April 03, 2018 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
April 3, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 3, 2018 at 11:30 a.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff,
Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and
Mayor Watts.
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 April 3, 2018.
Staff responded to the Council’s requests for clarification on the following items:
Council Member Gregory - Consent Agenda Item E
Council Member Briggs – Consent Agenda Item A
Mayor Watts – Consent Agenda Item A
Mayor Watts recognized Chief Robin Paulsgrove for his outstanding service to the City of Denton.
3. Citizen Comments on Ethics Related Work Session Report Items
There were no citizen comments on Ethics Related Work Session Report Items.
4. Work Session Reports
A. DCA17-0011e Receive a report, hold a discussion, and provide staff direction concerning
the proposed revisions to the Denton Development Code regarding environmentally sensitive
areas (Subchapters 3, 17, and 23).
Deborah Viera, Assistant Director of Environmental Services, provided the staff report regarding
proposed revisions for environmentally sensitive areas. She noted the types and functions of
environmentally sensitive areas (ESAs), the reasons for the revisions and the public vetting of the
thst
proposed revisions. She detailed an overview of the February 7 and February 21 Planning and
Zoning Commission meeting regarding the proposed revisions. The proposed changes included
the development of an ESA Criteria Manual; credits for meeting multiple city requirements
through the preservation of ESAs; and an appeal process for ESA field assessments through the
Zoning Board of Adjustment.
Council discussed:
Whether the proposal would allow for an appeal of the floodplain
Total removal of the ESA would not be allowed
Whether the appeal process would provide more of an avenue for developers to use
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The Zoning Board of Adjustment appeal process might allow them to act outside the
recommendations of the experts
It was important to have an appeal process in place
Whether the Zoning Board of Adjustment would have the authority to determine if an ESA
was necessary; whether they could overturn the field assessment need for an ESA
Consider using the same process for an appeal as was currently in place for an appeal for an
Alternate ESA
Viera continued with classification of flood ESAs, utility crossings, and mobility plan roadways.
Council discussed:
The process of coordinating the mobility plan with proposed ESAs
How the environmental clearance process coordinated with ESAs and roadways
Consider adding alternate language that underground boring would be the preferred option for
the installation of utility crossings
Viera continued with private driveways, preservation of Upland Habitat, criteria for approving
Alternate ESA plans, and necessary next steps.
Consensus of the Council was to proceed with the discussed changes.
B. ID 18-515 Receive a report, hold a discussion, and provide direction regarding current City
of Denton facilities and how to proceed with planning for future needs.
Mark Nelson, Director of Transportation, presented the staff report regarding planning for future
needs for City Hall facilities.
Kelly Morgan, Nelson Morgan Architects, presented the overview of his presentation which
included issues; goals and objectives; concept implementation; parking; recommendations; and
probable costs. He noted the Master Plan Vision, concept implementation challenges for City Hall
East, City Hall, recommendation to a centralized facility, and a One Stop shop concept.
Council discussed not underbuilding a new facility in terms of future expansion and consider costs
for adding floors to a building now instead of waiting until the need was there.
Morgan reviewed the presentation made to Council in November of 2016 as opposed to the current
presentation, and the proposed 2026 concept implementation.
Council discussed concerns with disturbing the O'Neill Ford portions of the existing building,
consider a separate facility instead of connecting to the current building, and consider a location
at the corner of Bell and McKinney.
Morgan continued with proposed options for space implementation, existing parking and proposed
parking.
Council discussed the various options presented, noting their preferences regarding the options.
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Morgan concluded with Master Plan recommendations and visions in terms of transition of City
Hall East to a centralize City Hall, relocation of Development Services to a central facility, and
relocation of the Emergency Operations Center with associated costs.
Council discussed reconfiguring the proposed additional site so as to not hide the current site, think
long term and larger for future growth. Consensus was to continue in terms of Council's
suggestions noted during the presentation.
Morgan presented a preliminary schedule and next steps and goals with direction.
C. ID 18-527 Receive a report, hold a discussion and give staff direction regarding a Citizen
Comment Pilot Program for Section 3.B. items ("Receive Scheduled Citizen Reports from
Members of the Public") of the City Council’s Regular Meeting Agenda, which pilot
program was enacted by Ordinance No. 2017-402.
Victor Flores, Deputy City Attorney, presented a summary of the pilot program and questioned if
Council would like to continue with the current program.
Council discussed removing the 2 minute council discussion and add back a minute to the citizen
speaker resulting in a 4 minute scheduled citizen report.
Consensus of the Council was to proceed with making that change.
D. ID 18-531 Receive a report and hold a discussion and provide direction regarding the
appointment of an Alternate to the Board of Directors of the Denton County Transportation
Authority.
Mark Nelson, Director of Transportation, provided the background information concerning the
appointment of an alternate to the Board of Directors of the Denton County Transportation
Authority. He noted the options available for Council consideration. Mayor Pro Tem Bagheri had
recommended a new alternate, Donna Bloom, for Council consideration.
Council discussed the alternate recommendation and noted that the item would be considered at
the evening meeting.
E. ID 18-560 Receive a report, hold a discussion, and give staff direction regarding the G.
Roland Vela Athletic Complex capital project.
Laura Behrens, Assistant Director for Parks and Recreation, made the staff presentation regarding
the Vela Athletic Complex. She noted an overview of the funding history of the project, the
evolutions of site selection, funding strategies, current funding status, construction options, and
project options.
Council discussion included:
The costs for the concession stand and restrooms
The buildings would be constructed as safe zones in terms of weather related issues and in
terms of durability over the years
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The bids received were consistent with all of the bidders in terms of price
Provide a detailed analysis of the concession stand and bathroom costs
Consider sponsorship of the concession stand
Consider food trucks instead of a concession stand
Consider mobile restrooms instead of a permanent facility
Consider elimination of the concession stand as it would save costs and the food trucks would
provide revenue to the city
Bryan Langley, Deputy City Manager, reviewed the use of the RTR funding for the project in
terms of using interest earnings and not the actual CO obligation. Cash funding was also available
through the Fund Balance.
Council continued discussion:
Consider the use of the RTR funding and cash options (Option 2)
Consider an alternate of just the restrooms and not the concession stand
Consider a reduction in the playground amenities
Consensus of the Council was to proceed with a full build out with alternatives for the concession
stand and consider changing the current ordinance to allow food trucks to sell in the area.
F. ID 18-508 Receive a report, hold a discussion, and give staff direction on a draft ethics
ordinance from attorney Alan Bojorquez.
Alan Bojorquez presented changes from Ordinance Draft B to Ordinance Draft C in terms of
adding language regarding business partnerships.
Council discussed:
Whether to have the report be on an annual basis
Whether to include PUB and P&Z, but probably was not needed as it could be incorporated
into the required disclosure form, use specifically when a business was coming before Council
and not just a blanket disclosure
Wording needed to be crafted to not have unintended consequences
Consensus - if an applicant was before Council and had a business interest unrelated to that
before Council, it would be disclosed
Bojorquez continued that subsequent work language had been added to clarify that a mere voting
on the issue would not enable that provision. He suggested Council might also consider a one year
rather than a two year prohibition.
Council discussed:
The line of delineation might be discussions done in public rather than those done in private
Whether meeting with a developer to obtain information on a project would evoke subsequent
work provision
If the time period for this provision was changed, change it throughout the entire ordinance
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Bojorquez continued with proposed changes to sections 3-114 with allegations going through the
Fraud, Waste and Abuse hotline and not create an investigation under the ethics ordinance; Boards
of Ethics 3-117 with removal of member from the Board for cause by Council; and Nepotism 3-
124 amended in terms of City Council, department supervisor, pre-existing employment.
Council discussed:
Various scenarios regarding activity in businesses and disclosure of those activities and
balancing those disclosures as well as representation of others in subsequent work
Whether the provision for subsequent work prohibition should be included in the ordinance at
all as it would limit those who might want to serve
The effect on a small family owned business with these provisions
Clarification of "coming before the City"
Consider altering the wording to allow for public representation from a former city official
Prohibit representation for one year coming before the Board on a discretionary issue
An individual would be able to represent himself, just not another paid third party.
Bojorquez stated that standards of civility could be added.
Council discussed whether to include this provision due to definitions of the language and inability
to enforce.
Bojorquez continued with whether the Board of Ethics members would require a criminal
background check versus the language already proposed. He suggested adding but not replacing
what currently had been decided.
Council discussion included:
What do with information from a criminal background check in terms of how long ago an
incident occurred and the type of incident
Whether to maintain the current preference language
Consensus was that there was no need for a criminal background check and leave the
preference language in the ordinance
Bojorquez continued the detailing the gift language in terms of attending an event if it was a
charity or community happening and host was present. The $600 gross annual income threshold
applied to a business entity before the City or a client from that business entity. He noted that
Council could add a W-2 of a 1099 income reporting.
Council discussion that the definition was sufficient and did not include clients. Consensus was
to retain the current wording.
Bojorquez continued with the three member subpanel of the Board of Ethics and provided reasons
why it was included.
Council discussion included:
The need for a panel as it was a preliminary hearing to determine whether a complaint was
valid
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How the rotation would be determined
Who would be in charge of the rotation
How long a member would serve on the panel
Consensus was to determine those elements as part of the procedural rules subject to Council
approval
Bojorquez discussed advisory opinions in terms of timing of the decisions as that could be critical
and the possibility of providing for an alternate method due to the timing issue such as the use of
an outside attorneys to render those opinions.
Consensus of the Council was to use the panel for advisory opinion and provide options for
instances when an opinion was needed in a more timely manner.
Council Member Ryan questioned an instance when two members of Council might have a conflict
of interest and a supermajority vote was needed. Further research would be done in this area but
one possibility was to change the definition of a supermajority vote.
Mayor Pro Tem Bagheri suggested adding wording in the definition section when there was an
actual knowledge needing disclosure.
Council discussed the definition of vendors in terms of a vendor contract relationship with the City
and providing a service to the city as opposed to a partner with the City.
Mayor Pro Tem Bagheri questioned the type of nonprofit board to include and suggested using
governing board in the wording.
G. ID 18-516 Receive a report, hold a discussion, and give staff direction regarding the
development of an ethics policy for all City of Denton employees.
This item was not discussed.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 18-432 Deliberations regarding a Personnel Matter - Under Government Code Section
551.074
Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City
Manager and City Attorney.
This item was not discussed.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
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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. ID 18-499 Denton Arbor Day
Mayor Watts presented the proclamation for Denton Arbor Day.
B. ID 18-500 University Day
Mayor Watts presented the proclamation for University Day.
C. ID 18-501 Child Abuse Prevention Month
Mayor Watts presented the proclamation for Child Abuse Prevention Month.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public
There were no scheduled citizen reports.
C. Additional Citizen Reports – Open Mic
David Smith addressed the Council regarding the Denton County Transportation Authority in
terms of loss of ridership and the growing cost of service. He also presented information on the
Access system and demand response.
4.CONSENT AGENDA
Council Member Gregory motioned, Council Member Ryan seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member
Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Motion carried unanimously.
Ordinance No. 18-412
A. ID 18-412 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for household hazardous disposal services with Green Planet Inc.; providing for the
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Page 8
expenditure of funds therefore; and providing an effective date (RFP 6618-awarded
to Green Planet Inc., in the three (3) year not-to-exceed amount of $216,350). The
Public Utilities Board recommends approval (6-0).
Ordinance No. 18-416
B. ID 18-416 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the purchase of substation Remote Terminal Unit (RTU) software and Human
Machine Interface (HMI) software, with Subnet Solutions, Inc., which is the sole
provider of this software. In accordance with Texas Local Government Code 252.022,
provides that procurement of commodities and services that are available from one
source are exempt from competitive bidding; and if over $50,000 shall be awarded
by the governing body; and providing an effective date (File 6500 awarded to Subnet
Solutions, Inc. in the three (3) year not-to-exceed amount of $307,980). The Public
Utilities Board recommends approval (6-0).
Ordinance No. 18-425
C. ID 18-425 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the United Way of Denton County
for the purpose of expenses for Denton County Barriers Fund; providing for the
expenditure of funds therefor; and providing for an effective date. ($200)
Ordinance No. 18-426
D. ID 18-426 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and The University of North Texas for
the purpose of hosting the African Cultural Festival; providing for the expenditure of
funds therefor; and providing for an effective date. ($350)
Resolution No. 18-467
E. ID 18-467 Consider approval of a resolution authorizing the city manager to execute
a Memorandum of Understanding on behalf of the City of Denton with the Denton
Independent School District, relating to the School Resource Officer program;
increasing the DISD reimbursement from $199,085 to $404,390; and providing an
effective date.
Ordinance No. 18-488
F. ID 18-488 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation, authorizing the City Manager, or his designee, to execute
a contract through the Buy Board Cooperative Purchasing Network Contract # 515-
16 for the acquisition of one (1) replacement 2018 Case model 590SN Extended
Reach Backhoe for $92,897.24 for the Denton Municipal Electric Distribution
Department; providing for the expenditure of funds therefor; and providing an
effective date (File 6763 - awarded to Associated Supply Company, Inc., in the
amount of $92,897.24). The Public Utilities Board recommends approval (6-0).
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Ordinance No. 18-489
G. ID 18-489 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation, authorizing the City Manager, or his designee, to execute
a contract through the Buy Board Cooperative Purchasing Network Contract# 515-
16 for the acquisition of one (1) replacement Kubota model SVL95-2SHFC compact
track loader for $63,497.59 for the Water Distribution Department; providing for the
expenditure of funds therefor; and providing an effective date (File 6764 - awarded
to Zimmerer Kubota & Equipment, Inc., in the amount of $63,497.59). The Public
Utilities Board recommends approval (6-0).
Ordinance No. 18-492
H. ID 18-492 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for Maintenance and Repairs of TXDOT Street Lights with Standard Utility
Construction, Inc.; providing for the expenditure of funds therefore; and providing an
effective date (RFP 6640 awarded to Standard Utility Construction, Inc. in the three
(3) year not-to-exceed amount of $300,000). The Public Utilities Board recommends
approval (6-0).
Ordinance No. 18-496
I. ID 18-496 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the supply of Distribution Gang Operated Air Break ("GOAB") Switches for
Denton Municipal Electric to be stocked in the City of Denton Distribution Center;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6623-awarded to Techline, Inc., in the three (3) year not-to-exceed amount of
$166,000).
Ordinance No. 18-497
J. ID 18-497 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for Veterinary Services for the Linda McNatt Animal Care and Adoption Center with
RSVP Services, Inc.; providing for the expenditure of funds therefore; and providing
an effective date (RFP 6624 awarded to RSVP Services, Inc. in the four (4) year not-
to-exceed amount of $1,180,000).
Resolution No. 18-530
K. ID 18-530 Consider approval of a resolution confirming the appointment of Kenneth
W. Hedges, by the City Manager, as Fire Chief for the City of Denton Fire
Department, and declaring an effective date.
Ordinance No. 18-545
L. ID 18-545 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a three (3)
year Professional Services Agreement with Sawko and Burroughs, P.C., for
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Professional Services related to collection of delinquent taxes on behalf of the City of
Denton; and establishing an effective date. (File 6770)
Resolution No. 18-590
M. ID 18-590 Consider approval of a resolution of the City Council of the City of Denton,
Texas, nominating Council Member Ryan and Council Member Briggs to the
National Environmental Justice Advisory Council; and providing an effective date.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 18-494
A. ID 18-494 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for a utility assistance program supporting low-income households; providing for the
expenditure of funds therefore; and providing an effective date (RFP 6669- awarded
to Interfaith Ministries of Denton Inc. in the three (3) year not-to-exceed amount of
$375,000). The Public Utilities Board recommends approval (6-0).
Tiffany Thomson, Customer Service Manager, presented the staff report regarding the utility
assistance program. She noted the background of the request for proposal, new criteria for clients,
reporting criteria, takeaways and recommendations.
Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Resolution No. 18-533
B. ID 18-533 Consider approval of a resolution of the City Council of the City of Denton,
Texas, appointing an alternate representative to the Board of Directors of the Denton
County Transportation Authority; providing a repealer; and providing an effective
date.
Mark Nelson, Director of Transportation, provided the staff report on the resolution to appoint an
alternate representative to the Board of Directors of the DCTA. He noted that a nomination had
been made for Donna Bloom with a draft resolution for consideration.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to approve the resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
A. ID 18-524 Hold a public hearing regarding a draft ethics ordinance from attorney
Alan Bojorquez.
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Alan Bojorquez presented the update on the draft "C" of the proposed Ethics ordinance. He listed
the priorities for the ordinance, methodology for drafting the ordinance, purpose, applicability,
expectations, prohibitions, and key ingredients.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Monica Glen spoke in support with a question regarding $600 income limit
Erik Clark spoke in support with specific questions concerning serving on non-profit
boards, frivolous complaints and clarification of the term vendor
Gary Henderson spoke in support with a comment concerning non-profit organizations
Ken Gold spoke in support with a comment on full disclosure
Jill Jester expressed concern regarding service business in the community when serving in
a public fashion
The Mayor closed the public hearing.
Bojorquez responded to the citizen questions provided during the public hearing.
Council discussed:
Whether the language for governing/advisory board was included in the next draft
Disclosure definitions in terms of actual knowledge to be disclosed
The definition for vendors
Whether subsequent work only applied to contracts
Former city officials representing someone for compensation - modified language for a third
party in front of a board/commission such as the Public Utilities Board, Planning and Zoning
Commission or Council.
No action was required on this item at this time.
Ordinance No. Z18-0003a
B. Z18-0003a Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, regarding a zoning change from Neighborhood Residential 2 (NR-
2) to a Community Mixed Use General (CM-G) District on approximately 3.11 acres
and an initial zoning to a CM-G District on approximately 3.26 acres, the subject site
is generally located north of Teasley Lane, approximately 300 feet east of Old Alton
Road, in the City of Denton, Denton County, Texas; adopting an amendment to the
City’s official zoning map; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing a severability clause and an effective
date. The Planning and Zoning Commission recommended 6-0 to approve the
request.
Ron Menguita, Long Range Planning Administrator, presented the staff report on this proposed
zoning change on West University Drive/U.S. 380. He noted the details of the request for
Community Mixed use zoning, compatibility of surrounding zoning, rezoning analysis, mobility
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in the area, notification of the proposal, and recommendation of approval by staff and the Planning
and Zoning Commission.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Bagheri motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Item E was considered.
Ordinance No. DCA17-0011d
E. DCA17-0011d Hold a public hearing and consider adoption of an ordinance regarding
proposed revisions to the Denton Development Code, specifically to repeal and
replace Subchapter 17 Environmentally Sensitive Areas (ESAs), amend Subchapter
3 Procedures related to appeals, and amend Subchapter 23 Definitions by adding new
and replacing definitions. The Planning and Zoning Commission voted 4-2 to approve
the revisions with conditions. The Committee on the Environment recommended
approval 3-0. (DCA17-0011, Environmentally Sensitive Areas, Deborah Viera)
Deborah Viera, Environmental Services, presented the staff report regarding the proposed changes
to the environmental sensitive areas (ESAs). She noted the types of ESAs, functions of the ESAs,
reasons for the revisions, public vetting, and overview of consideration by the Planning and Zoning
Commission. She detailed the key revisions which included the creation of a criteria manual,
establishment of credits for preservation of the ESAs, appeals to follow procedures for alternate
ESA, classification of floodplain ESAs, utilities crossings, Mobility Plan roadways, private
driveway, preservation of Upland Habitat, criteria for approving Alternative ESA plans and
necessary steps. The Planning and Zoning Commission, Committee on the Environment and staff
recommended approval.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Council returned to the regular agenda order.
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C. Z17-0029a Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, regarding a change in zoning classification from Neighborhood
Residential 2 (NR-2) district and use classification to an Employment Center
Commercial Downtown (EC-C) district and use classification on approximately 1.79
acres of land located on the south side of West University Drive/U.S. 380
approximately 820 feet west of the intersection of West University and Thomas J.
Egan Road, in the City of Denton, Denton County, Texas; adopting an amendment to
the City’s official zoning map; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing a severability clause and an effective
date. The Planning and Zoning Commission recommended 5-1 to approve the
request. A supermajority vote by Council is required for approval.
Cindy Jackson, Senior Planner, presented the staff report for the rezoning request on West
University/U.S. 380. Her report included the proposed and current zoning on the property, the
analysis of the proposal per the Denton Plan 2030, compatibility with surrounding zoning, access
and mobility of the property, public notification and recommendation by the Planning and Zoning
Commission and staff recommendation.
The Mayor opened the public hearing.
Les Shacker - applicant, spoke in favor
Council discussed uses by right for EC-C.
The Mayor closed the public hearing.
Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance.
On roll call vote, Council Member Duff "aye", Council Member Gregory "aye", and Mayor Pro
Tem Bagheri "aye". Council Member Hudspeth "nay", Council Member Briggs "nay", Council
Member Ryan "nay", and Mayor Watts "nay". Motion failed with a 4-3 vote.
D. Z17-0032a Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, regarding a change in zoning classification from Neighborhood
Residential 6 (NR-6) district and use classification to a Neighborhood Residential 12
(NRMU-12) district and use classification with an overlay on approximately 8.887
acres of land generally located on the southwest side of Colorado Boulevard, approx.
315 feet northwest of San Jacinto Boulevard, in the City of Denton, Denton County,
Texas; adopting an amendment to the City’s official zoning map; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. The Planning and Zoning Commission
recommended 6-0 to approve the request with conditions.
Cindy Jackson, Senior Planning, presented the staff report on the rezoning request on property
located on San Jacinto Blvd and Colorado Blvd. Her report included an analysis on the proposal
in relation to the Denton Plan 2030, recommendation for an overlay district to limit to residential
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uses, mobility in the proposed location, public notification, and recommendation by the Planning
and Zoning Commission with conditions. Staff also recommended approval with conditions.
Council discussed that some of the notifications lacked reasons, the number of curb cuts in the
area, and standards for the proposed gated access.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Nancy Barnard – opposed
Doug McLaughin – opposed
Rick Adams – favor
Linda Dudley – opposed
Sandra Mann – opposed
Glenda Breeding – opposed
Marvin Wells – opposed
Mike Lambert – favor
Martha Henderson – opposed
Mayor Watts noted that Comment Cards were submitted by:
Sunita Naragana – favor
Cynthia Lebel – favor
Gudrun Jeffries – favor
Marvin Jeffries – favor
Sharon Jeffries-favor
David Summerlin – favor
Josh Griffin – favor
John Whaley – favor
Ken Fallin – favor
Alfred Balstion – opposed
Oscar Mason – opposed
Gerad Roland – opposed
Eric Schmitz, applicant, favor
June Wells – opposed
The Mayor closed the public hearing.
Council discussed:
The use would be attached single family dwellings
Consideration of the crash gate if there were not two access points and if not, the buildings
would have to be sprinkled
Mayor Pro Tem Bagheri read comments into the record from a person in favor of the proposal
The reasoning why a second curb cut was not allowed on Colorado and the fact that the crash
gate would be opening into private property
A concern regarding the notification process
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The proposed zoning was not appropriate and the stakeholders had indicated they did not want
the development as proposed
Consider allowing 8.5 units per acre instead of 10 units per acre due to the lot width
Access, as currently proposed, was a tremendous issue and more information was needed
concerning the number of access points
Council debated the pros and cons of the second access point, the gate for a limited second
access, and the legal position regarding the gate for a second emergency access
Mayor Pro Bagheri motioned, Council Member Duff seconded to adopt the ordinance with the
conditions of no crash gate be installed, 8.5 units per acre and the recommendations from the
Planning and Zoning Commission and staff.
Council Member Gregory motioned, Council Member Ryan seconded to postpone consideration
until answers were known about the second access point and the legal questions regarding the
crash gate. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye",
Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Council
Member Duff "nay", and Mayor Pro Tem Bagheri "nay". Motion carried with a 5-2 vote to
postpone.
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 Briggs requested a Work Session on the City’s industrial park.
Mayor Pro Tem Bagheri requested formal Council action on the Department of Motor Vehicles
parking situation and the need for a larger facility.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
City of Denton City Council Minutes
April 3, 2018
Page 16
With no further business, the meeting was adjourned at 10:25 p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS