December 7, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
December 7, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 7, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Heggins, Council
Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor
Burroughs.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for December 7, 2010.
Council Member Gregory asked if the policy for naming buildings in Consent Agenda J included
other facilities such as bridges.
City Manager Campbell felt that if the city owned the roadway with the bridge, the Council
should be able to consider naming it.
City Attorney Burgess stated that was correct as the definition of "city facilities" was broad
enough to include bridges.
Mayor Burroughs asked about Consent Agenda Item J, Section B4. The language stated "gifts"
and he questioned if those were factors to informally consider or were they weighted criteria.
City Attorney Burgess stated that the policy was designed to be criteria, not weighted factors.
They were considerations to be factored when discussing a naming.
Council Member Watts stated that this was the first time for Council to consider the proposed
policy. He felt he would be more comfortable if the item were not on the Consent Agenda and if
it had been a work session discussion. There were loose ends and some vague provisions that
needed to be discussed. He would like to table the item to discuss the general policy in a work
session and how to tighten up the policy. He was uncomfortable voting on it on the Consent
Agenda and as a general policy.
Mayor Pro Tem Kamp asked if the resolution for the naming policy had to be passed before the
naming of the animal services center.
City Attorney Burgess stated that there was a policy in place prior to the proposed one. It was
called a park naming policy but included more than just parks such as naming city hall and fire
facilities. She has cleaned up the policy and called it a naming policy for other city facilities. If
Council didn't pass the new policy, they could look at the old policy for consideration for the
naming.
Mayor Burroughs stated that the existing policy was a resolution. Council could move forward
with the naming and reconsider the policy at a later date as it was a guideline not an ordinance.
City of Denton City Council Minutes
December 7, 2010
Page 2
He noted that neither the old nor the new policy dealt with council initiating a naming request.
He felt it might be best to air the policy out a bit more before being adopted. The language in
Section F 1 of the new policy stated that once a building was constricted, it could not be named
and he felt that the wording was not clear in that area.
Council Member Watts stated that with Consent Agenda Item K, a private non-profit
organization was raising funds and an agreement was done with a donor for a name of the
facility but there was nothing to tie that naming into full payment of the contribution. The
contribution would be paid out over seven years but he questioned what would happen if all the
funds were not raised. He suggested tying the naming to a promise to the Foundation which was
payment of that money.
Council Member King stated that the Foundation was committed to raising 50% of the money
needed. He would like to proceed with the naming of the facility.
Council Member Watts suggested adding wording in the resolution that in consideration of the
contribution, the city would agree to the naming rights.
City Manager Campbell stated Council was questioning if there was anything in the agreement
between the Foundation and the donor that bound the city once the facility was named and
questioning that the name could never change.
City Attorney Burgess stated that the city was not a party to the contract and was not bound by it.
A policy could be done allowing free naming of facilities.
Council Member Watts questioned if "city of Denton" would be noted somewhere on the facility
or would it just be the Linda McNatt facility.
City Manager Campbell stated that was how he read the agreement. "City of Denton" would be
no where on the facility.
Council Member Watts stated that he had no objection to the naming but wanted to further
discuss the policy.
Mayor Burroughs stated that Consent Agenda Item K would be considered independently and
Consent Agenda Item J would be pulled for a work session.
Council Member Engelbrecht asked about Consent Agenda Item A and the refurbishing of the
quint. He asked how long it would be out of service.
Mike Ellis, Fleet Manager, stated it would be out of service for 3 months from Station 5. There
would be a replacement engine put in that station during the rehabilitation work and once
completed, would be a complete recertification of the engine.
3. Receive a report, hold a discussion, and give staff direction concerning the implementation
of action items recommended by the Downtown Implementation Plan.
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December 7, 2010
Page 3
Brian Locldey, Development Review Committee Administrator, presented an update on the
action items recommended by DTIP.
Background - in August Council accepted the recommendations of the DTIP. The purposes of
the DTIP were to increase economic development in Downtown Denton, be a catalyst to achieve
the goals that define the vision for the Downtown Master Plan, to identify investment strategies
for short and long term goals in anticipation of the Downtown Denton Transit Center and to
address issues raised by the Downtown business community. He reviewed the boundaries of the
DTIP.
Elements of the plan - the elements included land use; parking; parks, recreation and open space;
architecture design; and linkages/street. Chapter 6 of the plan presented a framework for
strategic investment and action items. The action items included short term - 0-3 years; medium
term - 3-5 years and long term - 5-10 years items. He noted that some of the action items were
complete, some were on-going and some were in progress and reviewed a matrix of those items.
Hickory Street/Industrial Street - Micro sealing and striping had been done on the streets.
Hickory Street was changed from 51 parallel spaces to 61 angled spaces and Industrial Street had
been changed from 5 parallel spaces to 8 angled spaces. Narrow travel lanes resulted in a
slowing down of traffic movement.
Council Member Watts asked if Hickory Street would continue with the angled parking as
shown.
Langley stated that it would eventually be would be changed along with the sidewalks and
landscaping.
Downtown Traffic Study - Phase One would start in October and would quantify the destination
and pass-through traffic. Phase Two would start in December and would be a capacity analysis
of alternative routes to accommodate redirected traffic. Phase Three would be in March 2011 for
the purpose of analyzing the impact of the proposed DTIP cross-sections and provide guidance
for drafting the form based code and amending the Downtown Mobility Plan.
Form Based Code - dealt with general district standards, building standards, parking and
accessibility standards, lighting and mechanical standards, landscape standards, sign standards
and procedures.
Downtown Rail Station - the Transit Center would have bus lanes and bus shelters in January
2011. The Transit Center would be completed in February 2011. The Downtown Rail Station
was scheduled for June 2011. It would be located on Hickory Street from Bell to Railroad and
included pedestrian access and streetscape enhancement.
Solid Waste Pilot Program - the program would start November-December 2010 with trash and
recycling assessment and a finalization of a combination plan for the Square District.
Preliminary notification of the pilot program was mailed or delivered to Square District
businesses in November. There would be three informational group training events scheduled in
December. January 2011 would see the dumpsters delivered and the pilot program would be
started with final recommendations received by June 2011.
City of Denton City Council Minutes
December 7, 2010
Page 4
Hickory Street - Bell to Railroad was scheduled to be completed by June 2011 with public
improvements and sidewalks/streetscape enhancements. Locust to Ruddell was estimated to be
completed by 2013.
Wayfinding System Network - this network was staff initiated and would deal with type,
location, content, design and types of signs.
Council Member Watts asked about the $2 million funding for Hickory Street.
PS Arora, Division Manager-Wastewater, stated that the funding was expected to be coming
from the County.
Council Member Watts stated that those funds could or could not materialize.
Arora stated that staff would wait for the funding before doing design work, etc. on the street.
Council Member Gregory asked about an action item to consider regarding delivery tricks
blocking traffic on the Square. He felt that somewhere in the action items there was an
assignment for staff on moving forward with recommendation to Council on that situation. He
felt the deliveries could be done at better times or at better locations to facilitate traffic and safety
in the Downtown.
Locldey stated that there had been a recommendation to limit deliveries to different times.
Council Member Gregory suggested adding that to the action items.
Council Member Gregory asked for an explanation on how the traffic study and the mobility
plan would go together.
Locldey stated that the mobility plan presented overall rights for the city while the traffic study
determined what type of streets would be needed. The traffic study would show how much
traffic would flow in the Downtown once everything completed.
Council Member Gregory asked how the traffic study and mobility plan would mesh with the
bicycle study.
Arora stated that the scope of work for DTIP study would include all bike mobility noted in the
Jacob Study. Staff would be studying all of that block by block.
Council Member Gregory felt that staff should not depend too much on the bike study due to
some suggestions not being practicable.
1. Closed Meeting:
The Council considered the following in Closed Meeting:
City of Denton City Council Minutes
December 7, 2010
Page 5
A. Deliberations Regarding Real Property - Under Texas Government Code Section
551.072 and Deliberations regarding Economic Development Negotiations - Under
Texas Government Code Section 551.087.
1. Receive a report, hold a discussion and give staff direction regarding the
value of real property located on the Denton Municipal Airport, specifically
the area northeast of the Airport Terminal parking lot and the lease of said
property to NE Development and Constriction for the constriction and
operation of a restaurant where deliberation in an open meeting would have
a detrimental effect on the position of the City of Denton in negotiations
with a third person. This discussion shall include commercial or financial
information the City Council has received from company which the City
Council seeks to have locate, stay, or expand in or near the territory of the
city, and with which the City Council is conducting economic development
negotiations; including the offer of financial or other incentives.
B. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Discuss legal strategies and alternatives regarding potential litigation or
settlement, concerning the decision of the third party hearing examiner in an
employee disciplinary matter under Chapter 143 of the Texas Local
Government Code.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Police Appreciation Day
Mayor Burroughs presented a proclamation for Police Appreciation Day.
Mayor Burroughs recognized the Leadership Denton Class attending the meeting.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
City of Denton City Council Minutes
December 7, 2010
Page 6
B. Receive citizen reports from the following:
1. Carolyn Phillips regarding the ordinance for new customer service fees.
Ms. Phillips spoke again on the ordinance for the new customer service fees. She felt it was a
negative burden on a certain socio-economic factor of the City. She felt that the City would
sooner or later receive the money owed for customer service charges. It was detrimental to the
poor and elderly. She also spoke on the stimulus money from the federal government and how
after fixing up the homes, the money was taken back with the fees this ordinance implemented.
2. Hatice Salih regarding the Electric Department.
Ms. Salih commented on the ordinance for the new customer service fees. She questioned that if
the fees were about the money, why was it targeting the poorest in the city. She also questioned
a proposed contract for a consultant that was quite lucrative for a former employee. She
indicated that she had spoken to about 700 people and no one liked Section 26.2 of the ordinance
dealing with right-of-entry and questioned why that section was in the ordinance. She asked
Council to repeal the ordinance and take time to come to a more responsible ordinance.
4. CONSENT AGENDA
Mayor Burroughs noted that Consent Agenda Item J would be withdrawn and considered at a
future time.
Council Member Gregory motioned to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item J.
Mayor Pro Tem Kamp seconded the motion and asked if the motion included the revision to Item
K as noted in the Work Session with the agreement attached to the ordinance.
Council Member Gregory indicated that his motion included those provisions.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2010-303
A. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the unreserved fund balance of the General Fund, with
Certificates of Obligation with an aggregate maximum principal amount equal to
$1,939,550 so that General Fund vehicles and equipment may be purchased, and providing
an effective date.
Approved the minutes listed below.
B. Consider approval of the minutes for: November 1, 2010 November 2, 2010 November 9,
2010 November 15, 2010 November 16, 2010
City of Denton City Council Minutes
December 7, 2010
Page 7
Ordinance No 2010-304
C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute the attached agreement to consolidate the Financial
Advisory, Arbitrage Rebate, and Continuing Disclosure services agreements between the
City of Denton and First Southwest Company; approving the expenditure of funds therefor;
and providing an effective date.
Ordinance No. 2010-305
D. Consider adoption of an ordinance of the City of Denton, Texas, extending the term of a
right of entry and possession dated March 3, 2009, as extended on May 5, 2009, as extended
and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as
extended on September 15, 2009, as extended and expanded on September 22, 2009, as
extended on November 3, 2009, and as extended on December 11, 2009 (as amended and
extended, the "Right of Entry"), in favor of the Denton County Transportation Authority
(DCTA) and authorizing DCTA to enter upon and take possession of certain real property
of the City of Denton for the purpose of performing activities as described in the Right of
Entry; and providing an effective date.
Ordinance No. 2010-306
E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving a grant application from Tim Love, owner of Love BS 43, a Texas Limited
Liability Company, from the Downtown Incentive Reimbursement Grant Program not to
exceed $10,000; and providing for an effective date. The Economic Development
Partnership Board recommends approval (5-0).
Ordinance No. 2010-307
F. Consider adoption of an ordinance authorizing the City Manager to execute Change Order
Number Ten to the contract between the City of Denton and Thaten Construction, Inc.;
providing for a refund of the expenditure of funds therefor; and providing an effective date
(Bid 4336-Change Order Number Ten to Fleet Fueling and Trick Wash Facility in the
amount of ($105,317) for a total contract award of $2,067,111.50).
Ordinance No. 2010-308
G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of Bioxide for the City of Denton
Wastewater Department, 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 4574-to Siemens Water Technologies Corp. in the amount of $2.14/gallon for an
annual estimated amount of $60,000). The Public Utilities Board recommends approval (5-
0).
Ordinance No. 2010-309
H. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) Program for the purchase of six new roof top heating, ventilating, and
air conditioning (HVAC) units for City of Denton South Branch Library and one roof top
City of Denton City Council Minutes
December 7, 2010
Page 8
HVAC unit for City of Denton City Hall East as awarded by the State of Texas Building
and Procurement Commission (Contract TXMAS-10-03FAC070); providing for the
expenditure of funds therefor; and providing an effective date (File 4615-Roof Top HVAC
Unit Replacement awarded to Brandt Engineering, in the amount of $260,655).
Ordinance No. 20 10-3 10
L Consider adoption of an ordinance authorizing the City Manager to execute a First
Amendment to Professional Services Agreement with Freese and Nichols, Inc. to provide a
traffic operations study for the Downtown Implementation Plan for the City of Denton,
Texas; authorizing the expenditure of funds therefor; and providing an effective date (First
Amendment in the not-to-exceed amount of $90,000; aggregating $114,000).
This item was not considered.
J. Consider approval of a resolution amending a policy setting guidelines regarding the
naming of City buildings, facilities and parks; and declaring an effective date.
Resolution No. 2010-045
K. Consider approval of a resolution naming the City of Denton Animal Care and Adoption
Center; and declaring an effective date.
Ordinance No. 20 10-3 11
L. Consider adoption of an ordinance approving and authorizing the City Manager of the City
Manager of the City of Denton, Texas to execute and deliver a fourth amendment to the
Master Lease Agreement, by and between the City of Denton, as Lessor and the Denton
County Transportation Authority (DCTA), as the Lessee, amending that certain Master
Lease Agreement, dated on or about September 30, 2005, by and between the City of
Denton, Texas as Lessor and DCTA, as Lessee, pertaining to certain leased premises
located in the G. Walker Survey, Abstract Number 1330, Denton County, Texas; and
providing an effective date.
Ordinance No. 20 10-3 12
M. Consider an ordinance suspending certain portions of Section 2-29 of the City Code relating
to Rules of Procedure for the City Council of the City of Denton, Texas until April 1, 2011
and substituting alternative provisions through March 31, 2011 for the purpose of testing
interim riles of procedure herein established; and declaring an effective date.
Ordinance No. 20 10-3 13
N. Consider adoption of an ordinance authorizing the City Manager to execute Change Order
Number Three to the contract between the City of Denton and S. J. Louis Constriction of
Texas, LTD; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4466-Change Order Number Three to North-South 42-Inch Water Transmission
Main in the amount of $90,706.08 for a total contract award of $4,781,946.28).
City of Denton City Council Minutes
December 7, 2010
Page 9
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution No. R2010-046
A. Consider approval of a resolution of the City of Denton, Texas, adopting the City of
Denton's 2011 State Legislative Program for the 82nd Texas Legislature; and
providing an effective date.
John Cabrales, Public Information and Intergovernmental Relations Officer, stated that the
proposed resolution would approve the 2011 state legislative program. He reviewed the
provisions of the document including preserving local government authority and preserving
authority over gas well and pipeline operations.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding a rezoning
from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on
approximately 6.836 acres. The property is located at the northeast corner of
Glenwood Lane and East University Drive (U.S. 380). (Z10-0007, 1411 E.
University Dr.) The Planning and Zoning Commission recommends approval with
an overlay district (3-2). DUE TO OPPOSITION OF MORE THAN 20% OF THE
OWNERS OF LAND WITHIN 200 FEET OF THE SITE, A SUPERMAJORITY
VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.
Mark Cunningham, Director of Planning and Development, presented the details of the proposal.
The applicant was requesting to rezone the property to allow for the uses permitted within the
NRMU-12 zoning district with the addition of a restrictive overlay. All permitted uses within the
NRMU-12 would be allowed except for laundry facilities which the neighborhood had indicated
they did not want. A number of residents who had previously indicated opposition to the
proposal had removed their opposition so that a supermaj ority vote for approval was no longer
required. The property was undeveloped except for one residence on the property. The northern
150 feet would be a no build zone with only certain permitted uses such as single-family,
professional service and office uses. The southern portion would be allowed for all uses as
designated in NRMU-12. In addition, in the 15-foot buffer area a Class C buffer would be added
to the restricted zoning area. A 6-foot high solid screen fence would be installed and if made of
wood would be cedar. If the restricted area was developed with only professional/office, the
fence would be built per the Denton Develop Code with conditions of A, B and C. Originally,
fifteen respondents were in opposition to the proposal which represented more than 20% thus
triggering a supermajority vote of Council. However, today many of those in opposition had
rescinded their opposition so that currently the opposition was only at 18%. A supermaj ority vote
of Council would no longer be required. The Planning and Zoning Commission and the
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December 7, 2010
Page 10
Development Review Committee had recommended approval with the restrictive overlay
conditions.
Council Member Gregory asked if the architectural restrictions applied only to 150 foot buffer
area or to the entire property.
Council Member Gregory noted that there was a restriction of one-story in height but no
restrictions on the number of feet for the one-story. He asked if there were any height
restrictions in the overlay requirements.
Cunningham stated that under normal NRMU height restrictions a permit would not be needed.
Council Member Gregory stated that the southern part of property would be eligible for
multifamily strictures and/or commercial. He questioned how many multifamily units would be
eligible.
Cunningham stated that he did not have those calculations but that multifamily would be only
allowed by a specific use permit or as part of a mixed use development site.
Council Member Gregory stated that citizens had expressed concern about access to the property.
He asked if the access would be from University or just from Glenwood.
Cunningham stated that according to Code access would be from the lesser street which would
be Glenwood. He was not sure if the applicant had made application to TxDOT regarding access
from University.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
John Porter, applicant, spoke in favor
Council Member Gregory stated that the architectural standards indicated 80% exterior masonry.
The examples Mr. Porter showed of similar buildings he had developer showed 100% masonry.
Porter indicated that he would be agreeable to moving to a higher percentage if the Council
desired.
Mayor Burroughs asked what was the difference between what was being asked for in the 150
foot buffer area and the remainder of the property that abutted University.
Porter stated that in the non-buffer area light retail would be allowed such as flower shops but
not restaurants. There would be no multi-story developments as it wasn't financially sound to
build there for multi-family.
Council Member King asked if the single story restriction was for the whole development.
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December 7, 2010
Page 11
Porter replied correct that all buildings would be one story with all brick or stone. The restrictive
covenants would run with the land so they would remain even with a change in ownership.
Larry Reichhart, 2405 Mustang Drive, Grapevine, 76051 - spoke in favor
Mayor Pro Tem Kamp asked if the access would be off Glenwood.
Reichhart replied yes that they would have to get a variance from the State to have access off
University. Right now, Code indicated that they had to use Glenwood.
Council Member Gregory asked about lighting restrictions.
Reichhart stated that the lighting requirements in the Code addressed the issue.
Council Member Watts asked about the height restriction and what was the height of the
buildings Mr. Porter had shown Council.
Porter stated they were approximately 30-31 feet and that he would be agreeable to limiting the
buildings in the proposal to that height.
Reichhart stated they could determine the exact height and put that restriction in at a later date.
Council Member King asked about the access off University and the variance needed.
Mayor Burroughs stated that the variance would be with the city and the state.
Beth Bates-Verges, 1410 Greenwood Drive - opposed
Roy Verges, 1410 Greenwood Drive - opposed
Tim Fisher, 1603- Greenwood Drive, opposed
Council Member Watts asked Mr. Fisher about the buffer zone. It appeared that Mr. Fisher did
not have an issue with professional/office or single-family detached but was concerned about
single-family attached.
Fisher stated that was correct as far as he was concerned. He had suggested to the applicant that
he restrict the property to professional/office and a lower density residential but did not get a
favorable response.
Paul Chandler, 1320 Greenwood, Denton, 76209- opposed
Council Member King asked what type of fence Mr. Chandler would like on the property.
Chandler stated a higher and more substantial fence.
Council Member Watts stated that there was natural vegetation along the property line and asked
if it would be advantageous to leave it there or remove and put in a different buffer.
Chandler stated that the current buffer might be a maintenance problem for some people with the
bamboo; however, it was a natural barrier that blocked out noise.
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December 7, 2010
Page 12
Council Member Gregory asked Mr. Chandler that if in the 150 foot buffer zone there were
stricter lighting and height limit requirements and higher architecture standards such as 100%
masonry no matter who owned property, would that raise the comfort level for him.
Chandler stated that any enhancement would make the ultimate decision better. He was also
concerned about the proximity of the building line to the back of his lot and the nature of the
strictures.
Council Member Gregory stated that those could possibly be restricted to offices.
Preston Enzeusperger, 1418 Greenwood, Denton 76209 - opposed
Kay Copeland, 1709 Laurelwood, Denton 76209 - opposed
Donald Wright, 2025 Glenwood, Denton, 76209 - opposed
Warren Whitson, 1905 Laurelwood, Denton, 76209 - opposed
Mayor Burroughs stated that the following comment cards were received in opposition:
Geraldine Muirhead, 1502 Greenwood, Denton, 76209
Kerol and Carolyn Harrod, 2319 Robinwood Lane, Denton, 76209
Rose Harpool, 1921 Laurelwood, Denton, 76209
Martha Len Nelson, 2603 Brookfield, Denton, 76209
Beverly Chambler, 1320 Greenwood, Denton, 76209
Diana Ensensperger, 1418 Greenwood, Denton, 76209
Mary Mitchell, 13 10 Greenwood, Denton, 76209
Marcia Merritt, 1915 Williamsburg, Denton, 76209
Louise Brooks, 1510 Greenwood, Denton, 76209
Doris Roush, 1518 Greenwood, Denton, 76209
Reichhart was allowed a five minute rebuttal. He stated that all of the guarantees indicated by
the applicant were put in the overlay so that they would have to be done. Regarding the bamboo,
the residents had previously said to take out the bamboo. He felt it was hard if not impossible to
market a site until the zoning was in place and a site plan couldn't be done until the zoning was
in place. They had tried to address the issues raised with the land use and overlay. Access was
the number one issue with them as well as with the neighbors. They wanted access from
University but the Code required access off of Glenwood. Mr. Porter would be the developer of
the property and had a vision for the use of the property. The NRMU zoning was appropriate for
the site as it was the lowest commercial zoning available.
Porter stated that they had gone to the neighborhood along Greenwood, had good visits with
them and could see their concerns. He didn't have a plan as it was hard to go to the expense to
formulate a plan and then not have the zoning approved. He had a track record of building nice
buildings and planned to build ones similar to those with the highest quality architect standards.
He did not want to build single-family homes. If Council wanted to make the 150 foot barrier all
professional/office, he would not have a problem with that.hat. If the neighbors wanted to keep
the current trees and vegetation he would do that. He, too, wanted access off of University
instead of Glenwood but he would have to get a variance to do that.
Council Member Engelbrecht asked about the variance process from the city for the curb cuts.
City of Denton City Council Minutes
December 7, 2010
Page 13
Richhart stated that the Denton Development Code would not allow the curb cuts except through
a variance process which also involved asking the State for a variance. The State would more
than likely grant the variance if approved by the city. A site plan would not be approved until
the curb cuts were granted.
Council Member Engelbrecht asked if the applicant would have a problem with having the trees
in the 15 foot buffer being at least 25 feet and of a certain type.
Porter stated that he had planted 20 Live Oaks in his other development that were at least that
size. The neighbors on Glenwood were told that he would plant mature trees to make a nice
drive through neighborhood.
Mayor Burroughs noted that one concern with the buffer area was the proposed attached single
family which generally was a townhome concept. He questioned if the applicant would be
willing to delete that use.
Porter indicated that he would be willing to take out the single family use as he only wanted to
build professional/office. He would be willing to make all of the 150 foot buffer zone office
buildings in that buffer.
Mayor Burroughs asked if it would be possible to condition the zoning on a variance for utilizing
University for the primary access.
Reichhart stated that they had proposed that three months ago but staff said could not be written
that way.
Council Member King asked if the applicant would be willing to constrict an eight foot masonry
wall on the Greenwood side.
Porter indicated yes if that was what the neighbors wanted.
Richhart cautioned that an eight foot fence would be very high.
The Mayor closed the public hearing.
Mayor Burroughs asked what kind of tools were available to condition the site plan to deal with
the access issue.
Cunningham stated that a condition could not be done for access off University Drive.
City Attorney Burgess stated that imposing a condition as an application for a variance was one
thing but receiving approval was another which did not appear to satisfy the direction of Council.
Another tool might be to limit the access on Glenwood or to require a site plan now to impose
that kind of condition.
City Attorney Burgess reviewed the outstanding issues still to be decided. They included the
type of fencing material, masonry requirements if single-family were allowed, and height
restrictions if single-family were allowed.
City of Denton City Council Minutes
December 7, 2010
Page 14
Council Member Watts questioned the change in the supermajority vote requirement and what
was the legal position of when it happened. He questioned if it went right up to the time of the
staff presentation. He heard from the neighbors that access to Glenwood was major issue and the
perception was certain that access would not be on Glenwood. The applicant was already in
agreement to withdraw single-family and only develop office/professional so he questioned why
other uses would be allowed. He felt restrictions should be placed on the property to get to the
best use of the property. The access issue needed to be resolved. Even if the zoning remained at
NR-3, access would still be required off Glenwood. He asked about the material for the fence.
Cunningham stated that it would be a tubular steel wrought iron fence.
Council Member Watts questioned the height and type of fence along the back road. If
professional/office was in the buffer zone, how the parking or dumpster placement would be
located as he felt parking would not be on the back side of the buildings.
Cunningham stated that Solid Waste would need a convenient route to service the screened
dumpsters. There were no specifics for parking and dumpsters at this time as that would be done
when the site plan was done. The overlay could add a condition that parking would not be
permitted in x amount of feet from the property line. Given the shape of the property it probably
would be best to put the building up against the property line and put parking in front.
Council Member Gregory questioned if the driveway could be moved from the current location
to a location further to the east where University had a break in the median.
Cunningham stated that the driveway curb cut would need TxDOT permission. A site plan
would require thousands of dollars with no guarantee for a variance that zoning would not be
approved.
Council Member Gregory motioned to table the item in order to put into place some of the
statements in the overlay regarding a specific height of the buildings; defining the architectural
standards with more specifics such as 100% masonry on all buildings and incorporate the look of
the architecture shown by the applicant on previous buildings; specify the people on Greenwood
would not have light spillover and that the lights would be shielded; and conditions for the buffer
zone fence.
Mayor Pro Tem Kamp seconded the motion.
Mayor Burroughs questioned if the motion included removing single-family from the buffer
zone.
Mayor Pro Tem Kamp included questions about the vegetation and fence requirements.
Council Member Engelbrecht suggested including the 25 foot height requirement for the trees in
the back or work with the neighbors on the size of the trees. He also suggested the neighbors
give consideration of an eight- foot fence as they were very tall and could be imposing.
Council discussed whether to continue to the item to an event certain such as the conclusion of
the negotiations of the points mentioned earlier or a date certain.
City of Denton City Council Minutes
December 7, 2010
Page 15
Council Member Gregory and Mayor Pro Tem Kamp agreed with their motion and second to
postpone the item to the first meeting in February.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2010-314
B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning
from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2
(DR-2) zoning district on approximately 0.3159 acres. The property is located
approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on
the east side of Avenue A. (Z10-0011, 911 Avenue A) The Planning and Zoning
Commission recommends approval (4-1).
Mark Cunningham, Director of Planning and Development, stated that this request was to rezone
approximately 0.3159 acres from DR-1 to DR-2. The applicant was proposing to redevelop the
property as a multifamily project. Based on the size of the property, a maximum of nine two-
bedroom dwelling units could be constricted. Multifamily dwelling units were not permitted
within the existing DR-1 zoning designation; therefor, a rezoning to a more intense district was
requested. No opposition was received to the notices sent out regarding the proposed zoning.
The Planning and Zoning Commission and the Development Review Committee recommended
approval.
Council discussed the definition of a unit and the parking for the proposal.
The Mayor opened the public hearing.
Larry Reichhart, applicant, spoke in favor of the proposal.
The Mayor closed the public hearing.
Council Member Watts motioned, Council Member King seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 20 10-3 15
C. Hold a public hearing and consider adoption of an ordinance regarding a Detailed
Plan for an approximately 17.887 acre multi-family development located within a
Planned Development zoning district (PD-120). The subject site is located at the
northwest corner of Locust Street (F.M. 2164) and Beall Street. (PD10-0001,
Gardens of Denton) The Planning and Zoning Commission recommends approval
(6-0).
Mark Cunningham, Director of Planning and Development, stated that this proposal was part of
Planned Development 120. The applicant was proposing the constriction of an apartment
City of Denton City Council Minutes
December 7, 2010
Page 16
complex that would consist of eight three-story buildings with a total of 192 residential units.
The subject property was currently undeveloped. The Planning and Zoning Commission and the
Development Review committee recommended approval contingent on the submitted detailed
plan, drainage plan, utility plan, landscape plan and building elevations.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 20 10-3 16
D. 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.
Linda Ratliff, Director of Economic Development, presented the details of the proposal and
reviewed the boundaries of the zone. Projects included parking/transportation, complete streets,
drainage/utilities improvements and economic development projects for a total of $24.8 million.
$14 million had been reduced from the parking project and the difference was spread among the
other proposed projects. A seven-member board was proposed with the following qualifications -
2 council members, 2 property owners and/or residents in the TIF district, 2 business owners in
the TIF district and/or Chamber of Commerce Board of Directors and 1 qualified voter of the
city. The members would be appointed by the Council. The Board would develop the final
projects and finance plan and present them to the Council for approval.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Larry Luce, 2200 Pembrooke Street, Denton, 76205 - opposed
Lynn Holt, 2520 Bowling Green, Denton, 76201 - opposed
Bob Clifton, 1800 Morse, Denton, 76201 - opposed
Comment cards were received in opposition from:
Robert Donnelly, 3900 Quail Creek Road, Denton, 76208
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207
City of Denton City Council Minutes
December 7, 2010
Page 17
The Mayor closed the public hearing.
Council Member Watts stated that he was not in opposition to Downtown development but rather
to the methodology of the TIF to accomplish that.
Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", Council
Member Watts "nay" and Mayor Burroughs "aye". Motion carried with a 6-1 vote.
7. CONCLUDING ITEMS
A. 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 AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official,
public employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Heggins asked that the lighting in the area of Teasley Lane between 1315 and
Dallas Drive be looked at as it was very dark in that area at night and made driving difficult.
Mayor Burroughs asked staff to review Dallas Drive from Eagle to the railroad bridge as it was
difficult to see the lane markings there in the morning.
Council Member Heggins asked Council to rethink the late fees being imposed in the customer
service ordinance.
Council Member Engelbrecht asked about moving up the process of installing the traffic signal at
the corner of Teasley and Robinson.
B. 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.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
December 7, 2010
Page 18
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:50 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS