July 15, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
July 15, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, July 15, 2008 at 3:00 p.m.in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno,
Mulroy, Thomson, and Watts.
ABSENT: None
1.Staff responded to requests for clarification of agenda items listed on the agenda for
July 15, 2008.
2.The Council received a report, held a discussion and gave staff direction on amendments
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to Subchapters 14 and 23 of the Denton Development Code. The amendmentsre regarding
the following items: parking requirements for duplexes; revisions to the definitions of a structure
and accessory structures; and provide definitions for flatwork and principal structure. The
Planning and Zoning Commission recommended approval (6-0).
Mark Cunningham, Director of Planning and Development, stated that staff had proposed several
amendments to the Denton Development Code. The amendments included the following:
1. Parking requirements for duplexes –
According to the Development Code, there were no restrictions on the number of bedrooms
allowed in a duplex. Also, since a duplex was considered a single family structure, developers
were required to provide only two off street parking spaces. The development of duplexes with
four or more bedrooms would create parking and traffic problems. Staff recommended that one
additional parking space be required for each additional bedroom over three bedrooms.
2. Definition of a structure –
The City’s Code Enforcement Department had received numerous complaints regarding the use
of shipping containers and other portable storage units such as PODs. These containers were not
currently regulated by the Code. Staff recommended a revision to the Code to regulate the
location, require screening, and place a time limit on these containers. Staff was proposing a
revision to the definition of “structure” to include shipping containers and PODs. These
containers would be regulated similar to an accessory structure and subject to the requirements of
the DDC. In addition, a temporary use permit would be required prior to placement to
administer a time limit.
3. Definition of accessory structures –
Currently the Development Code listed perimeter fences and/or walls and swimming pools as
examples of accessory structures. What this meant was that any proposed perimeter fences
and/or walls could not be put up without a primary structure being on the property. Staff
recommended that perimeter fences and/or walls and swimming pools should not be listed in the
definition of accessory structures.
Consensus of the Council was to proceed with approval of an ordinance.
City of Denton City Council Minutes
July 15, 2008
Page 2
3.The Council received a report, held a discussion and gave staff direction regarding
nominations/appointments to the City’s boards and commissions.
Betty Williams, Director of Administrative Services, briefed the Council on the board and
commission nomination and appointment process and reviewed the timeline with them.
Consensus of the Council was to proceed with the process.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 3:31 p.m. to consider the 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;
and Deliberations regarding Real Property – Under Texas Government Code
Section 551.072.
1. Discussed, deliberated, considered, received information from Staff and
provided Staff with direction pertaining to valuation of affected land tracts
(U.S. Highway 380 Utility Relocations – Bonnie Brae to Elm Street).
Consultation with the City’s attorneys regarding legal issues associated
with the acquisition of the easement tracts necessary along U.S. Highway
380 (West University Drive), where a public discussion of these legal
matters would conflict with the duty of the City’s attorneys to the Public
Utilities Board under the Texas Rules of Disciplinary Conduct of the State
Bar of Texas, or would jeopardize the City’s legal position in any
administrative proceedings or potential litigation.
2. Deliberated the purchase and value of real property interests for Public
Parks and Recreation purposes in the B.B.B. & C. Railroad Company
Survey, Abstract Number 160, and being an approximate 196.467 acre
portion of Tract II located at the North West Corner of the intersection of
Allred Road and Bonnie Brae Street, Denton, Texas; which acquisition is
for a public purpose. Received legal advice from the City Attorney or his
staff concerning legal issues regarding the acquisition and/or
condemnation of such real property interests.
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters –
Under Texas Government Code Section 551.086.
1. Received a briefing and information pertaining to certain competitive
electric matters including, without limitation: present and future
maintenance issues, financial issues, operational issues, reliability issues,
and any related issues concerning the City’s interest in, and its business
relationship with the Texas Municipal Power Agency; and discussed,
deliberated, considered, and provided Staff as well as the Denton City
Council with direction regarding such matters.
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July 15, 2008
Page 3
C. Consultation with Attorney – Under Texas Government Code Section 551.071.
1. Considered and held a discussion related to a briefing from City’s
Attorneys, relating to claims, potential claims, and settlement thereof for
matters pertaining to JNC Partners Denton, LLC v. City of Denton,
including legal advice related to future annexation, zoning, subdivision
controls, plat applications, annexation plans, development agreements,
annexation agreements, service plans, utility service, water rights,
permitting and other legal issues related to the future development of land,
as proposed by JNC Partners Denton, LLC.
2. Consultation with the City’s attorneys to provide an update regarding legal
issues and remedies associated with the biodiesel program, and litigation
styled City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-
cv-00173, currently pending in the U.S. District Court, Eastern District,
Sherman Division.
3. Consultation with the City’s attorney regarding legal issues pertaining to
the existing agreement between the City of Denton and Charter
Communications regarding the Denton Television Network (DTV). 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.
4. Consultation with the City’s attorneys regarding legal issues pertaining to
the Meet & Confer Agreement with the Fire Department. 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, July 15, 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
Charles Emery, Denton County Transportation Authority, presented a proclamation of
appreciation to Mark Burroughs.
B.July Yard of the Month Awards
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July 15, 2008
Page 4
Mayor Burroughs presented Yard-of-the-Month Awards to:
Jeff Jeffus, 707 Cordell
Pam and Randy Bleigh, 2119 Jacqueline Drive
Jan Clountz, 212 Meadow Lane
Greenhouse Restaurant, 600 N. Locust
Dennis and Cathy Loccisano, 1018 Hopkins Drive
Robbie & Lisa McCarty, 1901 Burning Tree Lane
Ben & Catherine Whitlock, 1022 Wilson Street
3. CONSENT AGENDA
Mayor Burroughs reviewed the items to be considered on the Consent Agenda.
Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Kamp “aye”, Heggins “aye”, Moreno “aye”, Mulroy
“aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
A.2008-141 – An ordinance directing the publication of Notice of Intention to issue
Certificates of Obligation of the City of Denton totaling $10,685,000; and
providing for an effective date.
B.A request for an exception to the Noise Ordinance for amplified sound on Sunday,
July 27, 2008, for the Texas Bicycle Racing Association’s event hosted by the
Greater Denton Sports Commission. The event will be held from 8:00 a.m. until
7:00 p.m. and will cover several of the downtown streets. Public address system
will be used to make announcements and conduct the races. The request is for an
exception to the Noise Ordinance for amplified sound on Sunday.
C.2008-142 – An ordinance authorizing the City Manager or his designee to execute
a Real Estate Contract between the City of Denton and Larry & Maureen Meyer,
and any other documents necessary to acquire approximately 1.944 acres situated
in the E. Morris Survey, Abstract No. 160, said Tract being Lot 1, Block A, of the
Tejas Testing Addition Final Plat, Filed June 29, 1994, in Cabinet K, Page 255 of
the Real Property Records of Denton County, Texas; authorizing the expenditure
of funds; and providing an effective date.
D.2008-143 – An ordinance electing for the City of Denton, Texas, to make current
service and prior service contributions to the City’s account in the municipal
accumulation fund of the Texas Municipal Retirement System at the actuarially
determined rate of total employee compensation; and providing an effective date.
E.2008-144 – 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. ($950)
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July 15, 2008
Page 5
F.2008-145 – An ordinance to the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement between the City of Denton
and Weaver and Tidwell, L.L.P. for independent audits; authorizing the
expenditure of funds; and providing an effective date (RFSP 4033–Audit Services
awarded to Weaver and Tidwell, L.L.P. in the not to exceed amount of $141,000
for 2008, $145,500 for 2009 and $151,500 for 2010). The Audit/Finance
Committee recommended approval (3-0).
G.2008-146 – An ordinance accepting competitive bids and awarding a public
works contract for the construction of the concrete pavement for the compost
screening area and the large truck access and turnaround facility for the City of
Denton Water/Waste Water Department; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3516–awarded to the lowest
responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the
amount of $253,741). The Public Utilities Board recommended approval (4-0).
H.2008-147 – An ordinance accepting sealed proposals and awarding a contract for
the purchase of an Automatic Meter Reading Infrastructure System for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (RFSP 4000–Automatic Meter Reading Infrastructure System
awarded to Trilliant Inc. in a five year amount not to exceed $1,598,284). The
Public Utilities Board recommended approval (6-0).
I.2008-148 – An ordinance accepting sealed proposals and awarding a contract for
the purchase of an Interactive Voice Response System for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (RFSP 4008–Interactive Voice Response System for Denton
Municipal Electric awarded to Milsoft Utility Solutions in the amount of
$241,163.30). The Public Utilities Board recommended approval (6-0).
J.2008-149 – An ordinance of the City Council repealing Ordinance No. 2008-128;
awarding a three year contract for the purchase of temporary employment services
for various City of Denton departments for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4058–Three
Year Contract for Temporary Employment Services awarded to Labor Finders in
the annual estimated amount of $200,000 for an estimated three year total of
$600,000).
K.Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1. GE Capital Solutions DCAD Supplemental 2002 $ 1,932.80
Change
2. Sally Beauty Supply Company DCAD Supplemental 2006 $21,671.15
Change
City of Denton City Council Minutes
July 15, 2008
Page 6
L.2008-150 – An ordinance amending Chapter 26 entitled “Utilities” of the Code of
Ordinances of the City of Denton, Texas, by the addition of Article X Entitled
“Municipal Setting Designations”, regarding the local rules adopted by the City of
Denton for Municipal Setting Designations; providing findings and definitions,
providing for the prohibition of the use of designated groundwater in a municipal
setting designation, providing for an application process for a municipal setting
designation, providing for public meetings and hearings, providing for notice to
persons within the affected community, providing for limitations on reapplication,
providing for proof that response actions have been completed on a site, providing
for a penalty not to exceed $2,000 for violations thereof; providing that a penalty
shall be recoverable for each day a provision of this ordinance is violated, and
each such violation shall be a separate offense; providing for a civil fine of not to
exceed $1,000 per day for violations of this ordinance, together with other
designated legal and equitable remedies that are available to the city; providing
for a severability clause; providing for a savings clause, repealing all ordinances
in conflict herewith; providing an open meetings clause; providing for city
council approval thereof; providing for publication thereof; providing an effective
date. The Public Utilities Board recommended approval (4-0).
M.Approved the minutes of:
June 2, 2008
June 3, 2008
June 10, 2008
June 17, 2008
N.2008-151 – An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the Electric Fund
with Utility System Revenue Bonds with an aggregate maximum principal
amount equal to $5,000,000 so that Denton Municipal Electric can continue
funding ongoing capital expenditures for expansion of the distribution and
transmission electric facilities; and providing an effective date.
O.2008-152 – An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund
with Certificates of Obligation with an aggregate maximum principal amount
equal to $510,000 so that the Parks and Recreation Department can acquire land
for a new regional park; and providing an effective date.
P.2008-153 – An ordinance approving a Purchase and Sale Agreement between
Petrus Investments, L.P. as Seller and the City of Denton, Texas as Purchaser for
approximately 196.467 acres of land situated in the B.B.B. & C. Railroad
Company Survey, Abstract No. 160, in the City of Denton, Denton County,
Texas; authorizing the expenditure of funds; and providing an effective date.
Q.2008-154 – An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund
with Certificates of Obligation with an aggregate maximum principal amount
equal to $550,000 so that the Library Department can begin the South Branch
Library Expansion; and providing an effective date.
City of Denton City Council Minutes
July 15, 2008
Page 7
R.2008-155 – An ordinance accepting competitive bids and awarding a public
works contract for the renovation of the City of Denton South Branch Library;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4060–awarded to the lowest responsible bidder meeting specification, J.C.
Commercial, Inc. in the amount of $1,792,777).
4.PUBLIC HEARINGS
A. The Council continued a public hearing and considered adoption of an ordinance
of the City of Denton, Texas updating Impact Fees by Amending Chapter 26, “Utilities,” Section
26-210 through Section 26-232 of the City of Denton Code of Ordinances; adopting revised
Land Use Assumptions and Capital Improvements Plans for Water and Wastewater Impact Fees;
establishing new service areas for water impact fees; establishing new maximum impact fees per
service unit and impact fees to be collected; creating schedules for the assessment and collection
of impact fees; repealing section 26-222 (d); amending section 26-226 regarding appeals;
repealing conflicting ordinances and resolutions; providing for a severability clause; providing
for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date.
Jim Coulter, General Manager of Water and Wastewater, stated that the City was required to do
an update every five years on the impact fees. This was the second update. These fees were
established in 1998. The Capital Improvements Advisory Committee approved the Land Use
Assumptions and the 10-Year Capital Improvement Plan. It was Management’s intention to
further evaluate the large water meter sizes for equitable charges.
The Public Utilities Board recommended that the wastewater impact fee in Zone 1 be lowered
from $1,703 to $1,700. The PUB recommended that the wastewater impact fee in Zone 2 be
lowered from $2,614 to $1,760. The current water impact fee was $3,155. The PUB
recommended the use of two water impact fee zones: Zone 1 – $3,400 and Zone 2 – $4,000.
The increase in the water impact fees in Zone 1 would help with Capital Improvement costs.
The increase in fees in the Zone 2 area would help with starting to address some of the water
issues that were in the southwestern part of the City. A lot of development was getting ready to
begin but currently there was no infrastructure to provide water service.
The Mayor reopened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
2008-156
AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES
BY AMENDING CHAPTER 26, “UTILITIES,” SECTION 26-210 THROUGH
SECTION 26-232 OF THE CITY OF DENTON CODE OF ORDINANCES;
ADOPTING REVISED LAND USE ASSUMPTIONS AND CAPITAL
City of Denton City Council Minutes
July 15, 2008
Page 8
IMPROVEMENTS PLANS FOR WATER AND WASTEWATER IMPACT FEES;
ESTABLISHING NEW SERVICE AREAS FOR WATER IMPACT FEES;
ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT AND
IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE
ASSESSMENT AND COLLECTION OF IMPACT FEES; REPEALING SECTION 26-
222 (D); AMENDING SECTION 26-226 REGARDING APPEALS; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000 FOR EACH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
Watts motioned, Heggins seconded to approve the ordinance. On roll vote, Kamp “aye”,
Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas regarding the rezoning of two tracts of land totaling approximately 38.445
acres of land from a Regional Center Residential 1 (RCR-1) zoning district to a Regional Center
Commercial Downtown (RCC-D) zoning district. The property is located along the west side of
I-35E, approximately 1,500 feet north of the intersection of Wind River Lane and Unicorn Lake
Road and is legally described as a tract of land situated in the J. White Survey, Abstract Number
143 and the D. Lambert Survey, Abstract Number 784, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an
effective date. (Elk Springs, Z08-0006) The Planning and Zoning Commission recommended
approval of the zoning change request (5-1) subject to an overlay district.
Mark Cunningham, Planning and Development Director, stated that the applicant was requesting
the rezoning to allow the property to be developed with a mix of land uses along the I-35
frontage. The uses would include a mix of commercial uses including office, retail and
restaurant land use categories.
The Planning and Zoning Commission recommended approval of the rezoning request subject to
an overlay district with the following conditions -
1. 50-foot buffer of landscaping was required including the water features (existing pond),
abutting the residential developments to the west (Southridge Estates) and to the south
(Wind River Estates) with the right to install a walking trail and other complementary
hardscape around the existing pond (including the area within the 50-foot buffer) in
connection with a pedestrian easement;
2. No building within 100-feet of the residential developments to the west and to the south
of the subject property should exceed a maximum building height of 40 feet;
3. The owner of the subject property would not remove the existing pond along the western
boundary of the subject property abutting Southridge Estates;
4. The owner of the subject property (or its designee) would erect, at its expense, an 8 foot
wrought iron fence with finials for the benefit of the homes to the west of the subject
property which are directly across from and adjacent to the aforementioned pond.
Cunningham stated that staff recommended denial based on the following:
City of Denton City Council Minutes
July 15, 2008
Page 9
1. There was no demonstrated need for the requested rezoning from RCC-D. The request
was based on speculation.
2. Staff was concerned with the incompatibility with the existing adjoining residential
development with regards to permitted uses and the scale of buildings.
3. Staff was concerned with unsustainable balance of uses should the rezoning take place.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Jeremy Sain, 1102 Meadow Oaks, representing the applicant – support
Steve McNeill, 2303 Bradwood Court, Arlington – support
Larry Reichhart, 1608 E. Windsor – support
Comment cards were received from the following individuals:
Pam Grimes, 1829 Northlake Trail – support
Virginia McNeill, 432 Fulton – support
The Mayor closed the public hearing.
Burroughs briefed the Council on how the current zoning was placed on the property.
The following ordinance was considered:
2008-157
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A
ZONING CHANGE OF TWO TRACTS OF LAND FROM A REGIONAL CENTER
RESIDENTIAL 1 (RCR-1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, SUBJECT TO
AN OVERLAY DISTRICT; ENCOMPASSING 38.445 ACRES OF LAND LOCATED
ALONG THE WEST SIDE OF I-35E, APPROXIMATELY 1,500 FEET NORTH OF
THE INTERSECTION OF WIND RIVER LANE AND UNICORN LAKE ROAD, AND
LEGALLY DESCRIBED AS ABSTRACT NUMBER 143 OF THE J. WHITE
SURVEY AND ABSTRACT NUMBER 784 OF THE D. LAMBERT SURVEY, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0006) THE
PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF THE
ZONING CHANGE REQUEST (5-1) SUBJECT TO AN OVERLAY DISTRICT.
Mulroy motioned, Watts seconded to approve the ordinance and incorporate the overlay district
along with the conditions recommended by P&Z. On roll vote, Kamp “aye”, Heggins “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
July 15, 2008
Page 10
C. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, regarding amendments to Subchapters 14 and 23 of the Denton
Development Code. The amendmentsare regarding the following items: parking requirements
for duplexes; revisions to the definitions of a structure and accessory structures; and provide
definitions for flatwork and principal structures; providing for a penalty in the maximum amount
of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning
Commission recommended approval (6-0). (DCA08-0003, Development Code Amendments)
Mark Cunningham, Director of Planning and Development, stated that staff had proposed several
amendments to the Denton Development Code. The amendments included the following:
parking requirements for duplexes, definition of a structure, and definition of accessory
structures.
The Mayor opened the public hearing.
Bob Clifton, 730 Wainwright, spoke regarding accessory structures and asked staff to look at
how artwork would be handled.
The Mayor closed the public hearing.
The following ordinance was considered:
2008-158
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SUBCHAPTERS 14 AND 23 OF THE DENTON DEVELOPMENT CODE,
REGARDING PARKING REQUIREMENTS FOR DUPLEXES; REVISIONS TO THE
DEFINITIONS OF A STRUCTURE AND ACCESSORY STRUCTURES;
PROVIDING DEFINITIONS FOR FLATWORK AND PRINCIPAL STRUCTURES;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (DCA08-0003) THE PLANNING AND
ZONING COMMISSION RECOMMENDS APPROVAL (6-0).
Kamp motioned, Heggins seconded to approve the ordinance. On roll vote, Kamp “aye”,
Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Tabled
A. – Consideration of adoption of an ordinance of the City of Denton, Texas, for a
zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood
Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use
Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration
Master Planned Community (MPC) zoning district classification and use designation; the area
for zoning change encompasses 3,331 acres of land located on both sides of I-35W between
Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in
the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J.
City of Denton City Council Minutes
July 15, 2008
Page 11
Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C.
Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021
and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County,
Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. (MPC07-0001, Inspiration) The Planning and Zoning
Commission recommended approval (7-0).
The Mayor stated that this item was tabled to allow for commentary or negotiation as to several
points with the developer and residents and to seek a response back to the Council.
Thomson motioned, Kamp seconded to remove the item from the table. On roll vote, Kamp
“aye”, Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Heggins motioned, Kamp seconded to allow limited discussion of ten minutes per side to address
the issues. On roll vote, Kamp “aye”, Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Brian Lockley, Assistant Director of Planning and Development, stated that at the June 17
Council meeting, the Council directed the applicant to work with Robson Ranch and the
developer to develop plans for a buffer between the proposed Inspiration MPC and the existing
Robson Ranch community that was amenable to both parties. Representatives of the Inspiration
MPC and Robson Ranch had met and agreed to the following conditions related to a proposed
buffer between the two developments. Staff was not present during these negotiations but the
information was provided to staff.
The following should apply to the area along the common property line between the Inspiration
MPC and Robson Ranch adjacent to the common open space identified as Lot 22X, Block F,
Robson Ranch II, Phase I and Lot 16X. Also, included was the construction of an 8 foot high
board on board wood fence using steel posts with masonry columns 32 foot on center to be
maintained by the Inspiration HOA. The fence was not required to be constructed in the
environmentally sensitive areas. The creation of a minimum 28 foot wide open space buffer to
be maintained by the Inspiration HOA. Single family lots adjacent to the new 28 foot wide
buffer should be a minimum of 62 foot wide and 100 foot deep. At least 25 percent of the single
family houses constructed adjacent to the new 28 foot wide buffer should be single story. And
the remaining75 percent of the houses might be either single story or two stories.
Council Member Watts stated that he wanted clarification where part of the MPC document
required that certain findings were found in order for the Planning and Zoning Commission or
City Council to approve the MPC ordinance. Finding E stated that one of the findings that
Council had to find was that the development was fiscally sound, as demonstrated in the Cost
Impact Analysis, and was consistent with adopted policies, infrastructure plans and applicable
Capital Improvement Programs (CIP) and that the Development Plan sets forth the phasing and
the plan for paying for the infrastructure and responsibilities for payment.
City of Denton City Council Minutes
July 15, 2008
Page 12
Watts stated that the finding that was indicated stated that the applicant submitted a Fiscal
Impact Analysis to demonstrate the project was fiscally sound. The Fiscal Impact Analysis was
reviewed by the City of Denton Director of Finance. However, there seemed to be no finding for
the second part of the finding relating to the Development Plan information. Watts asked if that
information was available.
Lockley stated that the information was not available.Typically with rezoning, the infrastructure
information came at platting. Staff did review the water, wastewater and the City’s ability to
serve a property for development at platting; they could not approve a plat without adequate
infrastructure to serve the property.
Gary Lane, 7835 E. Redfield Rd, Suite 100, Scottsdale, AZ, representing Aperion Communities,
stated that he had met with Mr. Soriano, project manager of Robson Communities, to discuss the
buffering between the existing and future land uses within Robson Ranch and the proposed land
uses in the Inspiration MPC. They had not come up with a solution for the area to the north or
the area to the south mainly because Mr. Soriano did not know what he was going to do with
those areas.
The Mayor asked Mr. Lane to answer the questions from Council Member Mulroy related to the
financial information.
Lane stated that they had presented a fiscal analysis and it had been approved by staff. They had
included the infrastructure plans and they were based around the CIP. They had not identified
responsibilities for payment.
Watts restated that the finding necessary for approval had not been completed. The
Development Plan sets forth the phasing and the plan for paying for the infrastructure and
responsibilities for payment.
Lane stated they would do whatever the Council required them to do to obtain approval.
City Manager Campbell stated that staff would identify and define what the Code required in
answer to Council Member Watt’s questions and provide the information to the applicant and to
the Council within the next 24 hours.
Fred Bolder, Hillwood Residential – spoke in support of the project.
Watts motioned, Kamp seconded to return the item to the table until August 5. On roll vote,
Kamp “aye”, Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “nay”, Watts “aye”, and
Mayor Burroughs “aye”.Motion carried (6-1).
B. The Council considered appointing a nominating committee to recommend appointees to
serve on the Economic Development Partnership Board.
Linda Ratliff, Director of Economic Development, stated that there were four EDP Board
members’ places up for reappointment or replacement. The ordinance required that the City
Council appoint three persons to serve as a nominating committee, to include two City Council
City of Denton City Council Minutes
July 15, 2008
Page 13
members and one person who was a Chamber of Commerce member. The nominating committee
would solicit recommendations from the Chamber Board of Directors as to potential nominees
from the Chamber and from the President of UNT and then make its final recommendation to the
City Council for appointment to the EDP Board.
Moreno recommended Jack Thomson, Pete Kamp and Stan Morton to serve as the nominating
committee, Watts seconded. On roll vote, Kamp “aye”, Heggins “aye”, Moreno “aye”, Mulroy
“aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
C. The Council considered adoption of an ordinance repealing Ordinance No. 2006-175 and
amending Section 2-29 of the City Code relating to rules of procedure for the City Council of the
City of Denton, Texas; relating to the position of Deputy Mayor Pro Tem.
The Mayor stated that he had asked for this item to be placed on the agenda. He stated that
currently the agenda committee had three Council Members on it and he felt three members of
the Council was too close to a majority as they considered all elements of an agenda every time.
The following ordinance was considered:
2008-159
AN ORDINANCE REPEALING ORDINANCE NO. 2006-175 AND AMENDING
SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DELETING THE
POSITION OF DEPUTY MAYOR PRO TEM; DELETING THE DEPUTY MAYOR
PRO TEM AS A MEMBER OF THE AGENDA COMMITTEE; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Thomson motioned, Heggins seconded to adopt the ordinance (Option B). On roll vote, Kamp
“aye”, Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
D. The Council considered nominations/appointments to the TMPA Board of Directors.
This item was not considered at this time.
Tabled
E. - Election of Mayor Pro Tempore.
Mulroy motioned, Watts seconded to take Item 5E off the table. On roll vote, Kamp “aye”,
Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Thomson motioned, Watts seconded to elect Pete Kamp as Mayor Pro Tem. On roll vote, Kamp
“aye”, Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Tabled
F. - Election of Deputy Mayor Pro Tempore.
City of Denton City Council Minutes
July 15, 2008
Page 14
This item was not considered at this time.
G. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Nell Yeldell regarding Direct TV and other companies and no protection
against them.
Ms. Yeldell was not at the meeting.
B. Richard Carr regarding 2503 Shady Shores.
Mr. Carr was not at the meeting.
C. Bob Clifton regarding Legal Department Issues.
Bob Clifton, 730 Wainwright, stated that the tax attorney contract needed to go out for bid. The
City needed to get rid of the Legal Department. Currently there were eight lawsuits before the
City and only two of the lawyers hired to work on these lawsuits were Denton County lawyers.
D. Robert Donnelly regarding open government and the development code.
Robert Donnelly, 3900 Quail Creek Road, stated that he had made a request to the Planning
Department about the zoning at the landfill – did the zoning at the landfill cover the City selling
mulch or was it covered by a Specific Use Permit. He had not received an answer. He stated
that he also had some concerns about a development near his property and how the City was
handling the process. The development had received a building permit on May 29. To this date,
they did not have any offsite drainage plans. He was concerned because he had been through
this before with a prior development.
H. New Business and Announcements
1. Mayor Burroughs would like a work session to discuss under what circumstances
boards/commissions roles had diminished over the years. Particularly with Traffic Safety, what
prohibited items from coming before the Traffic Safety Commission.
2. Mayor Burroughs also requested feedback on the issues from the citizen reports,
regarding retail sales at the landfill, and post drainage and landscape plans.
3. Council Member Thomson requested a work session regarding supporting
legislation to give local municipalities more control over dangerous dogs.
4. Council Member Watts requested a work session to review growth management
strategies for platting, and general development plans for infrastructure.
City of Denton City Council Minutes
July 15, 2008
Page 15
5. Council Member Mulroy reminded the City Manager of the extended discussion
that staff had with the Traffic Safety Commission and that staff was to bring those comments
back to the Council regarding the responsibilities of the Commission.
I. City Manager’s Report
City Manager Campbell did not have a report for Council.
J. 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.
K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Watts motioned, Kamp seconded that the City Attorney be authorized to initiate litigation against
Marcus Cable Associates LLC dba Charter Communications and seek the assistance of outside
counsel.
The following ordinance was considered:
NO. 2008-160
AN ORDINANCE AUTHORIZING THE CITY’S ATTORNEYS TO INITIATE LITIGATION
AGAINST MARCUS CABLE ASSOCIATES, L.L.C. DBA CHARTER COMMUNICATIONS
AND IT’S AFFILIATES, SUCCESSORS AND ASSIGNS; AUTHORIZING THE CITY
ATTORNEY TO SEEK THE ASSISTANCE OF OUTSIDE COUNSEL; AND PROVIDING
AN EFFECTIVE DATE.
On roll vote, Kamp “aye”, Heggins “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts
“aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 9:30 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY SECRETARY