressing issues and
how they affected operations with the city’s Leadership Team, worked with TML and other
cities for areas of concern plus identified issues with Hillco, the city’s lobbyist group.
City Manager Campbell stated that staff was trying to identify issues that might come up before
the legislature and during that time when it might be difficult to get back to Council with the
items. They were trying to cover all issues that might come up and get prior direction from
Council on how to respond.
Cabrales added that there were times when the legislature might challenge a speaker whether he
was there personally or representing a city and passage of the resolution would show that the
individual was representing the City and Council.
Council Member Mulroy questioned what was Senate Bill 5.
Cabrales replied that it was the telecom bill.
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Council Member Mulroy stated that the 5 bullet point on page 6 talked about auditing
taxpayer’s records. He indicated that he would not support legislation for the city to be another
layer of government and have to start a sales tax regiment throughout the community. He felt
there should be a just cause for the city to do an audit.
Brian Langley, Director of Finance, stated that this audit piece looked at local businesses if they
relocated sales tax.
Council Member Mulroy replied that there would not be a separate level to that audit.
Langley replied correct. An audit would be done only when there were questions on a specific
business.
Council Member Mulroy received clarification of several other points included in the State
legislative program.
Consensus of the Council was to proceed with the proposed programs.
3.The Council received a report, held a discussion and gave staff direction to evaluate
continued collection of fees for engineering review of development projects by staff
development review engineers; for those development review tasks that were performed by
Freese & Nichols, Inc. prior to the approval of the new contract on November 4, 2008.
PS Arora, Assistant Director of Wastewater Utilities, stated that in 2005 the engineering firm
Freese and Nichols was retained to provide development review engineering services. In 2008
the contract went out for another request for proposal and the outcome of the selection process
was to again award the contract to Freese and Nichols. The current engineering tasks included
review of preliminary plats, final plats, traffic impact analysis, Conditional Letters of Map
Revision, and Letters of Map Revision. Several of those tasks were eliminated in the 2008
contract. Prior to staff engaging the consultant in fee negotiations, Council had approved a new
Senior Engineer position for development review in the FY 09 budget. The existing
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December 9, 2008
Page 3
Development Review Administrator position that was occupied by an engineer was converted to
a Senior Engineer position which resulted in two Senior Engineer positions that were available
for development review. Scope negotiations with Freese and Nichols were conducted to bring
some of the engineering tasks in-house for development review and tasks were deleted from the
Freese and Nichols contract. Those were tasks that the two Senior Engineers would now do. If
those tasks stayed with Freese and Nichols, the cost would be $211, 899; however, the proposed
fees would be $156,000. The new fees would come back to the City. Staff was not asking to
change any fees just to continue to charge the fees.
Council Member Watts asked how the $156,000 compared to what the two positions were
costing.
Arora stated that the developers were paying the fee anyway except that now the fee would come
to the City instead of Freese and Nichols.
Council Member Mulroy stated that the City would be taking over tasks in-house at a 2005 rate
which would save developers money. He asked if those fees were adequate.
Arora stated that staff would need more time to study the fees to make sure they were adequate.
Staff was recommending forwarding this item to Council in January for approval.
Consensus of the Council was to proceed with the staff recommendation.
4.The Council received a briefing, held a discussion and gave staff direction regarding
proposed amendments applicable to the Rayzor Ranch Overlay District on approximately 410
acres of land, generally located on both sides of West University Drive / U.S. Highway 380, and
being generally located between IH-35 and Bonnie Brae Street. The briefing would focus on the
subject of Trade Dress as it applies to this Overlay District. (Z06-0029 and Z06-0030, Rayzor
Ranch)
Chuck Russell, Planning Supervisor, stated that the briefing would focus on Trade Dress as it
applied to the Rayzor Ranch overlay district. Staff had been working with the applicant and
among themselves but at this time there was no definite resolution ready for Council
consideration. Staff was comfortable keeping the current structure for next several months. He
indicated that the issue also involved the sign district with the focus currently on the north side of
Highway 380. The provisions would deal with the design of inline development and outparcels.
He reviewed the definition of trade dress which included letters, background color and structural
provisions. The approved national trade dress criteria included (1) tenant identification signage,
materials, entry treatments and architectural features and must be part of a national identity; (2)
tenant’s logo and identifying colors that did not have to match architectural color palette for
Rayzor Ranch; (3) could not extend beyond the façade of the building; (4) could not exceed
25% of the total area of the façade for each tenant; (5) wall signage must be incorporated into the
Trade Dress and could not exceed 20% of the total area of the façade; and (6) corner and
freestanding buildings would be allowed to have trade dress on all facades. He reviewed the
approved color palette for Rayzor Ranch which did not include some of the colors of the national
trade dress.
New topics staff and the applicant were considering included (1) whether to regulate trade dress
through an overlay district or a sign district; (2) should trade dress include signs; (3) was 25%
non-palette approved color too much; (4) should trade dress be limited to the main entrance area;
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December 9, 2008
Page 4
(5) should buildings less than 8,000 square feet be exempt; (6) should structural trade dress
elements be approved at the building permit; and (7) should corner and freestanding buildings be
allowed to have 25% trade dress on all facades.
Council Member Watts asked if staff was comfortable with the current conditions in the
ordinance.
Russell replied yes that the applicant was committed to bringing forward all elevations for staff
to review.
Mayor Pro Tem Kamp asked if the new topics of discussion would be considered at the standing
Rayzor Ranch meetings.
Russell replied yes.
Council Member Moreno asked why an overlay district could not be used to enforce regulations.
Russell replied that it might be headed back to an overlay district for enforcement. Trade dress
included signs, architecture and color. It may be that signage should be separate from trade dress
but the biggest hang up was procedures versus standards.
5.The Council received a briefing, held a discussion and gave staff direction on the
proposed amendments to Subchapter 18 “Land Disturbing Activities” of the Denton
Development Code (DDC). The Planning and Zoning Commission recommended approval (7-
0).
Mark Cunningham. Director of Planning and Development, stated that this issue was discussed
last week with Council and would provide answers to Council’s questions from the prior
presentation.
#1 - Would un-platted lots or lots that had been in the same configuration since 1960 and
considered “lots-of-record” need to be platted before obtaining a land disturbing permit to
address drainage issues. Wording was added that the City’s Drainage Engineer could issue a
land disturbance permit for un-platted parcels to improve drainage and promote compliance with
standards relating to flood prevention and erosion control.
#2 – Provide a history of the public input received by stakeholders regarding this proposed
amendment. Staff met with developers, builders and an environmental leader to gather insight
on how to proceed with the land disturbing code revisions.
Council Member Watts asked if the stakeholders group had seen this information presented to
Council as they had not met since May of 2007.
Cunningham stated that what was initially forwarded to the Planning and Zoning Commission
had been agreed to by the stakeholders group.
#3 – The decrease from 100 cubic yards for non-residential to 25 cubic yards was significant.
Provide an explanation of why 25 cubic yards was proposed for non-residential developments.
25 cubic yards was equal to two dump loads of dirt and that amount of dirt might possibly impact
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December 9, 2008
Page 5
a residential development. The proposed wording was changed to 50 cubic yards for non-
residential projects.
#4 – Who and how the temporary stabilization measures would be enforced. Wording was added
to the proposal stating that the Director of Water/Wastewater would ensure that temporary
stabilization measures were appropriately established.
#5 – Provide a definition of geotextile. Geotextile was a synthetic permeable fabric that
provided filtration, separation, and stabilization properties when applied to soil surfaces, and had
the ability to reduce erosion and sedimentation due to rain or a storm event.
Cunningham stated that the public hearing would have the noted changes incorporated into the
proposed ordinance.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:30 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.Consultation with Attorneys – Under Texas Government Code Section 551.071.
1.Received legal advice and information from the City's attorneys pertaining
toAsh Grove Texas, L.P. v. City of Dallas, City of Forth Worth, City of
Arlington, City of Plano, Dallas County Schools, and Tarrant County,
Case 3:08-CV-02114-O, and matters related thereto, wherein litigation
against the City of Denton is contemplated and threatened. Discuss,
deliberate, and provide the City's attorneys with direction and any
recommendations regarding such legal matters. A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
Regular Meeting of the City of Denton City Council on Tuesday, December 9, 2008 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
1. Presentation of Life Saving Award to Officer Jared Stevenson.
Mayor Pro Tem Kamp and Police Chief Minter presented a Life Saving Award to Officer Jared
Stevenson for his saving the life of a car accident victim.
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December 9, 2008
Page 6
3. CONSENT AGENDA
Council Member Mulroy asked that Item 3G be pulled for separate consideration.
Bob Clifton submitted Speaker Cards for Item 3I, J, K, L, M and N. He felt that too much
money was being spent for these items.
Watts motioned, Thomson seconded to adopt the Consent Agenda and accompanying ordinances
and resolutions with the exception of Item 3G. On roll vote, Kamp “aye”, Moreno “aye”,
Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously.
Item 3G was considered.
Frank Payne, City Engineer, stated that the agreement had been modified to include the project
name.
Mulroy motioned, Watts seconded to approve Item 3G. On roll vote, Kamp “aye”, Moreno
“aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously.
A. R2008-040 - A resolution of the City of Denton, Texas, adopting the City of
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Denton’s 111 Congress, 1st Session Congressional Priority Projects; providing a
repealer; and providing an effective date.
B.R2008-041 - A resolution of the City of Denton, Texas, adopting the City of
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Denton's 2009 State Legislative Program for the 81 Texas Legislature; providing
a repealer; and providing an effective date.
C.2008-303 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Tomas Rivera Elementary School for the
purpose of assisting with school supplies; providing for the expenditure of funds;
and providing for an effective date. ($500)
D.2008-304 - 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 2009 Denton Arts and Jazz
Festival; providing for the expenditure of funds therefor; and providing for an
effective date. ($1,850)
E.2008-305 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Historical Park Foundation for the purpose of
installing a steel door in the Welcome Center in the Historical Park; providing for
the expenditure of funds; and providing for an effective date. ($1,100)
F.2008-306 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Police Officers Association the purpose
contributing to their non-profit charitable organization called “Shop with A Cop”
which helps needy children shop for things they need and want for Christmas;
providing for the expenditure of funds; and providing for an effective date. ($700)
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December 9, 2008
Page 7
G.2008-307 - An ordinance approving an Interlocal Cooperation Agreement (ICA)
in the amount of $750,000.00 between the City of Denton and Denton County for
the construction of intersection improvements and the installation of a traffic
signal at the intersection of FM 2181 and Old Alton Road within the municipal
limits of the City and Denton County Commissioner Precinct #1, authorizing the
City Manager or his designee to execute said Agreement on behalf of the City of
Denton; and declaring an effective date.
H.2008-308 - 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, Texas Multiple Award Schedule (TXMAS) Program as
awarded by the State of Texas Building and Procurement Commission and US
Communities Purchasing Alliance for the acquisition of new and refurbished
furniture for the City of Denton South Branch Library by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 4157–
Interlocal Agreement for the purchase of furniture for the South Branch Library in
the amount of $ 282,005.60).
I.2008-309 - 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 a Bomb Squad Response Truck for the
City of Denton Fire Department by way of an interlocal agreement with the City
of Denton; and providing an effective date (File 4219–Bomb Squad Response
Truck for City of Denton Fire Department awarded to Grande Truck Center in the
amount of $162,640).
J.2008-310 - An ordinance amending Ordinance 2008-091 approved on May 6,
2008, so as to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of a Petteril 320 chassis with tandem axles
by way of an interlocal agreement with the City of Denton; and providing an
effective date (File 4220–Side Load Refuse Truck Chassis for Solid Waste
Department awarded to Rush Truck Centers of Texas LP in the amount of
$129,300). The Public Utilities Board considered this item on December 8, 2008.
K.2008-311 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of pedestrian path on Teasley Lane/FM 2181;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3966–Teasley Lane/FM 2181 Pedestrian Way awarded to Lands
Construction in the amount of $226,988).
L.2008-312 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of landscape and sidewalk improvements for the
Unicorn Lake project; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4177–Unicorn Lake Landscape and Pedestrian
Improvements Project awarded to Calvert Paving Corporation in the amount of
$654,538).
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December 9, 2008
Page 8
M.2008-313 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of software and services
for the deployment of an electronic citation package from Brazos Technology
Corporation, Inc., which is available from only one source in accordance with the
pertinent provisions of Chapter 252 of the Texas Local Government Code
exempting such purchases from the requirements of competitive bidding; and
providing an effective date (File 4084–Purchase of Electronic Citation Package
for Police Department in the amount of $127,500).
N.2008-314 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the repair of a Caterpillar Model DOT
Dozer for the City of Denton Landfill from Holt CAT, which is available from
only one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements
of competitive bidding; and providing an effective date (File 4221–Dozer Repair
for City of Denton Solid Waste Department in the amount of $92,705.82). The
Public Utilities Board considered this item on December 8, 2008.
O. 2008-315 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with the firm of Ponder Veterinary Hospital to provide
sterilization and rabies vaccination services for the City of Denton Animal
Services Center; authorizing the collection of funds therefor as reflected in the fee
ordinance; and providing an effective date.
P. Approved an exception to the Noise Ordinance for the purpose of amplified sound
for a Christmas celebration program held on the Downtown Courthouse lawn.
The event will be on Saturday, December 20, 2008, from 1:00 p.m. until 5:00
p.m. The exception is specifically requested for an increase of decibels for
amplified sound from 65 to 70 decibels.
Q. 2008-316 - An ordinance of the City of Denton, Texas, correcting, nunc pro tunc,
an inadvertent mistake in Ordinance No. 2008-134, specifically its amendment of
Subchapter 35.15.10.6 of the Denton Development Code.
R. Approved the minutes of November 4, 2008.
Mayor Pro Tem Kamp stated that staff had requested that Item 4F be removed from
consideration. If no one was present for the item, it would not be considered. She noted that no
one indicated an interest in the item so that it would be removed from the agenda and brought
back when additional information was collected and the item re-advertised.
Thomson motioned, Mulroy seconded to remove Item 4F from the agenda. On roll vote, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried
unanimously.
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December 9, 2008
Page 9
4.PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting approval of the use of a portion of the North Lakes Park for the purpose of water line
improvement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for
an easement; and providing an effective date. The Parks, Recreation and Beautification Board
recommended approval (7-0).
Bob Tickner, Parks Planning Manager, stated that this public hearing was required when park
land would be used for non-park uses. The non-park use would be for a water line improvement
along the edge of the park. The Parks, Recreation and Beautification Board had recommend
approval.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2008-317
AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF THE
NORTH LAKES PARK FOR THE PURPOSE OF WATER LINE IMPROVEMENT IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR AN EASEMENT; AND PROVIDING AN EFFECTIVE
DATE.
Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried
unanimously.
B. The Council held the second of two public hearings to consider, under the
annexation procedures for areas exempted from the municipal annexation plan, the voluntary
annexation and service plan for approximately 868.29 acres, located in the City’s Extraterritorial
Jurisdiction (ETJ), Division 1. The proposed annexation was in multiple ownerships, and
consisted of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) was
approximately 24.94 acres in size and was generally located between the City’s current northern
city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) was
approximately 843.35 acres and was generally located east of FM 2164 and north of Shepard
Road.(A08-0001, JNC Properties Annexation)
Mark Cunningham, Director of Planning and Development, stated that this was the second of
two City Council public hearings. This was a voluntary annexation of approximately 868.29
acres consisting of various ownerships and two separate areas. The purpose of the annexation
was to annex the properties to eventually develop them along with the other JNC properties to
the east as a Master Planned Community. The site contained approximately 24 parcels being
City of Denton City Council Minutes
December 9, 2008
Page 10
used for agricultural and rural residential. Three letters of opposition were received with this
proposal; two were received in favor and one neutral response. Staff found the request to be
consistent with the city’s annexation policy and recommended that the public hearing proceed as
scheduled.
The Mayor Pro Tem opened the public hearing
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
No action was required on this item at this time.
Mayor Pro Tem Kamp stated that a clarification was needed on the Consent Agenda Items. The
motion to approve should have included the revisions to the minutes as noted in the Work
Session and the change in Item 3G contract wording. A motion was needed for reconsideration.
Mulroy motioned, Watts seconded to reconsider the Consent Agenda. On roll vote, Kamp “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously.
Thomson motioned, Watts seconded to approve the Consent Agenda and accompanying
ordinances and resolutions plus the amendments to the minutes and Item 3G contract. On roll
vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion
carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, amending Subchapters 5 and 23 of the Denton Development Code;
revising the definitions of Elementary, Middle and High School; Defining Charter School;
Deleting a definition for School, Public or Private; Permitting Elementary, Middle and High
Schools within the Community Mixed Use General (CM-G) and Community Mixed Use
Employment (CM-E) zoning districts; and providing for a penalty in the maximum amount of
$2,000.00 for violations, thereof, severability and an effective date. (DCA08-0007) The
Planning and Zoning Commission recommended approval (6-0).
Mark Cunningham, Director of Planning and Development, stated that this was a staff initiated
wording amendment. The purpose was to revise existing definitions for elementary, middle and
high schools to include a reference to public and charter schools, reference the Texas statute
requirements for public schools, delete the current definition “Schools, Public or Private”, create
a definition for Charter Schools, and amend the use table of Subchapter 5 to allow elementary,
middle and high schools within the CM-G and CM-E zoning districts. This amendment was a
result of a request by University Behavioral Health and Legends Academy for a charter school.
The Planning and Zoning Commission had asked staff to work with the applicant for
consideration of a restrictive overlay. Through discussions with the applicant, staff determined
that a Denton Development Code text amendment was appropriate and would eliminate
confusion with implementation. The Development Review Committee and Planning and Zoning
Commission recommended approval of the proposed changes.
The Mayor Pro Tem opened public hearing.
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December 9, 2008
Page 11
Larry Reichhart, representing UBH and Legends Charter School, spoke in support of proposal.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2008-318
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SUBCHAPTERS 5 AND 23 OF THE DENTON DEVELOPMENT CODE; REVISING
THE DEFINITIONS OF ELEMENTARY, MIDDLE AND HIGH SCHOOL;
DEFINING CHARTER SCHOOL; DELETING A DEFINITION FOR SCHOOL,
PUBLIC OR PRIVATE; PERMITTING ELEMENTARY, MIDDLE AND HIGH
SCHOOLS WITHIN THE COMMUNITY MIXED USE GENERAL (CM-G) AND
COMMUNITY MIXED USE EMPLOYMENT (CM-E) ZONING DISTRICTS; AND
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously.
D. The Council held a public hearing and considered the adoption of an ordinance of
the City of Denton, Texas regarding amendments to the Rayzor Ranch Special Purpose Sign
District encompassing approximately 410 acres of land located generally on both sides of U.S.
Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street;
providing a severability clause; providing a penalty in the maximum amount of $2,000.00 for
violations thereof; and providing a severability clause and an effective date. (SD07-0001) The
Planning and Zoning Commission recommended approval (7-0).
Chuck Russell, Planning Supervisor, presented information on the special sign district changes.
The proposal would affect the pylon sign plan for the area north of Highway 380. Four signs
were included in the plan located at the main entrances of the development. Staff reviewed the
proposal against the architectural standards of Rayzor Ranch and found them to be compatible
with those standards and the standards with the special sign districts.
The Mayor Pro Tem opened public hearing.
Rob Baldwin, representing Rayzor Ranch, spoke in favor.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2008-319
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING
AMENDMENTS TO THE RAYZOR RANCH SPECIAL PURPOSE SIGN DISTRICT
ENCOMPASSING APPROXIMATELY 410 ACRES OF LAND LOCATED
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December 9, 2008
Page 12
GENERALLY ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY
DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, regarding amendments to Subchapter 18 “Land Disturbing Activities” of
the Denton Development Code (DDC); providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (DCA06-0010) The
Planning and Zoning Commission recommended approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that the purpose of the
proposed ordinance was to streamline the review and approval process for land disturbing
permits. The proposal had been discussed in the Council Work Session on December 2 with a
follow-up earlier in the meeting. Staff and the Planning and Zoning Commission recommended
approval.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2008-320
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING
AMENDMENTS TO SUBCHAPTER 18 “LAND DISTURBING ACTIVITIES” OF
THE DENTON DEVELOPMENT CODE (DDC); PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE.
Watts motioned, Mulroy seconded to adopt the ordinance as presented. On roll vote, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried
unanimously.
F. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amendments to Subchapters 6, 12 and 13 of the Denton
Development Code. The amendments included are to clarify standards and
regulations regarding SUP revocation, yard measurements, accessory buildings
and structures general regulations, expansion applicability, preservation and
mitigation requirements for infill lots, light and glare performance requirements,
and site development requirements for residential buildings; providing for a
City of Denton City Council Minutes
December 9, 2008
Page 13
penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. (DCA08-0002) The Planning and Zoning Commission
recommends approval (6-0).
This item was not considered.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution authorizing the giving of a
preference to goods and services of a vendor that demonstrates that the vendor meets or exceeds
any state or federal environmental standards, including voluntary standards, relating to air quality
or requiring that a vendor demonstrate that the vendor meets or exceeds any state or federal
environmental standards, including voluntary standards, relating to air quality if otherwise
meeting the requirements of TEX. LOC. GOV'T CODE Section 271.907; and providing for an
effective date.
Ken Banks, Environmental Quality Manager, stated that this item was a continuation from the
prior week relating to the purchase of green cement.
Speaker cards were submitted by:
Ed Soph, 1620 Victoria Drive, Denton, 76209 – opposed as written and suggested a
compromise.
Jim Schermbeck, 112 W. Garza, Slaton, 79364 – in favor and continue on course
A Comment card was submitted from Peggy LaPoint in support of the resolution.
The following resolution was considered:
R2008-042
A RESOLUTION AUTHORIZING THE GIVING OF A PREFERENCE TO GOODS
AND SERVICES OF A VENDOR THAT DEMONSTRATES THAT THE VENDOR
MEETS OR EXCEEDS ANY STATE OR FEDERAL ENVIRONMENTAL
STANDARDS, INCLUDING VOLUNTARY STANDARDS, RELATING TO AIR
QUALITY OR REQUIRING THAT A VENDOR DEMONSTRATE THAT THE
VENDOR MEETS OR EXCEEDS ANY STATE OR FEDERAL ENVIRONMENTAL
STANDARDS, INCLUDING VOLUNTARY STANDARDS, RELATING TO AIR
QUALITY IF OTHERWISE MEETING THE REQUIREMENTS OF TEX. LOC.
GOV'T CODE SECTION 271.907; AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously.
B. Citizen Reports
1.The Council held a Review of procedures for addressing the City Council.
City of Denton City Council Minutes
December 9, 2008
Page 14
2.The Council received citizen reports from the following:
A.Chris Wall regarding proposal for Denton Skate Park.
Mr. Wall presented a proposal for a free public skate park in Denton. The current park was too
small and unidirectional, had an admission fee and limited hours of operation and was costly to
maintain. He showed examples of parks in other cities that were more versatile and had flexible
hours. A proposed solution was a new concrete skate park, no admission fee, and full access in
the day time and lights at night. Such a proposed park would better serve the community and be
an attraction for Denton. It should also be designed by a company that knows about
skateboarding.
B.Heidi Marshall-Greene regarding Alliance for Children & Families
of Denton County.
Ms. Marshall-Greene, Project Director for Alliance for Children & Family of Denton County,
presented information on her agency.
C.Bob Clifton regarding the interactive spatial relationship between
the citizens of Denton and the Denton ISD; the irrelevancy of the
municipal airport; the subtle influence of economic development;
the lack of animal services; the overreach of Code Enforcement
and its logical removal to the Police Department; community
development in relation to the economic development agenda;
outsourced engineering; ineffectual customer service online;
diversion of funds from Charter Cable's payments to the general
fund instead of to DTV Broadcasting, emasculation of the city's
Boards and Committees; Dyno Products being sold in unauthorized
zoning areas; environmental quality issues without actual
confrontation with polluters; the junking of the Development
Code; the probable restructuring of building inspections; laughable
garbage collection; a dearth of health and safety programs;
inconsequential and bloated libraries with overpaid librarians;
crazy-quilted neighborhood services; the waste of taxpayer money
spent on an annual Citizen Update; the illegal subsidization of the
Chamber of Commerce; dissolution of internal audit; outrageous
expenditures in the Parks & Recreation Department; the tampering
with the City Charter along with useless and unenforceable Code
of Ordinances; incompetent planning for the city; the out of control
property taxes; the necessity for the abolition of the City Auditor's
office; inferior public transportation controlled by the two
universities and DCTA; the archaic Development Code in
coordination with the comprehensive plan; non-serious recycling
policies; the City Council; street bond money disappearing;
utilities stroking the general fund; fire department hiring policies;
oversight (or lack of) in purchasing; the City Manager's office;
erratic historic preservation; a self-supporting municipal court;
reorganization of the Police Department. Conversely, the intensely
and closely-monitored integer of the above.
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December 9, 2008
Page 15
Mr. Clifton spoke regarding Loop 288 construction, the Denton Municipal Electric new building,
Fry Street Development, the Hickory Substation, dumpsters, the electronic sign at the Civic
Center, code enforcement, the Rayzor Ranch development, and erosion control with drainage
fees.
C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting.
There were no items for consideration.
D. 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.
E. 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 8:04 p.m.
_______________________________
PETE KAMP
MAYOR PRO TEM
CITY OF DENTON, TEXAS
_______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS