November 4, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
November 4, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, November 4, 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
November 4, 2008.
Mayor Burroughs noted that Consent Agenda Item I was not awarded to the low bidder and that
there was no delivery schedule.
Chuck Sears, Engineering Division Manager, stated that the bid was awarded to the bidder which
met specifications. The low bidder had no prior track record, the insulators were not the same
and some items on the bid list had been omitted. It was determined that this was not a
responsible bidder. They also had a longer delivery schedule.
2. Council received a report, held a discussion and gave staff direction regarding the
creation of a tax increment financing (TIF) district for Denton downtown redevelopment.
Mayor Burroughs asked about the presentation of the TIF to Commissioners Court.
City Manager Campbell stated that the presentation to Commissioners Court had to be made
prior to the City’s public hearing. Unfortunately, the item did not get included on their agenda
and because it was not posted, staff could not make the presentation to the Court. His
recommendation would be to discuss the item, cancel the public hearing on the TIF and
reschedule it after it was properly advertised and presented to the Court.
Bryan Langley, Director of Finance, stated that he had modified the original financial projections
based on the revision of the boundaries of the proposed TIF. He now projected that the General
Fund ad valorem tax revenues would be reduced by an average of $122,325 from FY 2010 to FY
2013 if the proposed TIF were approved. In addition, he projected that ad valorem tax revenues
would be reduced by an average of $351,351 from FY 2014 to FY 2018 and $618,449 from FY
2019 to FY 2023. Both projections showed that the fund balance would decline as percentage of
expenditures during the next five years. As noted earlier, a plan would be needed to address the
target level whether the TIF was approved or not.
Council Member Mulroy stated that at the last meeting one of the final questions was a relook at
the ad valorem tax base or reduce the tax base. He questioned if other models were examined.
Langley stated that they had looked at the same model with the tax base. They also looked at
possible ways to get to the 12-15% rate such as increasing taxes, lowering expenses in the
General Fund, raising franchise fees, or adjusting various fees. If the TIF were approved the five
year forecast would have to be amended.
Council Member Mulroy questioned the City’s recent experience with bond ratings.
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November 4, 2008
Page 2
Langley stated that the City had an upgrade in bond rating.
Council Member Mulroy stated that part of the rating agency’s rationale for the upgrade centered
around the reserve fund balance being 15% or greater.
City Manager Campbell stated that the rating agencies were aware of the declining fund balance
over the next five years.They knew it would be going down.
Langley stated that the potential tax rate increase for just the TIF would be 0.2 cents beginning in
FY 2009-10. If there were no growth in the TIF district, there would be no loss of revenue. If
the TIF was successful in generating economic development in the downtown area, the exact
impact would be unknown. That information was not included due to the uncertainty of the
magnitude of the effects that would be achieved.
Council Member Mulroy asked for the differential in the tax rate in order to achieve the 15%
reserve fund balance.
Langley stated that the tax rate would have to be 7.2 cents. However, in 2013 expenditures and
income would be about the same so the rate would have to be reduced the next year so as to not
overcompensate.
Council Member Mulroy stated that the total potential tax rate would be 9 cents with the 2.5
cents already figured in for FY 2011.
Linda Ratliff, Director of Economic Development, reviewed the boundaries of the downtown
business districts including the proposed TIF. If approved, the TIF would not have any funds
until 2009. The amount of funds at that time would only be about $13,000. However, approval
of the TIF would mean that a plan with design standards was in place with a funding mechanism
ready to go when needed. The revised TIF boundary was shown with some residential area
removed and the public property eliminated from the equation. When the public property was
eliminated from the calculation, the percentage of residential properties exceeded 10% so a large
area of residential property previously included in the southwest area of the zone was eliminated.
The revised residential calculation, excluding pubic property and considering multi-family
properties with less than 5 living units was now 7.4%.
Criteria for the Downtown TIF showed that the area impaired or arrested the sound growth of the
municipality due to a substantial number of deteriorated or deteriorating structures, the
deterioration of site or other improvements, a predominance of defective or inadequate sidewalks
or street layout and/or conditions that endangered life or property by fire or other causes, such as
flooding, and other factors. Examples of structures eligible in the TIF were shown.
Council Member Watts asked if the floodplain issue was still in the acreage.
Ratliff indicated that the floodplain now only went through a tiny portion of the proposed
district.
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November 4, 2008
Page 3
Council Member Watts expressed concern whether the TIF was the right tool due to a timing
perspective. Expediency and the ability to move quickly were paramount. The projects were far
out due to a timing perspective for receiving funds unless the City loaned the TIF the money.
Ratliff stated that the City could sell bonds and then be reimbursed with TIF funds when they
became available.
Council Member Watts stated that would assume that the TIF would generate enough revenue to
pay back the general fund dollars.
Ratliff stated that another option was to have the developer pay for the project and then be
reimbursed through TIF funds.
Council Member Thomson stated that one advantage of the TIF was having the County also
participate.
Mayor Burroughs felt that creating a TIF created a tool for a developer to use to help with a
project and be reimbursed for the project.
Council discussed the limits of financing for the TIF and the setting of the funding cap.
Council Member Watts asked about the number of members on the board of directors.
Ratliff stated that according to the legislation, there could be as few as five and as many as
fifteen.
Council Member Watts stated that there could be 7 members, one selected by each council
member. He felt term limits also needed to be addressed.
Ratliff stated that the terms would be two year terms. One charge for the board would be to
complete bylaws.
Council Member Mulroy asked if the language of the ordinance supported the transit project.
City Attorney Burgess stated that when the final proposals were done, more specific language
could be included.
Council discussed the projects for the TIF, language for funding TIF projects, and apportionment
of funding in the TIF area versus out of the TIF area.
Council Member Mulroy felt that the short term did not immediately address some of the issues
needed. A total financial picture was lacking and he did not understand the full picture at this
point in time.
Council Member Moreno stated that the fund balance would decline with or without the TIF and
decisions would have to be made in upcoming years. He felt that the downtown area defined the
character of the community and any tool available should be used to keep it viable.
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November 4, 2008
Page 4
Mayor Pro Tem Kamp stated that this proposal was not rushed into. The Economic
Development Partnership Board, Chamber of Commerce and downtown business owners had
been involved in the proposal. No one was against this proposal as it would benefit this area.
The TIF was a flexible tool and the right tool to use to restructure downtown. She was in support
of the proposal.
Council Member Heggins stated that she had seen a TIF work in other cities and would like to
see the downtown area redeveloped in any means. Growth would be coming in this direction.
Mayor Burroughs stated that the paperwork needed to be exact; a long term investigation on how
to spur growth and investment in downtown area was needed. The infrastructure limitations,
demographics of Denton, and age of structures were challenges with few tools to directly help
with that. The TIF was the tool they needed to work with but the paperwork needed to be right.
Council Member Thomson stated that other communities such as Plano felt that a TIF had really
helped with the development of infrastructure. He was concerned for the immediate because of
the need to invest soon in the downtown.
Council Member Mulroy still felt that they were rushing and needed to think of unintended
consequences. There was a need for an immediate short term injection of funding. With the 2.5
cents already in the tax increase for the next years, adding the TIF would raise the tax rate to 9.5
cents.
Council Member Watts stated that he saw things happening in downtown but that the biggest
challenge was a plan that was based on what would like to be seen in the downtown and not on
hard core projects. He felt it was hard to commit to that type of plan as it was more fluid than he
would like when spending other people’s money. He had a concern that what was going to be
expected with the TIF would not provide what was wanted, so additional funding would have to
be found. Committing other General Fund money to the TIF meant the General Fund would
have to bear that tax burden. He was not opposed to this type of tool to assist the downtown but
needed to make sure everything was in order.
City Manager Campbell stated that outside incentives took shoppers, etc. from the downtown
and failure to make the downtown a destination contributed to the decline of the downtown.
Council Member Mulroy felt it might be helpful to have broad brush scenarios with bullet points
of the current status and if a commitment was made to downtown, how to carve out a chunk for
the downtown. What were available companion tools that could be used to work with the TIF?
Mayor Burroughs stated that he was also uncomfortable with the indefinite nature of the
proposal. However, it was hard to give it a measure of certainty and still maintain flexibility.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:53 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
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November 4, 2008
Page 5
1.Closed Meeting:
A. Consultation with Attorneys – Under Texas Government Code Section 551.071.
1.Considered and discussed status, including potential settlement of
litigation styled City of Denton v. Biodiesel Industries, Inc. et. al., Cause
No. 4:08-cv-00173, currently pending in the US District Court, Eastern
District, Sherman Division.
2.Considered and discussed status, including potential settlement, of
litigation styled David Johnson v. City of Denton, Cause No. 4:07cv449,
currently pending in the U.S. District Court, Eastern District, Sherman
Division.
The Closed Session was adjourned at 5:25 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, November 4, 2008 at 5:30 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. Salvation Army of Denton Red Kettle Campaign.
2. Texas Nurse Practitioner Week
Mayor Pro Tem Kamp presented an award from the Texas Municipal League to the City for City
Spirit in connection with the City's Going Green pamphlet.
Mayor Burroughs presented proclamations for the Salvation Army of Denton Red Kettle
Campaign and for Texas Nurse Practitioner Week.
3. CONSENT AGENDA
A Speaker Card was submitted by Bob Clifton on Item 3B. Mr. Clifton felt that a dollar amount
was needed for the item indicating who the attorneys were and who paid for what.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions as presented. On roll vote, Heggins “aye”, Kamp “aye”, Moreno
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion
carried unanimously.
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November 4, 2008
Page 6
A. 2008-263 - An ordinance approving and authorizing the City Manager to execute
a further amendment to professional and personal services agreement by and
between the City of Denton, Texas and T. R. Edgar & Associates for consulting
services; providing for the expenditure of funds therefor; and providing an
effective date (previous approvals for the firm total $266,300 since inception of
engagement on August 1, 2006; therefor this further amendment of not-to-exceed
$30,000 would total $296,300 in the aggregate).
B. 2008-264 - An ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a grant agreement for one hundred eighty six thousand, five
hundred and fifty-five dollars from the Texas Department of Housing and
Community Affairs Emergency Shelter Grant Program and take all other actions
necessary to implement the program; and providing for an effective date.
C. 2008-265 - An ordinance of the City of Denton, Texas, amending Ordinance No.
2006-293 prescribing the number of positions in each classification of Police
Officer; prescribing the number of positions in each classification of Fire Fighter;
providing a savings clause; providing a severability clause; and declaring an
effective date.
D. Approved a request for an exception to the Noise Ordinance for the purpose of
playing amplified music and operating a public address system during Holiday
Lighting on the Square. The event is sponsored by Denton Holiday Festival
Association, Inc. and will be held on the Downtown Square. This request is for an
increase in sound to 75 decibels for amplified sound on Thursday, December 4,
2008, from 5:30 p.m. until 9:30 p.m.
E. 2008-266 - An ordinance of the City of Denton, Texas approving and authorizing
the City Manager to execute a proposed Compromise Settlement Agreement
("Agreement") between the City of Denton, Biodiesel Industries, Inc., and
Biodiesel Industries of Greater Dallas Fort Worth LLC, regarding Civil Action
No. 4:08-CV-173 in the U.S. District Court for the Eastern District of Texas,
Sherman Division; and declaring an effective date.
F. 2008-267 - An ordinance accepting sealed proposals and awarding a contract for
development review services for the City of Denton; providing for the
expenditure of funds therefor and providing an effective date (RFSP 4106–
Engineering Development Review Services awarded to Freese and Nichols, Inc.
in an amount not to exceed $287,518).
G. 2008-268 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of the Thor Guard
Lightning Prediction System from Thor Guard 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 4187–Purchase of
Lightning Prediction System Department in the amount of $70,930).
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November 4, 2008
Page 7
H. 2008-269 - An ordinance accepting competitive bids and awarding a contract for
the purchase of optical ground wire for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (Bid 4168–
Purchase of Optical Ground Wire (OPGW) awarded to the lowest responsible
bidder meeting specification for each line item for a total award amount of
$103,320.10). The Public Utilities Board recommended approval (5-0).
I. 2008-270 - An ordinance accepting competitive bids and awarding a contract for
the purchase of transmission pole polymer insulators for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4172–Purchase of Transmission Pole Polymer Insulators
awarded to the lowest responsible bidder meeting specification, Stuart C. Irby, in
the amount of $162,494). The Public Utilities Board recommended approval (5-
0).
J. 2008-271 - An ordinance accepting competitive bids and awarding a contract for
the purchase of transmission line materials for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4175–Purchase of Transmission Line Materials awarded to the lowest
responsible bidder meeting specification for each line item for a total award
amount of $219,146.99). The Public Utilities Board recommended approval (5-0).
K. 2008-272 - An ordinance accepting competitive bids and awarding a contract for
the purchase of materials for the RD Wells Interchange for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4185–Purchase of RD Wells Materials awarded to the lowest
responsible bidder meeting specification for each line item for a total amount of
$194,214.96. The Public Utilities Board recommended approval (5-0).
L. Approved the minutes of:
October 6, 2008
October 7, 2008
M. 2008-273 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of overhead and underground distribution transformers
for Denton Municipal Electric; providing for the expenditure of funds therefor;
and providing an effective date (Bid 4161–Annual Contract for the Purchase of
Overhead and Underground Distribution Transformers awarded to the lowest
responsible bidder meeting specification for each line item, in the annual
estimated amount of $2,000,000).
N. R2008-037 - A resolution appointing members to the Board of Directors of the
North Texas Higher Education Authority; and declaring an effective date.
O. 2008-274 - An ordinance authorizing and approving a First Extension to the
Master Lease Agreement entered into by and between the City of Denton, Texas
and the Denton County Transportation Authority for a period of one year for
tracts of land located within the City of Denton Landfill; providing for retroactive
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November 4, 2008
Page 8
approval thereof; and providing an effective date. The Public Utilities Board
recommended approval (5-0).
P. 2008-275 - An ordinance approving an Interlocal Cooperation Agreement
between the City of Denton and Denton County for the division of maintenance of
certain roads; and declaring an effective date.
Q. 2008-276 - An ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of a bucket truck with aerial device
as awarded by the State of Texas Building and Procurement Commission
(Contract TXMAS-3-23010); providing for the expenditure of funds therefor; and
providing an effective date (File 4204-Bucket Truck with Aerial Device awarded
to Altec Industries, Inc. in the amount of $131,882).
R. Approved a request for an exception to the Noise Ordinance for the purpose of
Jack Bell Properties to pour a concrete foundation between the hours of 3:00 a.m.
th
and 7:00 a.m., for one undetermined day between November 6 and November
18th. This request is being submitted due to safety concerns surrounding large
equipment in the streets during peak traffic times, and the negative effect it would
have on the flow of day time traffic.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
Tabled
A.– Consider adoption of an ordinance regarding a development agreement
related to the deferment of perimeter road improvements. The approximately 2.6-
acre property is located at the southwest corner of West Collins Street and Locust
Street. The subject site is located within a Downtown Commercial General
Date tabled 8/19/08
(DC-G) zoning district. ()
City Manager Campbell stated that this item needed to be removed from the table before it could
be considered.
Thomson motioned, Watts seconded to remove the item from the table. On roll vote, Heggins
“aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Mark Cunningham, Director of Planning and Development, stated that this agreement pertained
to the deferment of perimeter road improvements. The applicant wanted to construct a 6,900
square foot building in addition to the current building on site. The property had not been platted
and needed to be done before the issuance of a building permit. The applicant had entered into a
developer’s agreement to defer the perimeter road improvements until such a time as the
property was subdivided into two or more lots or the floor area of the proposed office building
was expanded by 1,726 square feet or more. The Development Review Committee
recommended approval.
Council Member Watts questioned that any addition to the original structure would fall totally
outside the agreement.
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November 4, 2008
Page 9
Cunningham replied correct. If there were an expansion of the current structure, there would be
no platting. The agreement only related to the new structure or until the property was
subdivided.
Council Member Watts questioned why an increase to the original structure would not trigger the
infrastructure requirements.
Cunningham stated that an expansion to the existing building would not require platting if it did
not go onto another lot.
Council Member Watts stated that he would like some kind of overall expansion requirement on
the current structure as well.
Mayor Burroughs stated that it was after the Planning and Zoning Commission 3-2 vote that the
agreement came about. This was a compromise to work out the problems.
Cunningham replied correct and added that staff also recommended approval.
Council Member Watts asked if once the property were platted would there be restrictions on the
current structure as well.
Jerry Drake, Deputy City Attorney, stated that this agreement was a compromise on the
expansion of the new facility. There was no objection to the agreement applying to both
properties but the current agreement was written only to the expansion a new facility and the
existing structure would not be impacted.
Council Member Watts felt that he would like to include improvements in all structures.
Larry Reichhart, representing the petitioner, stated that they would have no objection to include
the entire site for total expansion.
The following ordinance was considered:
NO. 2008-277
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN
TOMASA GARCIA AND THE CITY OF DENTON, TEXAS, ON APPROXIMATELY
2.587 ACRES OF LAND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE
GARCIA ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AND PROVIDING AN EFFECTIVE DATE.
Watts motioned, Kamp seconded to adopt the ordinance with an amendment that the 1,726
square feet of expansion be applied to all improvements including the existing structure. On roll
vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor Burroughs “aye”.Motion carried unanimously.
Tabled
B. – The Council considered adoption of an ordinance of the City of Denton,
Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of
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November 4, 2008
Page 10
Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield
Lane; 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. The Traffic
(Date tabled 8/19/08)
Safety Commission recommends approval (9-0).
City Manager Campbell indicated that both Items B and C were ready to remove from the table.
Thomson motioned, Heggins seconded to remove both Item B and C from the table. On roll
vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor Burroughs “aye”.Motion carried unanimously.
Frank Payne, City Engineer, presented information on both Items B and C. He stated that
Council had requested staff to approach the DISD for a discussion on the concept of no parking.
The DISD indicated that it wanted to look at a comprehensive review of no parking at all of their
facilities. The Traffic Safety Commission voted to change its recommendation to a no stopping
and no standing zone, which was the most restrictive zone in the Code, for both the Emerson and
Parvin location. The time frame would be from 7:30 a.m. – 3:30 p.m. on school days. Staff
recommended approval as presented.
A Speaker Card was submitted by Alice Gore for Item C. She spoke in favor of the proposed
ordinance.
Watts motioned to approve Items B and C.
Council Member Thomson asked to vote separately on the items.
The following ordinance was considered:
No. 2008-278
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING THE
STOPPING OR STANDING OF VEHICLES ON SCHOOL DAYS FROM 7:30 A.M.
TO 3:30 P.M. ON THE SOUTH SIDE OF EMERSON LANE FROM ITS
INTERSECTION WITH WOODHAVEN LANE TO ITS INTERSECTION WITH
BROOKFIELD LANE, 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.
Watts motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
Motion carried unanimously.
Tabled
C.– The Council considered adoption of an ordinance of the City of Denton,
Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin
Street from its intersection with Mercedes Road to its intersection with McCormick Street;
providing a repealer clause; providing a savings clause; providing for a penalty not to exceed
City of Denton City Council Minutes
November 4, 2008
Page 11
$500 for violations of this ordinance; and providing for an effective date. The Traffic Safety
(Date tabled 8/19/08)
Commission recommends approval (4-3).
This item was discussed with Item B.
The following ordinance was considered:
NO. 2008-279
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING THE
STOPPING OR STANDING OF VEHICLES ON SCHOOL DAYS FROM 7:30 A.M.
TO 3:30 P.M. ON THE NORTH SIDE OF PARVIN STREET FROM ITS
INTERSECTION WITH MERCEDES ROAD TO ITS INTERSECTION WITH
MCCORMICK STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THE ORDINANCE., AND PROVIDING FOR AN EFFECTIVE
DATE.
Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Heggins
“aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “nay”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried with a 6-1 vote.
Mayor Burroughs left the meeting.
D. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to execute a Professional Services Agreement with Sawko &
Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of
the City of Denton; and establishing an effective date.
Bryan Langley, Director of Finance, stated that the contract for delinquent tax collection services
with the firm of Sawko and Burroughs expired in June 2008. The firm agreed to continue the
contract on a month-to-month basis while the City conducted a formal process to select the
delinquent tax collection law firm. Four firms responded to the request for proposals. Each firm
was ranked by a panel of staff members with the firm of Sawko and Burroughs receiving the
highest scores.
A Speaker Card was submitted by Bob Clifton who spoke against the awarding of the contract to
Sawko & Burroughs.
Council Member Heggins stated that she had listened to all concerns regarding this item and had
not spoken with any other council member or the Mayor regarding this issue. She had spoken
with Mr. Sawko about the contract with questions she needed answered. She did not see a
conflict of interest and would be in favor of the contract.
Council Member Watts stated “As I stated in the Work Session a couple of weeks ago. I have
really wrestled with this decision. I’ve tried to really look at it from all angles, understanding
that Sawko and Burroughs received a 210 on their evaluation and that the other firm received
207.5. And I believe Council Member Moreno had pointed out in essence, that’s virtually a tie.
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November 4, 2008
Page 12
So I know that based upon that I wasn’t going to get a lot of help. And I’ve had some people
talk with me and I did have Mr. Sawko call me and we discussed it a little bit. And quite frankly,
I’ll share with you that I shared with him, I was uncomfortable discussing that with him just
because of my own sense of values. And I’ve only been on this Council about a year and a half,
I don’t travel in a lot of the circles, so to me, this is not anything personal, it’s not anything about
who’s in that chair. For me, it’s about something that’s higher than a legal standard. It’s a
standard that I try to live by myself and so I won’t be able to support this motion, simply on my
own personal values, quite honestly. Has nothing to do with anybody personally or performance.
But to me, there’s a set of values that goes beyond what is actually legal, conflict of interest. It’s
about the integrity of the chair of the office of Mayor as the leader of our city, no matter who’s in
that chair whether it’s me or anybody else on this dais or anybody out here in the audience or
watching by television. So I know this is a very sensitive issue. I have not talked with any of the
other council members because I think it is a decision that we are all going to have to make from
our own heart and I do not hold anything against anyone who shares an idea different from mine.
I respect everybody’s opinion up here and everybody has to vote on what they believe.”
Council Member Moreno stated that he had done an analysis of the issue and had looked at
several factors. This was a known firm and the City had experience with this firm. He didn’t
believe there was a legal or real conflict of interest in this case. There would be no real or
irreparable harm to the City if Sawko & Burroughs continued with the contract.
Council Member Thomson stated that he relied on the City Attorney opinions regarding the
conflict of interest and the value of having the contract in Denton.
Council Member Mulroy stated that the difficulty was not the competence of the firm or keeping
the business in Denton. Awarding a financial contract to a peer group provided poor perception
in the community.
Mayor Pro Tem Kamp agreed that there was no conflict on interest in awarding the contract to
Sawko & Burroughs. The contract was not paid by the citizens of Denton but by the delinquent
taxpayers.
The following ordinance was considered:
NO. 2008-280
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SAWKO & BURROUGHS, LLP, FOR PROFESSIONAL SERVICES RELATED TO
COLLECTION OF DELINQUENT TAXES ON BEHALF OF THE CITY OF
DENTON; AND ESTABLISHING AN EFFECTIVE DATE.
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Moreno “aye”, Mulroy “nay”, Thomson “aye”, and Watts “nay”. Motion carried
with a 4-2 vote.
Mayor Burroughs returned to the meeting.
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November 4, 2008
Page 13
E. The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
Bryan Langley, Director of Finance, stated that the Denton Central Appraisal District was asking
for nominations to the Review Board.
The following resolution was considered:
NO. R2008-038
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Watts motioned, Heggins seconded to re-nominate the three current eligible members. On roll
vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor Burroughs “aye”.Motion carried unanimously.
F. Appointment to the Denton Housing Authority by Mayor Burroughs.
Mayor Burroughs announced the reappointment of Bill Giese to the Denton Housing Authority.
G. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, appointing one member as the City’s representative to the Tarrant Regional
Transportation Coalition (TRTC); and providing for an effective date. The Mobility Committee
recommended approval (3-0).
Mark Nelson, Transportation Director, stated that the Tarrant Regional Transportation Coalition
was a non-profit membership organization that advocated for transportation improvements in the
western half of the North Texas Metroplex. As the I35-West corridor continued to develop, the
City of Denton would become more and more involved with planning and development efforts
along this corridor. Membership in the Coalition would enhance Denton’s role in regional
transportation decisions.
The following resolution was considered:
NO. R2008-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPOINTING ONE MEMBER AS THE CITY’S REPRESENTATIVE TO THE
TARRANT REGIONAL TRANSPORTATION COALITION (TRTC); AND
PROVIDING FOR AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to appoint Chris Watts as the representative to the
Coalition. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
City of Denton City Council Minutes
November 4, 2008
Page 14
H. Citizen Reports
1.Council reviewed the procedures for addressing the City Council.
2.Council received citizen reports from the following:
A. Bob Clifton regarding Denton Municipal Electric, tax collecting
contracts, pending lawsuits against the city of Denton, outside attorney's fees,
city attorney's department's payroll, public funds spent for defense of public
matters; bond
officials, conflicts of interest; recall elections; TMPA and related
issues; governmental waste; traffic flow and parking matters.
Mr. Clifton spoke regarding the purchase cards from DME, parking on Hickory and Carroll, the
TMPA lawsuit, outside attorney fees, and the contract for delinquent tax collection.
B. Jennifer Cole regarding the White Spot well site.
Ms. Cole stated that since the last time she spoke on this issue there now were new council
members and no gas well inspector. Chuck Russell had indicated that he was ready to release the
gas well site. The pad site for this well was 8-10 feet above the natural lay of the land and
caused flooding in their neighborhood. The State Water Code and Denton Development Code
regulations indicated that this was an illegal site as it was less than 500 feet to residences.
C. Renae Lorentz regarding the White Spot well site.
Ms. Lorentz spoke regarding flooding at her home since the development of the White Spot well
site. The pad site was built illegally and she requested Council not allow the approval of the
plan.
D. Gene Cole regarding the White Spot well site.
Mr. Cole stated that within 40 feet of his back door was the pad site standing 8 feet tall. Runoff
water was diverted from going between the homes and now goes into the creek and causes the
heavy flooding. He also requested that the plat not be approved.
E. Jana DeGrand regarding the White Spot well site.
Ms. DeGrand stated a hydrological study was promised to the area residents. That study would
show how the water was incorrectly diverted into their neighborhood. The first application to the
Railroad Commission had been revoked and the second application was under legal exam. The
City was ready to turn the plan over for signatures for approval of the site. She requested a delay
as they were meeting with Denton County and FEMA regarding the site.
F. Lana Shaw regarding the White Spot well site.
Ms. Shaw expressed concern regarding the White Spot well site. Her front door was about 300
feet from the drilling site. This was a unique area in that the homes and property were already in
a flood sensitive area. The drilling pad was 8-10 feet above surrounding properties. There was
City of Denton City Council Minutes
November 4, 2008
Page 15
only one way in and out of their subdivision which was across a bridge which now was being
flooded regularly due to increased runoff into the creek from the well site. She asked the City to
deny drilling permits on this site and return the property to prior elevations.
G. Laverne Wilkerson regarding the White Spot well site.
Ms. Wilkerson was not present.
I. 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.
Council Member Watts requested a legal analysis, etc. on the White Spot Well.
Mayor Burroughs requested information on the roadway entrance for this site.
Mayor Pro Tem Kamp asked for information on an artist relocation program.
Mayor Pro Tem Kamp asked for a staff driven task force to expand and develop further the
Farmers Market.
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.
There was no official action on Closed Meeting items.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for an expansion of a special exception (self-service storage)
onto an adjoining lot comprising 8.94 acres of land located on the south side of Collins Street
and the north side of Daugherty Street, approximately 150 feet east of Locust Street; providing
for a penalty in the maximum amount of $2,000 for violations thereof, severability and an
effective date. The Planning and Zoning Commission recommended approval (4-0).
Mark Cunningham, Director of Planning and Development, stated that the purpose of the request
was to expand a special exception onto an adjoining lot. The applicant was proposing to expand
the Daugherty Street facility onto the adjacent 9-acre tract which they owned. Details on the
location of the property and types of surrounding property zoning were presented. The Planning
and Zoning Commission recommended approval with the following conditions: (1) a 10 foot
vegetative buffer abutting the residential uses/lots to the east must be provided using existing or
proposed vegetation; (2) if a storage facility were constructed adjacent to a residential use/lot, the
minimum required setback would be 30 feet, plus 1 foot for each foot of building height above
City of Denton City Council Minutes
November 4, 2008
Page 16
30 feet; and (3) a minimum 6-foot high opaque fence constructed of masonry or wood with steel
posts and a decorative cap with the good side facing the residential use/lots would be installed
along the eastern property line. Staff’s recommendation was that if a storage use were
constructed adjacent to a residential use/lot, a 30-foot vegetative buffer would be required along
the eastern boundary property line of the subject property.
Council Member Moreno asked about the special exception designation.
Cunningham stated that because the existing storage facility was a permitted use prior to the city-
wide rezoning in 2002, the use was automatically given a special exception designation.
Expansion of a Special Exception onto an adjoining lot required the approval of City Council
using the Zoning Amendment Procedure.
Council Member Watts asked what limitations would be on the site if the expansion of the
special exception was granted.
Cunningham stated that the expansion would be limited to the boundary as noted. If expansion
was needed beyond that boundary, the applicant would have to receive Council approval. The
property was subject to current building codes and the setbacks of the current zoning district.
Mayor Pro Tem Kamp questioned tree preservation with the expansion of the existing property.
Cunningham replied that they would be required to meet the tree code regulations.
The Mayor opened the public hearing.
Larry Reichhart, representing the property owners, spoke in favor. He questioned the 30 foot
buffer for a storage use as it did not produce noise, vibrations, etc. A 30 foot setback would be
better than a 30 foot buffer. Thirty feet took away too much property with no one seeing it as it
would be behind a fence. He preferred a setback rather than a buffer.
Council Member Heggins left the meeting.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-281
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
EXPANSION OF A SPECIAL EXCEPTION (SELF-SERVICE STORAGE) ONTO AN
ADJOINING LOT COMPRISING 8.94 ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF COLLINS STREET AND THE NORTH SIDE OF DAUGHERTY
STREET, APPROXIMATELY 150 FEET EAST OF LOCUST STREET; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
City of Denton City Council Minutes
November 4, 2008
Page 17
Mulroy motioned, Kamp seconded to adopt the ordinance with the conditions recommended by
the Planning and Zoning Commission. On roll vote, Kamp “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, approving a Specific Use Permit (SUP) to allow Heavy Manufacturing
use on approximately 9.11 acres of land, currently zoned Industrial Center General (IC-G),
located on Treatment Plant Road east of Mayhill Road within the City of Denton Solid Waste
Facility and legally described as part of G. Walker Survey, Abstract No. 1330 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. The Planning and Zoning Commission
recommended approval of this Specific Use Permit request (4-0).
Mark Cunningham, Director of Planning and Development, indicated that this request was for a
Specific Use Permit to allow a heavy manufacturing (ethanol production) facility within the
Denton Solid Waste facility. Two office complexes and a series of ponds for the production of
the ethanol would be built. The Development Review Committee recommended approval. The
Planning and Zoning Commission recommended approval with the following conditions: (1) the
SUP would expire when Tetra Point ceased operation of the facility for more than three months;
cessation of operation shall be a permanent close down of offices and truck deliveries associated
with operation of the facility, (2) adequate screening in the form of a 15-foot landscape buffer or
a berm would be constructed along the western property boundary of Treatment Plant Road, (3)
the SUP would expire with approval of a master plan site plan for the entire solid waste site; the
solid waste master plan would contain conditions for the development or continued operation of
the SUP, (4) any modification to the site design or re-orientation of structures that impacted the
conditions of the SUP would be deemed a major modification and require approval by City
Council, and (4) the hours of operation for truck delivery would be restricted to 7:00 a.m. to 6:00
p.m. Monday through Friday and 11:00 a.m. to 5:00 p.m. on Saturdays and Sundays
Council Member Moreno asked about the function of the surface ponds.
Tim Geiger, Tetra Point, stated that the ponds were not intended for storm water retention but
would be designed to retain runoff water.
The Mayor opened the public hearing.
A Comment Card was submitted by Karen Dixon, Denton Chamber of Commerce, in support of
the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-282
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT (SUP) TO ALLOW HEAVY MANUFACTURING USE ON
APPROXIMATELY 9.11 ACRES OF LAND, CURRENTLY ZONED INDUSTRIAL
CENTER GENERAL (IC-G), LOCATED ON TREATMENT PLANT ROAD EAST OF
City of Denton City Council Minutes
November 4, 2008
Page 18
MAYHILL ROAD WITHIN THE CITY OF DENTON SOLID WASTE FACILITY
AND LEGALLY DESCRIBED AS PART OF G. WALKER SURVEY, ABSTRACT
NO. 1330 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.
Mulroy motioned, Kamp seconded to adopt the ordinance with the conditions as recommended
by the Planning and Zoning Commission. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy
“aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit (SUP) to allow a multi-family dwelling development on a
property currently zoned Neighborhood Residential Mixed Use (NRMU). The approximately
0.354 acre site is located north of University Drive between Locust Street and Bell Avenue and
is legally described as all that certain lot, tract or parcel of land situated in the N. H.
Meisenheimer Survey Abstract Number 811, in the City of Denton, Denton County, Texas, being
all that certain tract of land conveyed by deed from Eugene W. Hupp to George U. Liepa and
wife, Candice C. Liepa recorded in Volume 1305, Page 975, Real Property Records, Denton
County, Texas; 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 of this Specific Use Permit request (4-0).
Mark Cunningham, Director of Planning and Development stated that this was a request for a
specific use permit for a multi-family development located north of University Drive between
Locust and Bell. This was another special exception case as the property was zoned MF-1 prior
to 2002 and the use was a legal permitted use. The applicant would like to demolish the existing
structure and build a six unit multi-family unit. Because the property owner was demolishing the
existing four-plex voluntarily, the Special Exception applicability was removed. A special use
permit was only issued if the required seven conditions were met and staff determined that those
conditions had been met. Both the Development Review Committee and the Planning and
Zoning Commission recommend approval.
Council Member Moreno asked how close this proposal was to the neighboring historic district
and were the residents there notified.
Cunningham stated that the standard 500 and 200 foot notices were mailed with no one
responding.
The Mayor opened the public hearing.
Steven Klir, 1601 Lindsey, Denton - spoke in opposition.
The Mayor closed public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
November 4, 2008
Page 19
NO. 2008-283
AN ORDINANCE REGARDING A SPECIFIC USE PERMIT (SUP) TO ALLOW A
MULTI-FAMILY DWELLING DEVELOPMENT ON A PROPERTY CURRENTLY
ZONED NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU). THE
APPROXIMATELY 0.354 ACRE SITE IS LOCATED NORTH OF UNIVERSITY
DRIVE BETWEEN LOCUST STREET AND BELL AVENUE AND IS LEGALLY
DESCRIBED AS ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND
SITUATED IN THE N. H. MEISENHEIMER SURVEY ABSTRACT NUMBER 811,
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL THAT
CERTAIN TRACT OF LAND CONVEYED BY DEED FROM EUGENE W. HUPP TO
GEORGE U. LIEPA AND WIFE, CANDICE C. LIEPA RECORDED IN VOLUME
1305, PAGE 975, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to adopt the ordinance.
Council Member Mulroy asked if the motion included the recommendations by the Planning and
Zoning Commission.
Mayor Pro Tem Kamp and Council Member Thomson responded correct, as presented and
recommended.
On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and
Mayor Burroughs “aye”. Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, amending the development standards for the Rayzor Ranch Overlay
District by superseding the previously approved Rayzor Ranch Overlay District classification,
and 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 severability; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, and providing an effective date. The Planning and Zoning Commission recommended
approval (7-0).
Chuck Russell, Planning Supervisor, stated that this request was to amend the Rayzor Ranch
Overlay District and Special Sign District. He presented the current conceptual plan and
indicated that there were six amendment proposals. They included drainage, landscaping and
tree mitigation, medical related use Subarea O, transportation, pylon signs and signature trade
dress. Staff was in support of the revised Subarea O in order to accommodate the design
guidelines for Cook Children's Hospital. Staff was also in support of the first five proposed
amendments but was not in support of details being proposed by the applicant for the signature
trade dress. Staff would appreciate more time to work through the details of the signature trade
dress proposal and would prefer that this element be referred back to the Planning and Zoning
Commission.
Mayor Pro Tem Kamp asked for an explanation of the legal concerns regarding the trade dress
issue.
City of Denton City Council Minutes
November 4, 2008
Page 20
City Attorney Burgess stated that there were no firm standards presented and left very wide
discretion for Planning staff. She felt it might be preferable to have firm standards and to give
staff an opportunity to present that back to the Planning and Zoning Commission.
Mayor Burroughs asked if standards had been presented but staff had not had enough time to go
through them.
Russell stated that both criteria and guidelines had been presented but there seemed to be a gray
area between procedure and standards. Some of the items being proposed crossed the line into
the procedural area which was not in the scope of an overlay district. The proposal might have
pushed the envelope too far and staff needed to take hard look at the proposal.
Mayor Burroughs asked if the procedures presented were the ones that the Planning and Zoning
Commission did not have at the time they made their recommendation or were they procedural
issues within the trade dress issue itself when that issue was being considered.
Russell replied that they were issues that came up during the trade dress discussion. Planning
and Zoning did see a concept of the ideas but it was the setting up of an approval process, pieces
being reviewed by different departments and staff determining whether or not to pass it on to the
Planning and Zoning Commission that staff was having difficulty.
Mayor Pro Tem Kamp asked for a time frame for this element.
Russell replied that the applicant would like to have this done as soon as possible.
Mayor Pro Tem Kamp asked if it were new information, would it have to go back to the
Commission.
City Attorney Burgess stated that there was an adequate posting so Council could look at the
standards tonight. Council could adopt standards with the understanding that staff would like
more time to review.
City Manager Campbell stated that the Planning and Zoning Commission had made the decision
to send the item to Council knowing it did not have enough information as it could have had but
felt it was sufficient to forward to Council.
Council Member Mulroy asked when staff received the most current information.
Charles Hodges, representing Rayzor Ranch, stated that since the Planning and Zoning
Commission meeting, they had followed through with the charge from the Commission which
was to develop the details in a form to present to City Council.
Mayor Pro Tem Kamp asked about the graphics regarding the trade dress issue.
Russell showed the applicant's draft regulations. Those regulations stated that the trade dress
included signage, materials, entry treatments and architectural features; included logo and colors
that do not have to match the Razyor Ranch color palette; must fit within the approved facade;
elements could not extend beyond the facade unless approved by the Planning and Zoning
Commission; could not exceed 25% of the total area of the facade for each tenant; wall signage
must be incorporated into trade dress and not exceed 20% of the facade; and would be allowed
on all facades if the building was a corner or freestanding building. Approval procedures
City of Denton City Council Minutes
November 4, 2008
Page 21
included staff review of the draft facade plan with approval if it was consistent with the Rayzor
Ranch guidelines; a Rayzor Ranch Control Committee would review the draft facade and trade
dress plans; the draft facade and trade dress plan would be sent to staff and must be scaled and in
color; staff may approve the trade dress if it did not exceed 25% of the facade, signage did not
exceed 20% of the facade and neither pierced the building envelope; trade dress and facade plan
could be sent by staff to the Planning and Zoning Commission for review; the applicant could
appeal a staff denial to the Planning and Zoning Commission; and staff would have 10 days to
complete the review from the time of the application.
Russell indicated that the Planning and Zoning Commission had recommended approval of the
requested amendments as conditioned. However, no standards were established, presented or
reviewed by the Development Review Committee, the Planning staff, the Commission or the
public prior to or at the time of the vote. Staff was in support of the first five amendments but
recommended to postpone the sixth.
Council Member Watts questioned the transportation issue. What happened if the right hand turn
lane from Highway 380 on to the I35 access road did not happen by 2009.
Russell indicated that the proposal from the applicant wanted the trigger to be the issuance of a
certificate of occupancy which staff was reluctant to do. A big box store could receive a
temporary certificate of occupancy to stock and then advertise a grand opening before all
conditions were completed. A date certain was preferred instead of holding up the issuance of a
certificate of occupancy.
Council Member Watts felt that there was no consequence in the language if the turning lane did
not get done on time
Russell indicated that language could be added that no certificate of occupancy would be issued
unless the deadline for the turn lane had been met.
The Mayor opened the public hearing.
Charles Hodges, representing Rayzor Ranch, stated that this vote was critical. He had attended
two presentations at the Planning and Zoning Commission and had talked about the substance of
the issue. He felt it was the substance that was important with the details to be put in place later.
He felt that everyone on the Commission understood the substance of the national trade dress
challenge and the importance to maintain national signage. They had developed a good set of
elements for trade dress and were asking Council to look at and vote on the substance of the
concept. If an issue arose on the procedures that the proposed standards did not cover, the retail
store would have to go the Planning and Zoning Commission.
Mayor Pro Tem Kamp stated that the façade/elevations on the buildings were the same so the
trade dress must fit into the framework.
Hodges replied correct. It would have to fit into the approved façade and could not extend
beyond the façade unless approved by the Planning and Zoning Commission.
City of Denton City Council Minutes
November 4, 2008
Page 22
Council Member Moreno stated that the architectural design standards would not be
compromised but that there was a need to proceed on the trade dress issue in order to get retailers
on board with the project. The trade dress was essential for successful marketing process for the
retailers.
Mayor Burroughs asked about a timing issue.
Hodges stated that he was trying to get deals done and Committee approval before February.
Council Member Watts asked when construction was anticipated.
Hodges replied that the bids for Wal-Mart and Sams were suppose to be for tomorrow.
Council Member Watts stated that he needed further clarification on what the dispute was
between staff, Legal and the developers.
Russell stated that there might be a solution to the problem by rolling the trade dress issue into
the sign ordinance. There were already sign regulations in the Code-Subchapter 15 that
addressed the trade dress issue. The item could then be brought back to Council at the next
hearing date for consideration. The procedure was the problem. As the language was currently
drafted by the applicant, it went into a procedural system that staff was not comfortable with.
Council Member Mulroy stated that it was not the concept of staying within the facade or
changes in color, it was the procedural process that was the problem.
Russell stated that the issue went beyond just the procedural aspects and went into maintaining
the architectural guidelines while accommodating national trade dress.
Council Member Mulroy stated that part of the justification for the tax incentive was the
elevations and architectural standards.
Mayor Burroughs asked what staff would like to see different than what had been presented.
Russell stated criteria in terms of what was and was not acceptable and to be sure standards
outside the Code were not being established rather than using an overlay district to set those
standards.
Mayor Burroughs stated that if this were more straight commercial zoning, Council would not
have the ability to regulate these elements of trade dress. If someone had a lot and built a
national retail store on it, Council would not have the ability to regulate the trade dress
components.
Russell replied correct.
Council Member Watts stated that Council was addressing this issue because of an attempt to
determine what level of integrity to maintain from the original architectural basis. Now Council
had to decide if those standards were going to be diluted in some way because of the economic
market place. Council needed to decide if economics had changed so much that the original
standards needed to be changed and if so, would they have to change what was originally
planned and what would that effect be on the original incentive agreement.
City of Denton City Council Minutes
November 4, 2008
Page 23
Jerry Drake, Deputy City Attorney, presented information from the Development Code relative
to establishing design standards. It was not about customizing procedures or allowing different
procedures if someone disagreed with the established procedures.
City Attorney Burgess stated that there were two ordinances in the backup materials. She
suggested that the Council consider the first ordinance dealing with the overlay district and bring
back to Council the second ordinance dealing with the sign ordinance which would address the
trade dress issue.
Mayor Burroughs questioned if it were the sign ordinance where the trade dress issue was
located.
City Attorney Burgess stated that staff was suggesting that they could work with that ordinance
and address the trade dress issue.
Mayor Burroughs asked if that would delay approval of the sign ordinance.
Hodges stated that he had 150 days in the Wal-Mart agreement to build the high rise pylon signs
and was already 35 days into that time frame. It would be a problem to delay consideration of
the sign ordinance provisions. Taking the issue into a sign ordinance issue would lose the
quality of the architecture. Addressing it in a special sign district did not do anything for the
quality. The proposal he presented provided a framework for the quality and forced the retailer
to fit within that framework. He asked if Council could consider the substance of the trade dress
with the condition that he would work with staff to develop the final procedures and bring them
back to Council.
City Attorney Burgess stated that two ordinances were included in the backup materials. The
item was posted as to the first ordinance but the second ordinance was not specifically posted.
She felt that it would be best to bring the sign ordinance back for the reasons addressed and also
for the reason of posting.
Mayor Burroughs questioned that the second ordinance was not properly identified in the
agenda.
City Attorney Burgess stated that the second ordinance was not identified in the posting. She felt
that a reasonable way to handle the issue would be to consider the first ordinance and bring the
second ordinance back at the next meeting.
Russell indicated that at one point in time last week, the two ordinances were to be combined
into one and with the last minute back and forth negotiations, they were divided into two
ordinances. He read the definition of a sign as detailed in the Sign Ordinance. He felt there was
already code language which would address the issue.
Tom Goyette, 10901 Fieldstone, Denton, stated that there was a professional group addressing
the issue and the Council should proceed with the project. The next year was possibly a very
difficult year for the economy and Council needed to do what it could to get the project moving.
Jack McBride, 9905 Crestwood Drive, Denton, agreed with Mr. Goyette’s statements.
The Mayor closed the public hearing.
City of Denton City Council Minutes
November 4, 2008
Page 24
Council Member Thomson motioned to approve the ordinance dealing with the overlay district.
That would be Exhibit 19 in the backup materials.
Council Member Mulroy stated that the ordinance did not include the trade dress issue. It only
included the other five issues.
Mayor Pro Tem Kamp seconded the motion. She was not in favor of delaying the trade dress
issue and asked what might be done on the trade dress issue at this meeting.
City Attorney Burgess stated that the concern was the posting under the Open Meetings Act and
acting on the second ordinance could be a problem. She was recommending that the Council not
act on the second ordinance.
Council Member Watts asked if the approval procedures, even though they were left out of the
ordinance, could be included in the ordinance, giving a time limit to work out the details. The
first ordinance would be amended to include the criteria with a specified time frame.
City Attorney Burgess indicated that Council could amend the ordinance and include language
suggested by the staff.
Thomson agreed with the friendly amendment to incorporate that language as presented. Kamp
agreed to the amendment with her second.
Russell and Drake suggested keeping the criteria to only the percentages.
Hodges expressed concern about not having the other criteria also approved.
Mulroy motioned, Kamp seconded to table this item until the completion of the next item to
allow staff and the petitioner to work out the language of the criteria. On roll vote, Kamp “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a Specific Use Permit to allow a basic utility on
approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning district
classification and use designation, generally located on the north side of Roselawn Circle, 440
feet north of Roselawn Drive, and legally described as Lot 1, Block A of the Roselawn Elevated
Storage Tank Addition, 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. The
Planning and Zoning Commission recommended approval of the Specific Use Permit request (7-
0)
Mark Cunningham, Director of Planning and Development, stated that this was a request for a
specific use permit for an elevated potable water storage tank. The Planning and Zoning
Commission recommended approval with four conditions. Those conditions included the SUP
would be limited to the elevated water storage tank within the 2.5367 acre parcel as described in
the application; no other structures, habitable or uninhabitable would be constructed or erected
on the site without amending the SUP; approval of the SUP would be for the applicant only, the
City of Denton, Water Utilities or their successors; the SUP would not expire until the elevated
water tower was no longer needed and was no longer pertinent to the delivery of efficient potable
City of Denton City Council Minutes
November 4, 2008
Page 25
water service within the City’s Water Master Plan; the routine maintenance of the utility would
occur between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday.
Frank Payne, City Engineer, presented the details of the proposed water storage tank. He
reviewed the three sites originally proposed by the consultants and the results of the tree survey.
The tree preservation goals conformed to the most stringent levels set forth in the Code.
Council Member Mulroy indicated that a request had been received by the Denia neighborhood
to continue the public hearing to next meeting in order to allow for a neighborhood meeting on
the proposal.
The Mayor opened the public hearing.
Mulroy motioned, Kamp seconded to continue the public hearing to the Council’s next meeting
to allow for a neighborhood meeting at the request of the Denia Neighborhood Association.
Mayor Burroughs indicated that if someone spoke at this meeting, he would be using his time to
speak at next public hearing.
Phil Baker, representing the owner of the property, spoke in favor of the proposal.
On roll vote to continue the public hearing, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Council returned to Item D.
Russell presented the details of the proposed language which dealt with criteria and did not deal
with procedures.
It was noted that the original motion was to approve the ordinance as written which did not
include trade dress. The friendly amendment was to include the proposed trade dress criteria
with the overlay district. The more permanent criteria and procedures would be brought back by
th
December 9. Both Thomson and Kamp approved the friendly amendment.
The following ordinance was considered:
NO. 2008-284
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT
BY SUPERSEDING THE PREVIOUSLY APPROVED RAYZOR RANCH OVERLAY
DISTRICT CLASSIFICATION, AND 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 SEVERABILITY; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND
PROVIDING AN EFFECTIVE DATE.
On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and
Mayor Burroughs “aye”. Motion carried unanimously.
City of Denton City Council Minutes
November 4, 2008
Page 26
F. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, amending a Detailed Plan to allow for two Gas Well Parks within the
Planned Development 173 (PD 173) zoning district, the first being approximately 4.848 acres in
size, northwest of Michelle Way and Glenbrook Street, and the second being approximately
4.987 acres in size, located east of Michelle Way and Pavilion Court; 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 of this Detailed Plan request (7-0).
Mark Cunningham, Director of Planning and Development, stated that this was a request for two
gas well parks located within the Robson Ranch Planned Development. One of the sites had a
planned road that would be constructed. He reviewed the history of the gas well parks in Robson
st
Ranch. On October 21 staff received an email from a resident indicating opposition to the
proposal. The Development Review Committee recommended approval as did the Planning and
Zoning Commission with conditions.
The Mayor opened the public hearing.
Martin Garza, representing the owner of the property, spoke in favor of the proposal with two
clarifications of the conditions by the Commission. The restriction on truck activity would be for
heavy trucks or oversized trucks, not pickup trucks. He also clarified that the hours of operation
would not include emergencies.
Mayor Burroughs asked if the description of trucks for the condition could be trucks over two
axels.
Garza agreed with that description.
Elma Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition.
Gary Raymond, 9604 Pinewood Drive, Denton, 76207, questioned how the trucks would get in
and out of Robson as it was suppose to be a gated community.
Bruce Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition.
The Mayor closed the public hearing.
Council Member Mulroy asked about the regulations for required distance between the well head
and existing residential homes.
Cunningham replied it was 200 feet.
Council Member Mulroy asked if in the future a house was built next a well head what would the
minimum spacing requirement.
Cunningham stated that if a house came after the well, the setback would be reduced.
Mayor Burroughs asked about requirements for notifying future property owners about the
proposed gas wells. Did the City have a role in that?
City of Denton City Council Minutes
November 4, 2008
Page 27
Cunningham stated the city did not have a role. This was a gated private community and
according to the developers, when a home was purchased, the notice was in the deed and was
brought to the buyer’s attention.
The following ordinance was considered:
NO. 2008-285
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A DETAILED
PLAN TO ALLOW FOR TWO GAS WELL PARKS WITHIN THE PLANNED
DEVELOPMENT 173 (PD 173) ZONING DISTRICT, THE FIRST BEING
APPROXIMATELY 4.848 ACRES IN SIZE, NORTHWEST OF MICHELLE WAY
AND GLENBROOK STREET, AND THE SECOND BEING APPROXIMATELY
4.987 ACRES IN SIZE, LOCATED EAST OF MICHELLE WAY AND PAVILION
COURT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE.
Kamp motioned to adopt the ordinance.
Council Member Watts asked if the detailed plan expired according to the statutes, then would
the current codes apply or would the prior regulations remain in effect.
Cunningham stated that it would be subject to the Code.
Thomson seconded the motion to approve with the conditions listed by the Planning and Zoning
Commission with the clarification of the trucks over 2 axels and the emergency hours. On roll
vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
G. The Council continued a public hearing 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. 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).
Brian Lockley, Planning Department Manager, stated that there were outstanding issues
th
remaining on this project. On June 17, Council directed the applicant to work with the Robson
Ranch developer to develop plans for a buffer between the proposed Inspiration MPC and the
th
existing Robson Ranch community. On July 15 the applicant was directed to submit documents
to address Subchapter 35.7.12.6.E Findings, of the Denton Development Code. The applicant
met with representatives of Robson Ranch and the following items were proposed by the
City of Denton City Council Minutes
November 4, 2008
Page 28
applicant. These meetings were held between the two parties without the presence of city staff.
As a follow-up staff attempted to set up a meeting between the two parties but was unsuccessful.
The buffer as proposed by the applicant would be the construction of an 8’ high board on board
wood fence using steel posts with masonry columns approximately 34 foot on center to be
maintained by the Inspiration HOA. The fence was not required to be constructed in
Environmentally Sensitive Areas. There would also be created a minimum twenty-eight foot
wide open space buffer to be maintained by the Inspiration HOA. Other buffer proposals
included single-family lots adjacent to the new 28 foot wide buffer would be a minimum of 62
feet wide and 100 feet deep, at least 25% of the single-family houses constructed adjacent to the
new 28 foot wide buffer would be single-story. The remaining 75% of the houses could be either
single-story or two story. The applicant felt that these conditions had been agreed to with the
Robson Ranch residents. There were also eight other items along the buffer that were not
resolved that dealt primarily with grading, Robson Ranch residents wanted a masonry fence with
construction of the fence prior to the start of construction of homes, height restriction on any
lighting in the buffer, and extending the fence along the length of the detention pond to the north.
The second issue that Council directed the applicant to demonstrate was the Finding E of the
Code. That Finding indicated 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 and that the Development Plan set forth the phasing
and the plan for paying for the infrastructure and responsibilities for payment. The Fiscal Impact
Analysis was submitted by the applicant and upon review by the Finance Department was
determined that the analysis met the requirements of the Finding. All anticipated on-site costs
would be covered by the developer or the revenues generated by the proposed development. The
developer would also be responsible for certain off-site improvements. Infrastructure needs such
as streets, internal water and sewer lines, and storm drainage would be the responsibility of the
project as required by relevant city codes and ordinances and to be determined at the time of
platting. Financing would be provided by equity and debt secured by the project and may
include private equity, internal funding sources, financing provided by banks or other lending
institutions and private financing. The proposed MPC met the requirements stated in Subchapter
35.7.12.6. The Planning and Zoning Commission recommended approved with conditions that
were agreed to by the applicant and were included in the ordinance.
The Mayor opened the public hearing-
The following individuals spoke during the public hearing:
Larry Reichhart, representing the applicant, asked for a clarification of the requirement to
save trees and construct the buffer fence before the start of construction. A detailed look had not
been done at the area and there might be the necessity to do drainage work which would prohibit
the construction of the buffer fence before the start of construction.
J. B. Spalding, 9405 Grandview Drive, Denton, 76207 - opposed
Arlene Simpson, 9920 Crestridge Drive, Denton, 76207 - opposed
Larry Turner, 10905 Fieldstone Street, Denton, 76207 - opposed
Martha Wood, 9304 Perimeter Street, Denton, 76207 - opposed
Peter Day, 9109 Perimeter Street, Denton, 76207 - opposed
Elma Walker, 9805 Grandview Drive, Denton, 76207 - opposed
Dick Welday, 11812 Clemson Drive, Denton, 76207 - opposed
Jack McBride, 9905 Crestridge Drive, Denton, 76207 - opposed
Dan Lamb, 9600 Colbert Cove, Denton, 76207 - opposed
City of Denton City Council Minutes
November 4, 2008
Page 29
Suzanne Cote, 9113 Grandview Drive, Denton, 76207 - opposed
Tom Bryan, 9604 Grandview Drive, Denton, 76207 - opposed
Ray Wazny, 9117 Perimeter Street, Denton, 76207 - opposed
Richard Monahan, 10108 Countryside Drive, Denton, 76207 - opposed
Susan Solometo, 10100 Soriano Street, Denton, 76207 - opposed
Kathleen Wazny, 9117 Perimeter Street, Denton, 76207 - opposed
Gary Pniewski, 9900 Crestridge Drive, Denton, 76207 - opposed
Kris Tarczon, 11712 Rosemont Court, Denton, 76207 - opposed
Betty and Jim Erickson, 9113 Perimeter, Denton, 76207 - opposed
Frank Ruggiero, 10208 Soriano Street, 76207 - opposed
Bruce Walker, 9805 Grandview Drive, Denton, 76207 - opposed
Fred Balda, representing the petitioner, was allowed a five minute rebuttal. He stated that the
developer was fortunate to have a large piece of property under one ownership. They were going
to develop a first class development. Tax payer dollars were not going to develop this project.
The developer would fund the off-site infrastructures pursuant to the current agreements.
Eddy Eckert, Goodwin Marshall Engineering, stated that his firm had provided the water, sewer,
storm drainage and transportation analysis and the cost estimates with the studies, particularly in
Phase I, as directed by staff. The focus had been on Phase I and not on the entire project. Not all
of the final answers were available as there were different stages of the development such as the
zoning stage, the plat stage and construction plan stage. They had provided that off-site water
lines would be needed, off-site roadways would be needed and off-site sewer would be necessary
and they had developed estimated costs for those. The developer was required to pay for those.
Until all of the final details were worked out, final costs could not be determined.
Council Member Watts questioned who was going to develop the property.
Balda stated that right now it was Hillwood but that might change. This was a guideline and a
zoning for whoever might develop the property.
Council Member Watts stated that Mr. Eckert had indicated that documents had been submitted
for cost analysis. If those existed, why did Council not have them in the backup materials.
Lockley stated that the Development Review Engineer had indicated that he did not recall seeing
any cost estimates.
Council Member Watts felt that this was a critical point. The primary concern seemed to be the
infrastructure and the major components.
Balda stated that regardless of the size of the figure, the developer was going to have to figure
out how to pay it. Did it really matter what was the figure because at the end of the day, the
developer had to pay it.
City Manager Campbell stated that the Council had asked the developer to provide additional
information but did not expect precise cost estimates for something that was not certain when it
would be developed. They had been talking about a water line estimate and options with the
understanding that the developer would get as close to the estimates as possible. The primary
objective was to have the developer understand and commit to the Council that it was their
City of Denton City Council Minutes
November 4, 2008
Page 30
responsibility to provide that infrastructure at whatever point in the future they determined they
wanted to start Phase I or whatever Phase. Staff understood that Council was asking for a
commitment that the developer would pay for the costs even if precise costs could not be
determined at this exact point. It was his opinion that this had been done.
Eckert stated that the cost estimates were not included in the reports but were done as a separate
spread sheet. The commitments were inside the reports.
Mayor Burroughs stated that there was no time requirement to start the project so cost estimates
would be very difficult to estimate at this time. It was important, however, that when the project
started, the burdens of the cost would not shift to the city.
City Manager Campbell felt that when this issue was sent back for further information, the intent
was to get the commitment from the developer recognizing that the developer would not be able
to identify precise costs. An estimate was needed so that the developers would know what kind
of commitment they would be making but the intent was to have an understanding that whatever
the cost was going to be, the developer could not come back to the City to provide the
infrastructure.
Mayor Burroughs asked if a home could be built without the infrastructure being created to
support the home.
Eckert replied that to build one home on the property, some infrastructure would be necessary.
Mayor Burroughs asked who would pay for that infrastructure.
Eckert replied the developer was committed to pay for it.
Mayor Burroughs asked if any of the infrastructure to be extended out to the first home built
there had to be paid for by the city.
Eckert replied no.
Mayor Burroughs asked if there was a particular time deadline when the first home had to be
built at this stage.
Balda stated no.
Mayor Burroughs stated that as this was a zoning issue, it could be built a year from now, five
years from now, ten years from now. So estimating costs was very difficult to do as when the
construction actually started, the costs could be very different. But the burden of those costs
would not shift to the city.
City Manager Campbell stated that it would not shift. The point that they had been making with
the developer was to give the City the assurance that when they were ready to plat and to
develop, they would have to demonstrate to the City that they would have adequate facilities
with infrastructure but could not come back to the city.
City of Denton City Council Minutes
November 4, 2008
Page 31
Mayor Burroughs stated that if the developer failed and only had partial infrastructure
completed, there would not be a home on the property so the city would not have to complete the
infrastructure.
Mayor Pro Tem Kamp asked about the buffer, fence, NR-3 zoning and single story homes.
Balda stated that they had agreed with the buffer at 28 feet and the one story homes. There was
still a difference of opinion on the type of fence. They had suggested a board on board wood
fence with steel posts with 30 feet masonry columns on center and would be maintained with the
Inspiration HOA. If there was a concern about the longevity of the fence, other materials such as
vinyl or hardy board could be used. Having the entire fence of brick seemed like a waste of
money.
Reichhart stated that regarding the NR-3 zoning, lot sizes were proposed which equated to a
density, which were the same size as the Robson lots. They would guarantee that the lot sizes
would be similar to Robson. Going to RN-3 did not guarantee lot sizes.
Council Member Mulroy questioned who would be developing the property.
Balda stated that he hoped Hillwood would be the developer but could not guarantee it.
Council Member Watts asked who was the applicant.
Richhart stated that Springbrook Planning Group was the applicant for Hillwood, the land owner.
Council Member Mulroy requested an explanation of what would happen transportation-wise on
the overpass at Robson Ranch Road in terms of limitations of the overpass and a time frame for
development.
PS Arora, Development Review Engineer, stated that the numbers generated for the traffic were
preliminary at this time. The Traffic Impact Analysis would be required when the development
went into the platting phase. The TIA would be a more determining study to determine the level
of service requirement for streets and intersections. That study would then provide the guidance
to go to the County or to go to TxDOT and present the findings to determine at that time, what
improvement would be necessary. Information had been provided for the MPC application
which was considered adequate for the MPC level study. Once the platting process was started,
more definite figures would be needed.
Council Member Mulroy asked if it were a commitment to rework the overpass to the ultimate
buildout to six lanes.
Arora replied that if there were a need to develop the underpass, that would be part of the study
because offsite improvements that were part of the development would be part of the TIA.
Council Member Mulroy felt that the burden for the long term planning had not been completed.
The buffer was still not settled and there were infrastructure questions. He felt that he had not
received satisfactory answers for the infrastructure questions.
Mayor Burroughs stated that the problem with the overpass was that it was a TxDOT road and it
would be difficult to get a definitive answer regarding cost and when the improvements would be
City of Denton City Council Minutes
November 4, 2008
Page 32
made. How could the City require a commitment to definitive dollar amounts for a TxDOT road
and a commitment to an expansion that no one had control over.
City Manager Campbell stated that when the detailed analysis and TIA were done, there would
be a better feel for what might be required. Until those were done, no one would have a
definitive answer.
Mayor Burroughs stated that the infrastructure requirements were done during the plating
process and the consideration at this meeting was for zoning. The MCP requirements included
areas that were not normally seen until the platting process.
Council Member Mulroy felt that in order to get the Master Planned Community zoning, a larger
overview and reassurance was needed rather than what was just going to be platted in the near
future.
Mayor Burroughs stated that when Robson Ranch was proposed, it did not meet city codes in
numerous areas. If that had been relied on for some kind of criteria, there would be no Robson
Ranch today. It was also way outside the city. However, he felt it was a gamble worth taking
because of the qualitative elements in the development. He felt the MPC was created to give
more controls to the city to enact a vision and to allow a developer to be more creative in trying
to establish a vision. He was not sure how to get certainty out of future costs when the
development did not have to be developed on a particular time schedule. It could be 30 years
before a home was built but the city was requiring right now a definitive layout of costs and a
commitment on how to pay for those costs.
Council Member Watts stated that when a developer went to platting, all the infrastructure
requirements had to be in place or a plat would not be approved. He questioned if a TIA could
delay the platting process. He also asked if the developer would consider moving the start of the
development more to the north to help resolve the transportation issue.
Balda stated that from a developer point of view, Robson Ranch Road was the road to start with.
The bottle neck at Robson and I35 was a regional issue that hopefully TxDOT would address.
But to put that burden on this development was not necessarily fair. This was a regional issue
that needed to be addressed fairly over the entire city and not just this development.
Council Member Watts stated that even if Inspiration was not developed, there would still be an
issue of the underpass that Robson Ranch would have to address as it became built out. He
agreed that it might not be the sole responsibility of the Inspiration developers but how would
something be crafted that would help Inspiration, Robson Ranch and the city with the issue.
Balda stated that if the TIA indicated that the underpass was not sufficient for the amount of
traffic, then maybe the development would need to start in the north. The first step was to start
at Robson Ranch Road.
Mayor Burroughs stated that if the TIA indicated that the underpass was insufficient to support
traffic in whatever phase was being built, whether that was from Inspiration, Robson Ranch or
Country Lakes, what would happen at that point. Could construction begin at that point, could a
plat be approved?
City of Denton City Council Minutes
November 4, 2008
Page 33
Arora stated that the TIA was part of the final plat approval process. If the underpass
improvement was required by the TIA, how it was funded and where the money would come
from would be determined at that time by the developer.
Mayor Burroughs indicated that the developer could have all of the funding and TxDOT could
still not agree to the project.
Council Member Mulroy asked if the TIA indicated that the overpass was insufficient but
TxDOT indicated it was not in support of the project, what would happen at that point.
Balda indicated that if there was an issue at that point, then the solution needed to be applied
evenly across the board to all of the developments in the area.
Council Member Watts asked if the same standard would apply to Robson Ranch. Would they
have to do a traffic impact analysis?
Cunningham stated that when a development came in to plat, if they could not demonstrate that
they could build the infrastructure, then no plat would be approved. Inspiration would have
MPC zoning but would not be able to plat and no building permit would be issued.
Kathleen Wazny stated that the Robson Ranch community wanted the buffer along the entire
boundary and not just behind the current homes on Perimeter Street. The phasing was the key to
the entire project.
The Mayor closed the public hearing.
Mayor Burroughs asked for a clarification of the buffer issue.
Reichhart stated that currently the buffer was just along the existing lots on Perimeter Street.
The open space and three lots past the open space had no buffer. Robson Ranch had indicated
that they did not plan a buffer on any more of their lots. The proposed buffer mirrored the
existing buffer from Robson.
Council Member Moreno asked if the application was denied what would it take to get it
approved in the future.
Lockley stated that if it were denied at this meeting, there would have to be a substantial change
to it before it could come back to Council.
Council Member Mulroy stated that his main problem was that they were trying to approve
zoning for this large acreage with one obvious bottleneck being the underpass. He felt the long
view was needed early in the process.
Mayor Burroughs stated that if the development was blocked by an insufficient TIA, the
developer would have to change the phasing either go in a different direction or make a smaller
phase. The development could be done piece meal which the MPC was trying to avoid.
Council Member Mulroy requested confirmation that the development could not go through until
the requirements shown by the TIA were fulfilled with no exception.
City of Denton City Council Minutes
November 4, 2008
Page 34
Arora stated that if the infrastructure was not supported by the TIA, then the development could
not be built.
Council Member Thomson asked if there was a secondary access proposed for Robson Ranch.
Arora indicated he did not believe so.
Council Member Watts requested an answer from the developer regarding the phasing of the
project.
Balda stated that if the TIA required them to not start at Robson Ranch Road, then they would
have no choice but to change phasing. He did not feel starting the project in the north was a
good idea and requested the opportunity to find that out with the TIA.
Council Member Watts questioned doing the traffic impact analysis now to determine the
threshold analysis.
.
Balda stated that there was the possibility that the first phase might not start for several years and
other situations might arise to change the traffic such as another development or TxDOT
changes. The request this evening was for zoning and would doing the TIA at this point change
the request for zoning. He felt it would not. It might change his phasing but not the zoning.
Reichhart stated that all of the background information would change depending on the time of
development. Doing the TIA at this point would only provide a picture of what would have to be
done if the development were to start right now.
Council Member Thomson felt that the TIA would be the stopping point to make sure the traffic
infrastructure was in place.
Thomson motioned, Kamp seconded to remove the item from the table. On roll vote, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
Motion carried unanimously.
Thomson motioned, Kamp seconded to adopt the ordinance with the conditions as recommended
by the Planning and Zoning Commission plus a 28 foot buffer along the abutting property line
with current homes; a fence made of hardy board or masonry along the abutting property line but
not in the environmentally sensitive areas to be built upon plat approval of each subdivision
abutting this area; 100% single story homes along the abutting line with the existing Robson
Ranch homes; and lot sizes of 62x100 along the buffer area.
Council Member Watts wanted to make sure that the TIA requirement was a current practice and
was not something that was being created for this development. He wanted to make sure that it
would not fall through the cracks and did not need to be included in the motion.
Council Member Mulroy stated that the current practice as presented could be relieved by a
variance and he wanted assurance that staff would not support a variance and the minutes of this
meeting would be referenced and a variance would not be approved.
City of Denton City Council Minutes
November 4, 2008
Page 35
Arora nodded saying that the TIA was part of the Denton Development Code. This development
had a substantially high number of trips and would be required to do a TIA. They would have to
do a TIA as part of the platting process.
The following ordinance was considered:
NO. 2008-286
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. 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).
On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and
Mayor Burroughs “aye”. Motion carried unanimously.
H. Hold a public hearing and consider adoption of an ordinance designating and
describing the boundaries of a Tax Increment Financing Reinvestment Zone for the Downtown
District of Denton, Texas; establishing the duration of the zone; establishing a Tax Increment
Fund; establishing a Board of Directors for the Tax Increment Financing Reinvestment Zone;
making certain findings and other matters related thereto; and providing an effective date.
This item was not considered.
With no further business, the meeting was adjourned at 2:31 a.m.
__________________________________ ____________________________
MARK A. BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS