February 06, 2018 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 6, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 6, 2018 at 12:00 p.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 February 6, 2018.
Staff responded to Council’s requests for clarification on the following items:
Council Member Briggs – Consent Agenda Item B
Council Member Ryan - pull Consent Agenda Item N for separate discussion
3. Citizen Comments on Ethics Related Work Session Report Items
David Zoltner made suggestions for conflict of interest and the scheduling of public hearings on
the item.
4. Work Session Reports
A. ID 18-165 Receive a report, hold a discussion, and give staff direction regarding the
development of an ethics ordinance including, but not limited to, a discussion on misuse of
information, abuse of resources, abuse of position, duty to report, hindrance, and disclosures,
from attorney Alan Bojorquez.
Alan Bojorquez stated that this module would center on crafting a code. The topics of discussion
would include Misuse of Information; Abuse of Resources; Abuse of Position; Duty to Report;
Hindrance; and Disclosures.
Misuse of information centered on restricting the use of information for personal purposes if the
information was obtained because of person's official city duties and prohibiting the disclosure of
confidential information.
Council discussion on misuse of information included:
Whether to include confidential information, public information or both
Whether to include family members
A definition of "official city duties"
A definition of confidential information to include meetings with staff and not just closed
meeting discussions
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Page 2
Abuse of resources center on banning the use of city resources for personal or private purposes.
Council felt that resources should not be used unless they were available to other members of the
public.
Abuse of position dealt with prohibiting harassment and discrimination and preventing
interference with investigations.
Council discussion on abuse of position included:
Consider following the City’s Human Resources policy
Consider using the Houston sample with the addition of gender identity
Duty to report would create an affirmative duty for city officials who were aware of violations of
the Code to report those violations. It would make it a violation of the Code not to report such
violations.
Council discussion on duty to report included:
Who the violation would be reported to
The level of knowledge of the violation such as suspecting a violation versus knowledge of a
violation
Use the Hot Line to report direct knowledge or suspicion of a violation
The consequences of not reporting a suspected or have knowledge of a violation
Could be a matter of interpretation of what constituted a violation
Definition of "knowledge"
Implementation of such a policy might be difficult
If the provision could not be enforced, why put it in the ordinance
Duty to report to the Fraud and Abuse Hotline as a mitigating step
Consensus to have this provision in the in ordinance but consider consequences at a later
meeting. If a staff member were involved, go through the Fraud and Abuse Hotline and to the
City Manager. If Council were involved refer to the Ethics Commission
Hindrance centered on whether a violation would be to purposely take steps to stop or prevent a
service from being provided or a practice.
Council discussion on hindrance centered on:
Whether this provision could be used as a catch all for all types of non-violations
Whether there were other provisions in the draft Code to cover these situations
Consensus was not to include this section as it was covered in other parts of the proposed code.
Disclosures dealt with whether the Code would be silent on this issue and defer to State law in
terms of financial disclosures required of all elected officials and candidates.
Council discussion:
Place a reference in the Code but mirror State law
Consider adding a civil enforcement aspect through the Board of Ethics
No different forms would be required other than per State law
Consensus was to follow State law but included a right to cure
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Page 3
B. ID 18-152 Receive a report, hold a discussion, and provide direction regarding the regulation
of stationless bike share companies to include a proposed application and permit fee.
Mark Nelson, Director of Transportation, presented information on a Stationless Bike Share policy
in terms of the status of Bike Share in Denton, a staff recommendation and policy direction. He
presented information on the background of the stationless bike share program. A list of operators
of the program in the area was reviewed along with what other cities were doing. Regulating
options were noted along with information on the companies currently operating in Denton. Cons
of the program were also presented. Staff was recommending goals for the policy and a pilot permit
program.
Council discussion included:
Liability on the part of the City
Availability of citizens to use the bikes
Whether the draft provisions for a pilot program had been discussed with the vendors
Consider an RFP process in order to obtain greater control over the vendors
How many operators did the City need and how much were the bikes used
This type of program was an important part of the City's mobility but it needed to be regulated
Limit the number of bikes available city-wide
What to do in the interim until an RFP was completed
Address the regulatory aspect in terms of a temporary license with the limit of 100 bikes per
operator; have the pilot period of 30-90 days to obtain data; and reconsider the program after
that time period to review the data.
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 18-108 Consultation with Attorneys - Under Texas Government Code, Section
551.071. Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from the City’s attorneys, both in-house attorneys and retained outside
employment attorneys, and discuss legal matters, deliberate, and provide the City’s attorneys
with direction regarding and related to Cause No. DC-17-08139 styled "Michael Grim and
Jim Maynard vs. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas
County, Texas; discussion of these legal matters in an open meeting would conflict with the
duty of the City’s attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in both the present lawsuit or potential administrative
proceedings or lawsuits.
B. ID 18-220 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with the City’s attorneys regarding status and legal issues associated with an
engagement to complete an audit and investigation previously initiated by the City’s former
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Page 4
Internal Auditor, and legal analysis relating to preliminary findings associated with said audit
and investigation, where a public discussion associated with these legal matters would clearly
conflict with the duty of the City’s attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
C. ID 18-248 Consultation with Attorneys - Under Texas Government Code Section 551.07.
Discuss, deliberate, and receive information from the City’s attorneys and provide the City’s
attorneys with direction regarding legal issues associated with both the lease and use of 1001
S. Mayhill Rd., Buildings 101 and 102, and 1301 S. Mayhill Rd., Denton, Denton County,
Texas and the Council’s action on December 5, 2017 under Ordinance No. 2017-385 where
a public discussion of these legal matters would conflict with the duty of the City’s attorneys
to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position
in any administrative proceeding or potential litigation.
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 Pledges to the U.S. and Texas flags.
2.PROCLAMATIONS/PRESENTATIONS
There were no proclamation/presentations for this meeting.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
There were no presentations from members of the public.
Mayor Watts noted that Item 5D was being pulled from consideration at this meeting.
4.CONSENT AGENDA
Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to approve the Consent
Agenda and accompanying ordinance and resolutions with the exception of Item N which would
be pulled for individual consideration and with the revised ordinance for Item O. 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.
Approved the minutes listed below
A. ID 18-023 Consider approval of the minutes of November 7, November 14,
November 20, December 4, December 5, December 12, and December 19, 2017.
City of Denton City Council Minutes
February 6, 2018
Page 5
Ordinance No. 18-049
B. ID 18-049 Consider adoption of an ordinance authorizing the City Manager to execute
a Professional Services Agreement for landscape design services relating to the
Mayhill Road Widening project including landscape design for the length of Mayhill
Road as well as improvements to an open space area for pedestrian use to be located
near the intersection of Mayhill Road and Spencer Road; providing for the
expenditure of funds therefor; and providing an effective date (File 6676 awarded to
Freese and Nichols, Inc. in the not-to-exceed amount of $107,900).
Ordinance No. 18-071
C. ID 18-071 Consider adoption of an ordinance of the City of Denton authorizing the
closure of a segment of McCormick Street from Underwood Street to Avenue A for
the construction of Fire Station 3. The Traffic Safety Commission recommends
approval (6-0).
Ordinance No. 18-082
D. ID 18-082 Consider adoption of an ordinance of the City of Denton approving an
easement and right of way agreement granting an 0.857 acre easement to Oncor
Electric Delivery Company, LC, located in the Moreau Forrest Survey, Abstract, No.
417, in Denton County, Texas for the purchase price of forty-nine thousand six
hundred thirty dollars and NO/100 ($49,630.00) and providing a severability clause
and an effective date. \[Arco Substation\] The Public Utilities Board recommends 6-
0.
Ordinance No. 18-091
E. ID 18-091 Consider adoption of an ordinance of the City of Denton, Texas approving
and authorizing the City Manager to execute an Interlocal Cooperation Agreement
between the City of Denton and Denton County for Ambulance Services and
declaring an effective date.
Ordinance No. 18-098
F. ID 18-098 Consider adoption of an ordinance approving a City sponsorship in an
amount not to exceed $5,080 of in-kind services and resources for the 33rd Annual
Texas Storytelling Festival to be held in the Civic Center located at 321 E. McKinney
St., beginning Thursday, March 8 through Sunday, March 11, 2018; and providing an
effective date.
Ordinance No. 18-102
G. ID 18-102 Consider adoption of an ordinance of the City of Denton, Texas approving
and authorizing the City Manager to execute an Interlocal Cooperation Agreement
between the City of Denton and Denton County for Fire Protection Services; and
declaring an effective date.
Ordinance No. 18-153
H. ID 18-153 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton County Friends of the
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February 6, 2018
Page 6
Family for the purpose of expenses for An Evening of Raised Awareness with Dr.
Yamma Brown; providing for the expenditure of funds therefor; and providing for an
effective date. ($650)
Ordinance No. 18-157
I. ID 18-157 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for services to perform a JD Edwards (JDE) software application
and tools upgrade from version 9.1 to 9.2; providing for the expenditure of funds
therefor; and providing an effective date (RFP 6592-awarded to Grant Thornton LLP
in the not-to-exceed amount of $185,000).
Ordinance No. 18-158
J. ID 18-158 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract for the purchase of one (1) John
Deere model 544K Wheel Loader for the City of Denton Streets Department as
awarded by Buy Board Cooperative Purchasing Network Contract# 515-16;
providing for the expenditure of funds therefor; and providing an effective date (File
6707-awarded to RDO Equipment Company in the not-to-exceed amount of
$152,969.41).
Ordinance No. 18-159
K. ID 18-159 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Houston-Galveston
Area Council of Governments (H-GAC) Cooperative Purchasing Program for the
acquisition of two (2) new and two (2) reconditioned and remounted Frazer Type I
ambulances for the City of Denton Fire Department; and providing an effective date
(File 6705-awarded to Mac Haik Dodge Chrysler Jeep in the not-to-exceed amount
of $691,554).
Ordinance No. 18-160
L. ID 18-160 Consider adoption of an ordinance accepting competitive bids and
awarding a contract for the supply of Utility Polymer Insulators 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 (IFB 6550-awarded to
the lowest responsible bidder meeting specification, Wesco Distribution, Inc. in the
three (3) year not-to-exceed amount of $821,280).
Ordinance No. 18-162
M. ID 18-162 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the expenditure of funds for payment by the City of Denton for the annual
Lake Ray Roberts and Lake Lewisville Operation and Maintenance fees to the United
States Army Corp of Engineers for the City’s share of the operating and maintenance
expenditures; and providing an effective date (File 6706-United States Army Corp of
Engineers Operation and Maintenance Fees in the amount not-to-exceed $170,000).
City of Denton City Council Minutes
February 6, 2018
Page 7
Ordinance No. 18-246
O. ID 18-246 Consider adoption of an ordinance of the City of Denton, Texas amending
Section 33-2 Of The Code of Ordinances to revising the definition of "Sign;"
amending Section 22-29 of the Code of Ordinances to delegate the approval of signs
under certain circumstances to the City Manager; ratifying the execution of 2018
Facility Utilization Agreements, including an amendment thereto related to the
regulation of signs; providing a severability clause; providing a penalty cause; and
declaring an effective date.
The item pulled for separate consideration was considered.
Ordinance No. 18-164
N. ID 18-164 Consider adoption of an ordinance ordering an election to be held in the
City of Denton, Texas, on May 5, 2018, and if a runoff election is required, on June
16, 2018, for the purpose of electing Council Members to Places 5 and 6 and electing
a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing the
time and manner of the conduct of the election to be in accordance with an agreement
with the Elections Administrator of Denton County; providing a severability clause;
providing an open meetings clause; and providing for an effective date.
Council discussed including additional polling locations in each of the Council voting districts.
th
An item would be added to the February 13 agenda for this discussion.
Council Member Briggs motioned, Council Member Gregory 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.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 18-045
A. ID 18-045 Consider adoption of an ordinance accepting competitive bids and
awarding a contract for the supply of Electric Meters and Equipment including
electric meters, photovoltaic meters, electric sockets, secondary and primary
instrument rated transformers, and Trilliant secure mesh AMI equipment for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing an
effective date (IFB 6612-awarded to the lowest responsive bidder for each section for
a total three (3) year not-to-exceed amount of $4,293,000). The Public Utilities Board
recommends approval (6-0).
JR Richardson, Electric Meter Superintendent, presented the background of the proposal which
included the RFP, proposals received, key points, funding and staff recommendation.
Council Member Ryan motioned, Council Member Hudspeth 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.
City of Denton City Council Minutes
February 6, 2018
Page 8
Resolution No. 18-085
B. ID 18-085 Consider approval of a resolution adopting a Renewable Resource Plan for
Denton Municipal Utility. The Public Utilities Board recommends approval (6-0).
George Morrow, General Manager of DME, made a presentation regarding the Renewable
Resource Plan which included background information, existing power resources, renewable
evaluation, 100% renewable targets; current renewable RFP; future renewable RFPs; and an
update on the Denton Energy Center
Council discussion whether it would be possible to get to 100% renewable by 2020.
Morrow presented a summary of the Renewable Resource Plan that included the primary objective
of the Plan, the related renewables, evaluation of the renewable offers, and future solar and wind
RFPs planned with possible participation by other municipals.
Mayor Watts noted that Comment Cards were submitted by:
Ed Soph - in support
Carol Soph - in support
Jennifer Lane – in support
Catherine Lustgarten spoke in support.
Council discussed the fact that this was a resolution and not an ordinance and whether it could be
changed by a future Council.
City Attorney Leal stated that it was still a policy of the Council and any future change would have
to be approved by alternate resolution.
Mayor Pro Tem Bagheri noted that she would not be voting in favor of the resolution as it involved
the DEC.
Council Member Gregory offered an amendment to the resolution in Section 2 to include “in a
manner that ensures electric reliability and competitive electric rates”.
Council Member Briggs offered a friendly amendment to “develop demand site goals for FY 20/21
for community solar, local solar generation, energy efficiency including programs to assist low-
income Denton residents, storage and demand response”.
Council Member Gregory indicated that he was not in agreement with that friendly amendment.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance with
the additional wording noted by Council Member Gregory. On roll call vote, Council Member
Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Mayor Pro Tem Bagheri
"nay". Motion carried with a 6-1 vote.
City of Denton City Council Minutes
February 6, 2018
Page 9
Ordinance No. 18-095
C. ID 18-095 Consider approval of a resolution of the City of Denton, Texas, approving
the Solid Waste and Watershed Protection Sponsorship Program guidelines and
application process. The Public Utilities Board recommends approval (5-1).
Ethan Cox, Director of Solid Waste, made the presentation regarding the background of the solid
waste sponsorship program and proposed policy components for sponsorships;
Council Member Ryan motioned, Council Member Gregory seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Council Member Briggs "nay". Motion carried with a 6-1 vote.
D. ID 18-107 Consider adoption of an ordinance authorizing the amended engagement
of the law firm of Lynn, Ross and Gannaway, LLP, and the BKD, LLP accounting
firm, to complete a previously initiated audit and investigation, pursuant to the terms
of the attached revised contract for professional services; and further amending the
previously authorized expenditure of budgeted funds for this engagement, in an
amended amount for past and anticipated professional fees and expenses, not to
exceed the aggregate and inclusive amount of $115,000; repealing, superseding, and
replacing in its entirety Ordinance 2017-368; and providing an effective date.
This item was not considered.
Ordinance No. 18-127
E. ID 18-127 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the approval of Change Order 1 to a contract between the City of Denton
and Ragle, Inc. for construction of the South Bonnie Brae Street Widening and
Improvements Project Phase I, amending the contract approved by Council on June
20, 2017 (Ordinance 2017-183) in the amount of $11,810,220.07; providing for the
expenditure of funds therefor; and providing an effective date (File 6390-providing
for an additional expenditure amount not-to-exceed $564,500.38, with the total
contract amount not-to-exceed $12,374,720.45).
Todd Estes, City Engineer, presented the background information on the Bonnie Brae Change
Order request. The presentation included the project cost summary.
Noreen Housewright, Senior Engineer, presented financial information on the project; project
photos; Enlink relocation sites; and staff recommendation.
Mayor Pro Tem Bagheri motioned, Council Member Gregory 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.
City of Denton City Council Minutes
February 6, 2018
Page 10
F. ID 18-140 Consider nominations/appointments to the City’s Boards and
Commissions: Airport Advisory Board; Community Development Advisory
Committee; Human Services Advisory Committee, and Public Art Committee.
Jennifer Walters, City Secretary, noted that Council Member Duff had nominated Ed Ahrens to
the Airport Advisory Board and Council Member Ryan had nominated Larry Varnes to the
Community Development Advisory Committee. There were no nominations for the Human
Services Advisory Committee and the Public Art Committee at this time.
Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the nominations.
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. 18-155
G. ID 18-155 Consider adoption of an ordinance of the City of Denton authorizing an
Agreement between the City of Denton, Texas, and Kiwanis Club of Denton for the
purpose of 4th of July fireworks show sponsorship; provide for the expenditure of
funds; and providing for an effective date.
Bryan Langley, Deputy City Manager, indicated that this was a sponsorship agreement with
Kiwanis for the annual fireworks show.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. G.
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
Ordinance No. Z17-0012a
A. Z17-0012a Hold a public hearing and consider adoption of an ordinance to rezone
approximately 4 acres from a Neighborhood Residential 3 (NR-3) District to a
Neighborhood Residential Mixed-Use 12 (NRMU-12) District. The property is
generally located on the north side of Mingo Road, approximately 150 feet southwest
of Boyd Street in the City of Denton, Denton County, Texas. (Z17-0012a, Mingo Road
Apartments, Hayley Zagurski).
The Mayor opened the public hearing.
Haley Zagurski, Senior Planner, presented information for Public Hearings A and B. Council
would vote separately on the items. She presented the specific request; the site data; criteria for
approval; analysis of the future land use; public facilities; analysis of compatibility; and
recommended approval from staff and the Planning and Zoning Commission.
Zagurski continued with the Specific Use Permit criteria for approval; concept plan for the Specific
Use Permit; conceptual elevations; analysis of the proposal with the Denton Plan 2030; public
City of Denton City Council Minutes
February 6, 2018
Page 11
notification; and recommended approval from staff and the Planning and Zoning Commission with
conditions.
The following individuals spoke on the public hearings:
Kim McKibben - spoke on both Items A and B
Lawrence Holdorf - spoke in favor
Council discussed the preservation of the larger trees; building on the hill; potential drainage
problems; and that the applicant had no issue with adherence to site plan as presented to the
Planning and Zoning Commission.
The Mayor closed the public hearing.
Council Member Ryan 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.
Ordinance No. S17-0006a
B. S17-0006a Hold a public hearing and consider adoption of an ordinance for a Specific
Use Permit for 4 acres of land, specifically to allow for a multi-family residential
use. The property is generally located on the north side of Mingo Road,
approximately 150 feet southwest of Boyd Street in the City of Denton, Denton
County, Texas. (S17-0006a, Mingo Road Apartments, Hayley Zagurski).
The public hearing for this item was included with 6A.
Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance
with the recommended conditions including the dumpsters and setbacks as presented.
Council Member Briggs offered a friendly amendment for preservation of the heritage trees as
noted on the concept plan.
Council Member Gregory and Mayor Pro Tem Bagheri accepted that friendly amendment.
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.
C. DCA17-0009a Hold a public hearing and consider an ordinance regarding repealing
and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, adding Section
35.3.15, adding definitions to Section 35.23.2 and making changes to Section 35.4.3.
of the Denton Development Code. (DCA17-0009, Historic Preservation Code
Amendments, Roman McAllen) THIS ITEM HAS BEEN WITHDRAWN BY
STAFF AND WILL BE BROUGHT BACK IN CONJUNCTION WITH THE
DENTON DEVELOPMENT CODE UPDATE.
City of Denton City Council Minutes
February 6, 2018
Page 12
This item was not considered.
D. S17-0009c Hold a public hearing and consider a request by Rayzor Inv. Ltd. for a
Specific Use Permit for 68.1 acres of land, specifically to allow for a multi-family
residential use on approximately 32.60 acres and to allow for an outdoor recreation
use on approximately 19.90 acres. The property is generally located on the south side
of West Oak Street approximately 290 feet west of the Interstate Highway 35 service
road in the City of Denton, Denton County, Texas. (S17-0009c, Retreat at Denton,
Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.
This item was not considered.
E. Z17-0016c Hold a public hearing and consider a request by Rayzor Inv. Ltd. to rezone
approximately 68.1 acres from an Industrial Center Employment (IC-E) District to a
Neighborhood Residential Mixed-Use (NRMU) District. The property is generally
located on the south side of West Oak Street approximately 290 feet west of the
Interstate Highway 35 service road in the City of Denton, Denton County, Texas.
(Z17-0016c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN
WITHDRAWN BY THE APPLICANT.
This item was not considered.
F. A17-0006a Hold the first of two public hearings for a voluntary annexation of
approximately 0.30 acres of land generally located on the east side of Old Alton Road,
south of the intersection of Old Alton Road and Teasley Lane. (A17-0006, Cindy
Jackson)
Cindy Jackson, Senior Planner, presented the details of the proposed voluntary annexation along
with the annexation schedule.
The Mayor opened the public hearing.
No one spoke during the public hearing
The Mayor closed the public hearing.
No action was required on this item at this time.
Ordinance No. Z17-0026c
G. Z17-0026c Hold a public hearing and consider a request by GDHI Homes LLC to
rezone approximately 13 acres from a Neighborhood Residential 2 (NR-2) District to
a Neighborhood Residential 6 (NR-6) District. The subject properties are located at
1322 and 1520 Audra Lane. The Planning and Zoning Commission voted 7-0 to
approve the request with conditions. (Z17-0026b, Audra Tract, Shandrian Jarvis)
The Mayor opened the public hearing.
City of Denton City Council Minutes
February 6, 2018
Page 13
Shandrian Jarvis, DRC Administrator, presented the request details, site data, the criteria for
approval in terms of the future land use plan and public facilities compatibility. Public notification,
summary and recommendation were noted. The Planning and Zoning Commission recommended
approval with conditions which staff was also recommending.
Council discussed the number of units per acre in conjunction with the proposed zoning.
Thomas Fletcher, Engineer representing the applicant, spoke in favor.
Council discussed providing adequate driveways and garages for off-street parking and if the green
space would be maintained by the HOA
David Zoltner spoke in opposition.
Kim McKibben spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Bagheri motioned, Council Member Ryan seconded to adopt the ordinance with
the noted conditions. 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.
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
Mayor Watts requested a Work Session on design criteria for the downtown area.
Council Member Gregory asked for a staff report on minimizing the dust during the repair of
Hickory Street.
Council Member Briggs requested a Work Session on a historic designation/national designation
for the downtown area.
City of Denton City Council Minutes
February 6, 2018
Page 14
Council Member Briggs requested that one of the two public hearing scheduled for the ethics
ordinance be held in the evening.
Mayor Pro Tem Bagheri requested staff research provisions of Lewisville’s fire code for possible
inclusion to the City’s fire code.
Council Member Hudspeth requested the notice on demolition of mini-mall be made public.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
With no further business the meeting was adjourned at 9:15 p.m.
________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS