October 7, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 7, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 7, 2008 at 4:30 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
October 7, 2008.
Council Member Watts asked about Consent Agenda A, pipe bursting system, and how that
procedure differed from the normal procedure.
PS Arora, Division Manager-Wastewater Administration, stated that this system did not have any
impact on the road as it did not open cut the road. This system pulled the new pipe through the
old pipe. It saved time, had less traffic disruption and cost less.
Council Member Watts asked if the Highway 380 project appraisal services for Consent Agenda
Item B was $3,500 per appraisal or up to a total amount of $3,500.
Paul Williamson, Real Estate Manager, stated that the price was per parcel. All of these
appraisals were considered complex and cost more to complete.
Council Member Mulroy asked if that item was in conjunction with Rayzor Ranch.
Williamson stated no that it was from Elm to Bonnie Brae.
Mayor Burroughs asked about Consent Agenda Item C and the number of renewals that had been
done with the number of possible renewals.
Tom Shaw, Purchasing Agent, stated that the original contract was done in 2006 and had been
extended each year since then. The extensions had an 8% adjustment but the volume had stayed
the same. This renewal would extend through June 2009.
Mayor Burroughs asked if there were indefinite one year extensions.
Shaw stated that three extensions was the standard and would not go past five without looking at
the market.
Council Member Mulroy asked about the origination of this project.
Frank Payne, City Engineer, stated that there had been a lot of foot traffic in the area with a path
worn through the grass. The intent was to provide pedestrian traffic between McKinney and
Morse Street without having to walk in grass. CIP funds would be used for this project.
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October 7, 2008
Page 2
2.Council received a report, held a discussion and gave staff direction regarding the 2009
City Council meeting schedule.
Jennifer Walters, City Secretary, presented the proposed schedule and asked if Council had any
changes.
Consensus of the Council was to proceed with the proposed schedule.
3.Council received a report and held a discussion regarding proposed amendments
applicable to the Rayzor Ranch Overlay District on approximately 410 acres of land, generally
located on both sides of West University Drive / U.S. Highway 380, and being generally located
between IH-35 and Bonnie Brae Street.(Z06-0029 and Z06-0030, Rayzor Ranch)
Chuck Russell, Planning Supervisor, provided an update on the project and proposed
amendments to be considered in the future. Council had approved a detailed site plan with retail
uses on the north side of three big box users and outparcels. A large outdoor mall was planned
on the south side with multifamily housing and single family patio homes.
Wal-Mart and Sams had closed on the northern property and were moving forward with building
permit plans. On-site clearing and grading was taking place at this time with a major detention
pond being dug. Council had approved a special sign district to move a billboard from Highway
380 to I-35. DME had closed on the southern substation site and work was being done on the
southern detention pond. Originally four gas well pads were shown on the site plan but three of
them had been abandoned.
The developers were proposing to replace the site plan with a conceptual plan. This change
would provide group categories on the site plan but would have no specifics for uses. Uses could
be shifted in the groups without having specific pad sites. A detailed site plan review would
have to be done once it was determined what would be built in the specific groups.
Council Member Watts felt that it appeared that the plans for this project were starting over with
no commitment to the prior specific site plan.
Russell stated that there were design standards in place for the northern and southern tracts. A
central architectural theme and vernacular would unify the Town Center and Marketplace and
provide a color palette that would limit permissible colors. Staff felt that it was imperative to
maintain the integrity of these established guidelines.
Council Member Watts stated that very specific tax incentives had been approved based on the
prior model and asked how a new plan would be impacted.
Linda Ratliff, Director of Economic Development, stated that the agreement had a beginning
date and a maximum number of years for completion. There may be a need to relook at the
agreement due to the change in developers.
Russell noted that the Planning and Zoning Commission would be considering additional
amendments to the development standards and exhibits of the Rayzor Ranch Overlay District.
He detailed those proposed changes which included allowing additional retirement housing and
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October 7, 2008
Page 3
continuing care facility, removing all references to required drainage improvements within North
Lakes Park, removing the detailed site plan from the Overlay District and replacing it with a
more conceptual plan, allowing for some shifting of the landscaping requirements, creating a
new subarea with unique architectural standards and allowing architectural accent and accent
colors on buildings that were consistent with a “signature trade dress”.
4.Council received a briefing, held a discussion and gave staff direction on the proposed
initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned
Community (Hills of Denton North MPC) zoning district and the proposed rezoning of
approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the
Hills of Denton North MPC zoning district. The subject site was located on the west side of
Locust Street and south of Milam Road and was legally described as a tract of land situated in
the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the
E. Pritchett Survey, Abstract No. 1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick
Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey,
Abstract No. 0002, the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No.
1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those
certain called 165.46, 79.9951, 90.0542, 38.3235, 123.192, and 5.0318 acre tracts described to
2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007-
61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006-134972, respectively,
in the Official Records of Denton County; 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 initial zoning and zoning change request (6-0).
Mark Cunningham, Director of Planning and Development, stated that this proposal would be a
st
public hearing on the October 21 council agenda. The property involved 484 acres located on
the west side of Locust Street, south of Milam Road. He reviewed the future land use of the
property and the existing conditions. The MPC would consist of two zoning districts, single
family residential and commercial. The proposal would contain 421 acres of single-family
development and approximately 81 acres of commercial development. The commercial uses
would only include retail and office with no industrial uses allowed.
Deviations from the Denton Development Code included surface parking lots, permeable paving,
parking structures, the screening of right-of-way, parking between the street and building,
architectural features, and single-family façade separation
Before approval of adoption of an application for a MPC zoning document, the Planning and
Zoning Commission needed to approve specific findings. These findings included (1) that the
proposed development furthered the goals of the Denton Plan; (2) that in the case of proposed
residential development, that the development would promote compatible buildings and uses,
and that it would be compatible with the character of the surrounding area; (3) that the provisions
for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets,
public services and parks were adequate to serve the anticipated population within the MPC
district; (4) in the case of proposed commercial, industrial, institutional, recreational and other
non-residential uses or mixed-uses, that such development would be appropriate in area, location
and overall planning for the purpose intended; and (5) that the development was fiscally sound.
Both the Development Review Committee and the Planning and Zoning Commission
recommended approval of the request.
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October 7, 2008
Page 4
5.Council received a report, held a discussion and gave staff direction regarding a proposed
single-family dwelling building permit fee.
Mark Cunningham, Director of Planning and Development, stated that on September 23, 2008,
Council approved a new Building Permit Fee Schedule with the exception of the proposed fee
increase for one and two-family dwelling permit fee and Temporary Food Permit. The Council
asked staff to consider a cap on the proposed fee of $.40 per square foot so as not to discourage
the construction of larger houses within the city limits. He reviewed the details of the past 12
month projects and 10 month projects with and without cap. Staff was recommending a cap
which would have a minimum amount of impact on revenue generation and set the cap at 3,500
square feet. He also indicated that staff had decided not to increase the current $20 fee
associated with the City’s Temporary Food Permit.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 6:10 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A. Consultation with Attorneys – Under Texas Government Code Section 551.071.
1. Received, considered and held a discussion related to a briefing from
City’s Attorneys, relating to claims, potential claims, and settlement
thereof for matters pertaining to JNC Partners Denton, LLC v. City of
Denton, including legal advice related to future annexation, zoning,
subdivision controls, plat applications, annexation plans, development
agreements, annexation agreements, service plans, utility service, water
rights, permitting and other legal issues related to the future development
of land, as proposed by JNC Partners Denton, LLC.
B. Consultation with Attorney – Under Texas Government Code §551.071; and
Deliberations regarding real property – Under Texas Government Code §551.072.
1. Discussed, deliberated, and received information from Staff, and provided
staff with direction pertaining to the purchase price of, the possible terms
of sale, and valuation issues respecting the acquisition of an approximate
20.6 acres in fee simple title for municipal purposes and/or park purposes,
in the N.H. Meisenhiemer Survey, Abstract Number 810, Denton County,
Texas, and being located along U.S. 77 and Old Riney Road. Consultation
with the City’s attorneys regarding legal issues associated with the
acquisition for the above use, where public discussion of these legal
matters would conflict with the duty of the City’s attorneys to the City
Council under the Texas Rules of Disciplinary Conduct of the State Bar of
Texas; or would jeopardize the City’s legal position in any administrative
proceedings or potential litigation involving said real property.
Regular Meeting of the City of Denton City Council on Tuesday, October 7, 2008 at 7:20 p.m. in
the Council Chambers at City Hall.
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October 7, 2008
Page 5
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. Presentation by Commissioner Andy Eads regarding the County’s bond program.
Commissioner Eads presented information on two bond issues which would be on the November
ballot. One involved the Transportation Road Improvement Program which he detailed the
proposed projects. Technology Improvements for fiber optic construction, juvenile case
management system, administrative complex wiring; and building and land were included in the
other issue. He detailed the projects involved in the Technology Improvement package.
B. Proclamations/Awards
Mayor Burroughs presented proclamations for Fire Prevention Week and Lions White Cane Day.
3. CONSENT AGENDA
Mayor Burroughs indicated that Item D was going to be removed from consideration.
Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 submitted a Comment Card regarding
Item D.
Kamp motioned, Thomson seconded to pull Item D from consideration. On roll vote, Heggins
“aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances as presented. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy
“aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
A.2008-233 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network and the Houston-Galveston Area Council (H-GAC) for the
acquisition of pipe bursting system equipment for the City of Denton Wastewater
Collection Department by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 4170–Interlocal Agreement for the
purchase of a Gruncrack/Ram Hercules tool and a 10 ton Grundowinch from ATT
Technologies, Inc. in the amount of $143,381.33, and a portable air compressor
from Ingersoll Rand in the amount of $46,330.69 for a total award amount of
189,712.02). The Public Utilities Board recommended approval (6-0).
B.2008-234- An ordinance approving Amendment No. 1 to the Professional Service
Agreement for Appraisal Services related to the 380 Utility Relocation Project, by
and between the City of Denton, Texas and Pyles Whatley Corporation to provide
for professional appraisal services in support of the City of Denton Engineering
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October 7, 2008
Page 6
Department; authorizing the expenditure of funds therefor in the amount of an
additional $77,000.00 (for the total not-to-exceed amount of $129,500.00);
providing an effective date. The Public Utilities Board recommended approval (5-
0).
C.2008-236 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a five foot wide sidewalk along the western side of
Woodrow Lane from McKinney to Morse Street; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3516–awarded to the lowest
responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the
amount of $174,841.01). (CIP Project Funding)
D.This item was not considered.
E.Approved the minutes of:
September 9, 2008
September 16, 2008
September 23, 2008
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning
district classification and use designation to a Neighborhood Residential 6 (NR-6) zoning district
classification and use designation; the area for zoning change encompasses 0.375 acres of land
located at the northwest corner of Ruth Street and Cross Timber Street, and is legally described
as Block 11, Lot 6 of the Alex Robertson Addition, in the City of Denton, Denton County,
Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof,
severability and an effective date (Z08-0005). The Planning and Zoning Commission
recommended denial (7-0). AC.
SUPERMAJORITY VOTE BY OUNCIL WAS REQUIRED FOR APPROVAL
Mark Cunningham, Director of Planning and Development, stated that the purpose of the
rezoning from NR-3 to NR-6 was to allow for the development of duplexes, which the applicant
planned to construct and rent at the corner of Ruth Street and Cross Timber Street. The existing
NR-3 zoning district did not allow duplexes. Currently there was a vacant single family home on
the lot which the applicant intended to demolish as it would not be cost effective to remodel.
Staff felt that changing the zoning to NR-6 would create a more intense zoning district on a
single lot, which was not a favorable planning practice because it created an isolated zoning
district. Even though the proposed use may be compatible with the nearby land uses, the
proposed zoning was not consistent with the zoning in the surrounding area. Currently there
were existing duplexes in the vicinity which were permitted prior to the city-wide rezoning in
2002. These duplexes were considered nonconforming uses or special exceptions. Both staff
and the Planning and Zoning Commission recommended denial. Because of the Commission’s
denial, a super majority vote by Council would be required.
Council Member Watts asked about the size of the surrounding lots.
Cunningham stated that they appeared to be much smaller in size.
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October 7, 2008
Page 7
Council Member Watts stated that this was an unusual situation as the NR-6 zoning would create
spot zoning but everything around it was nonconforming.
Council Member Heggins felt that this would be a good addition to the community if the NR-6
zoning was approved with the proposed building. She did not have a problem with the NR-6
designation.
Council Member Mulroy felt that the main issue was spot zoning. The staff recommendation
was to zone the property consistent with the neighborhood. Two neighborhood meetings had
been held regarding the proposal. He asked for a reasonable time frame if the city initiated a
rezoning of the entire area.
Cunningham replied that it could possibly be done within 6 months.
Mayor Burroughs felt there were two alternatives to fix the problem. One was a small area plan
and the other would be a city initiated rezoning of the area to make it consistent with surrounding
properties.
Cunningham stated that staff was already looking at those alternatives and had some preliminary
ideas on how to zone the area. It appeared at this time that the majority of area community was
against the rezoning of the property.
Mayor Burroughs asked if Council could legally rezone the property to NR-6.
City Attorney Burgess stated currently there were legal non-conforming uses spotted throughout
the neighborhood. Both staff and the Planning and Zoning Commission had recommended
denial which would require a supermajority vote by Council to pass a rezoning. She felt the
more cautious approach was to take conservative action and come back with better zoning plan.
Council Member Mulroy felt that Council created this problem when it assigned the zoning
district in 2002. He expressed concern in trying to stay away from spot zoning and wishing not
to prolong inequity in the area. He expressed a desire for a short time frame for a city initiated
rezoning. If Council denied the applicant, he would have to wait a year to resubmit.
Cunningham stated that staff could do a city-initiated rezoning request in less than 6 months.
Council Member Thomson stated that he was favorable toward the request as it would be a new
investment in the area but that it should be done in a proper way rather than spot zoning. He
questioned if the applicant would be willing to wait for the rezoning.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Roosevelt Washington, Jr. spoke in favor.
Adolphus Henry, 400 E. Mill, Denton, 76205 spoke in opposition.
Jack Johnson, 327 Ruth Street, Denton, 76205, spoke in opposition.
Carolyn Phillips, 901 Baldwin Street, Denton, 76205 spoke in opposition.
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October 7, 2008
Page 8
Mr. Washington was allowed a rebuttal. He stated that the proposal would have adequate on-site
parking and there would be no need for street parking.
The Mayor closed the public hearing.
Watts motioned, Kamp seconded to table the item, not to a date certain but until such time as the
city staff could have more meetings with other options explored. On roll vote, Heggins “aye”,
Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs
“aye”. Motion carried unanimously.
B. The Council held 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).
City Manager Campbell stated that staff would not be making a presentation unless one was
requested by Council. It was recommended that Council open the public hearing to allow
st
speakers but continue the item until the October 21 meeting.
st
Mayor Burroughs requested speakers only if they were unable to attend the October 21 meeting.
st
If an individual spoke at this meeting, he would not be allowed to speak at the October 21
meeting as he would have already used his time for this public hearing.
The Mayor opened the public hearing.
No one spoke during the public hearing.
Mulroy motioned, Kamp seconded to continue the public hearing to the October 21, 2008 City
Council meeting. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Tabled
1.– Consider adoption of an ordinance of the City of Denton, Texas,
for a zoning change from a Agriculture (A), Industrial Center General (IC-G),
Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community
Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning
districts to the Inspiration Master Planned Community (MPC) zoning district
classification and use designation; the area for zoning change encompasses 3,331 acres of
land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard
and is legally described as certain tracts of land in the E. Pizono Survey, Abstract
City of Denton City Council Minutes
October 7, 2008
Page 9
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
(Tabled from September 16, 2008)
Zoning Commission recommends approval (7-0).
5.ITEMS FOR INDIVIDUAL CONSIDERATION
None of the tabled items were considered.
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. ()
Tabled
B. – Consider 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 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 Safety Commission recommends
(Date tabled 8/19/08)
approval (9-0).
Tabled
C.– Consider 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 $500 for violations of this ordinance; and
providing for an effective date. The Traffic Safety Commission recommends
(Date tabled 8/19/08)
approval (4-3).
D. The Council considered nominations/appointments to the City’s Boards and
Commissions.
1. Parks, Recreation and Beautification Board
Watts nominated, Thomson seconded to appoint Carol Brantley to the Parks, Recreation and
Beautification Board. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
E. Citizen Reports
1.Council held a review of procedures for addressing the City Council.
2.Council received citizen reports from the following:
A.Nell Yeldell regarding services to the elderly and treatment of
parolees.
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October 7, 2008
Page 10
Ms. Yeldell stated that the elderly need to be able to receive their medications when they were
not able to pay for them. Parolees also did not have a chance once released from prison.
F. New Business and Announcements
Council Member Mulroy asked for an update on the DISD Safe Pathways to School project.
Council Member Thomson asked for a recommendation from the City’s Urban Forester
regarding the practice of requiring two street trees to be planted between the curb and
sidewalk for new home development. Was this the best use of the plantings?
Council Member Watts requested an update on the tree ordinance development. In particular
he was noticing that some new trees planted according to the current ordinance had died and
he questioned how long trees with new developments had to be maintained and when did
they have to be replanted.
Mayor Burroughs requested information concerning single family zoning in NR-4.
G. City Manager’s Report
City Manager Campbell indicated that according to an Attorney General’s opinion issued on
Monday, this item was not properly posted and would not be considered.
H. 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.
I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:06 p.m.
________________________________
MARK A. BURROUGHS, MAYOR
CITY OF DENTON, TEXAS
______________________________________
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS