February 18, 2020 Minutes CITY OF DENTON CITY COUNCIL MINUTES
February 18, 2020
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, February 18, 2020, at 11:34 a.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts,Mayor Pro Tern Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None.
2. Requests for clarification of agenda items listed on this agenda.
• Consent Item 4.F (20-358) - As requested, staff provided clarification the project
addressed improvements from Welch to Carroll. (Briggs)
• Consent Item 4.G(20-359)-As requested, staff provided clarification that while the item
rejected proposals, additional proposals were being received this week. (Briggs)
• Consent Item 4.K(20-392)-As requested, staff provided clarification on the size of trucks
being purchased. (Briggs)
• Consent Item 4.M(20-415) -Pulled for individual consideration. (Briggs)
Mayor Pro Tem Hudspeth arrived at 11:37 a.m.
3. Work Session Reports
A. ID 20-346 Receive a report, hold a discussion, and give staff direction regarding potential
National Electric Safety Code violations, and mitigation options, along the TMPA
transmission corridor that runs through the Windhaven residential subdivision within the
City of Denton, Texas.
Mayor Watts announced the homeowner for the property involved in this item would be
allowed to speak. The speaker requested to speak at the end of the presentation.
The item was presented and discussion followed.
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February 18,2020
Page 2
As announced at the onset of the item, the following individual was allowed to speak:
• Lynn Scott-White (property owner), 5040 Splitrock Drive - in opposition to the pole
being installed; negatively affects her property; not given advance notice; eyesore; in
favor of Option 2 (poles being raised); home value will decrease otherwise
The City Council convened into Executive Session at 12:10 p.m. pursuant to Texas
Government Code Section 551.071 (Consultation with Attorneys).
The Executive Session started at 12:12 p.m. and ended at 12:43 p.m. No votes or actions
were taken during the Executive Session.
The Work Session was reconvened at 12:45 p.m.
Discussion continued.
Following discussion, staff was directed to return in one week and present a property survey
from the current owner to determine if the easement was depicted, the other two property
owners that could be impacted by Option 2,be informed of the issue, and the City Attorney's
Office present options at that time.
The Work Session was recessed at 1:16 p.m. for a short break and reconvened at 1:23 p.m.
C. ID 20-136 Receive a report, hold a discussion, and give staff direction regarding the 2020
Denton Mobility Plan Update, with a focus on the western area of the city.
The item was presented and discussion followed. Following discussion, staff was directed to
proceed with the proposed updates to the Thoroughfare, Bicycle, and Pedestrian Plans as
outlined in the presentation (maps) for the western area of the city.
The Work Session was recessed for a short break at 1:58 p.m. and reconvened at 2:04 p.m.
B. ID 20-395 Receive report and hold discussions regarding state requirements applicable to the
septic systems in Green Tree Estates; receive reports, hold discussions, and give staff
direction regarding water service extension from the city water main to the point of
connection of meters for Green Tree Estates.
The item was presented and discussion followed.
Following discussion, staff was directed to follow up and return on or about April 21'with
information as related to the water line extension on what the demand is, who will conduct
inspections, how cost will be recovered (for future development of now vacant lots), equal
cost share by residents, as well as answers to other logistical issues.
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February 18,2020
Page 3
The meeting was recessed for a short break at 3:20 p.m. and reconvened at 3:28 p.m.
D. ID 20-106 Receive a report, hold a discussion, and give staff direction regarding the
development of the Hunter-Cole Ranch master planned community, Municipal Management
Districts, Consent Resolution, Operating Agreement, and Project Agreement in southwest
Denton.
The item was presented and discussion followed.
The meeting was recessed for a short break at 4:44 p.m. and reconvened at 4:50 p.m.
The presentation and discussion continued.
Following discussion, staff was directed to proceed as scheduled with an item being
presented to the Planning&Zoning Commission on February 27th followed by City Council
on March 17th,
E. ID 20-290 Receive a report, hold a discussion, and give staff direction regarding the City of
Denton's Tax Abatement and Incentives Policy.
Mayor Watts announced the item would not be presented and would be rescheduled.
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 5:25 p.m. consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law, as follows. Items
1.13 (ID 20-343) and LC (ID 20-490)were not deliberated.
A. ID 20-462 Consultation with Attorneys-Under Texas Governmental Code Section 551.071.
Consult with the City's attorneys on the status, strategy, funding, prospects for appeal, and
potential resolution of litigation in Cause No. DC-17-08139, styled "Michael Grim and Jim
Maynard v. City of Denton, Texas," pending in the 68th Judicial District Court, Dallas
County, Texas; where 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 Profession Conduct of the State Bar of Texas,or otherwise compromise
the City's legal position in pending litigation or appeal.
DELIBERATED
B. ID 20-463 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential acquisition of real property interests located at 909 North Loop
288, in the City of Denton,Denton County, Texas, where the deliberation of same in an open
meeting would have a detrimental effect on the position of the governmental body in
negotiations with a third person. Consultation with the City's attorneys regarding legal issues
associated with the potential acquisition or condemnation of the real property interests
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February 18,2020
Page 4
described above 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 negotiations or potential litigation.
NOT DELIBERATED
C. ID 20-490 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consultation with the City's attorneys regarding legal issues associated with (i) the project
agreements, master planned community ordinances, and other related agreements,
documents, and ordinances for both Hunter Ranch and Cole Ranch projects, (ii) operating
agreements, consent resolutions, and other agreements, documents, and ordinances related
to the municipal management districts associated with both Hunter Ranch and Cole Ranch
projects and the operation of the same, (iv) economic development incentives potentially
offered related to both Hunter Ranch and Cole Ranch projects, and (v) the Pilot Knob
conservation easement for Hunter Ranch project; 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.
NOT DELIBERATED
The Closed Meeting started at 5:30 p.m. and ended at 6:27 p.m. No votes or actions were
taken during the Closed Meeting.
REGULAR MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Regular Meeting on Tuesday, February 18, 2020, at 6:34 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts,Mayor Pro Tem Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
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February 18,2020
Page 5
2. PROCLAMATIONS/PRESENTATIONS
None.
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.
a. ID 20-416 Chelsea Lewis, address not provided, regarding Development Service Fees being
raised and the need to have them lowered - PRESENTED
C. Additional Citizen Reports(Open Microphone)
None.
4. CONSENT AGENDA
The consent agenda consisted of Items 4.A-M. During the Work Session held earlier in the day,
Item 4.M(ID 20-415)was pulled for individual consideration by Council Member Briggs.
Council Member Meltzer moved to adopt the Consent Agenda, now consisting of items 4.A-
L. Motion seconded by Council Member Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan,
Armintor and Meltzer
NAYS (0): None
A. ID 20-258 Consider approval of the minutes of January 28,February 3, and February 4, 2020.
B. ID 20-284 Consider approval of a resolution of the City Council of the City of Denton,Texas,
approving the 2018-2019 Tax Increment Financing Reinvestment Zone Number One Annual
Report; and declaring an effective date. The Tax Increment Financing Reinvestment Zone
Number One Board recommends approval (5-0).
ASSIGNED RESOLUTION NO. 20-284
C. ID 20-289 Consider adoption of an ordinance of the City Council of the City of Denton
authorizing the City Manager to execute an agreement with the Texas Historical Commission
to participate in the Texas Main Street Program, demonstrating the City of Denton's
commitment to continue as a "Sustaining Level Official Main Street City" and authorizing
payment of the annual fee in the amount of$2,600; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-289
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February 18,2020
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D. ID 20-351 Consider approval of a resolution of the City of Denton authorizing and
approving execution by the City Manager of a Memorandum of Understanding with Denton
County Friends of the Family(DCFOF)to collaborate and make an application to the Office
on Violence Against Women(OVW) for a grant from the OVW Improving Criminal Justice
Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant
Program (OVW Grant); ratifying all prior actions taken by the City Manager in furtherance
of the foregoing application; and providing an effective date.
ASSIGNED RESOLUTION NO. 20-351
E. ID 20-357 Consider approval of a resolution of the City of Denton, Texas supporting city
participation in charitable giving to the Denton 100 Club, Denton Animal Support
Foundation, Denton Fire Traditions, Denton Parks Foundation, Friends of the Denton Public
Libraries, and Keep Denton Beautiful through Amazon Business procurement card purchases
and the AmazonSmile Foundation; and providing an effective date.
ASSIGNED RESOLUTION NO. 20-357
F. ID 20-358 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a third amendment to a Professional
Services Agreement between the City of Denton and Teague Nall and Perkins, Inc.,
amending the contract approved by City Council on October 16, 2018, in the not-to-exceed
amount of $167,500; amended by Amendments 1-2 approved by City Council and
Purchasing Staff, said third amendment to provide appraisal services for the West Hickory
Street Drainage, Paving and Sidewalk Project; providing for the expenditure of funds
therefor; and providing an effective date (File 6590-043 - providing for an additional third
amendment expenditure amount not-to-exceed $64,625, with the total contract amount no-
to-exceed $341,425). The Public Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 20-358
G. ID 20-359 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, rejecting any and all competitive proposals under RFP 6890 for the
supply of a utility-scale for solar energy for the City of Denton; and providing an effective
date(RFP 6890). The Public Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 20-359
H. ID 20-360 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Xylem Water
Solutions USA, Inc., for the purchase of Flygt pumps, equipment, parts, supplies and services
used by the Water Reclamation department to operate and maintain the City of Denton
sewage pumping stations and treatment plants, which is the sole provider of this these
commodities and services, in accordance with Texas Local Government Code 252.022,
which 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 7172 - awarded to Xylem Water
Solutions USA, Inc., in the five (5) year not-to-exceed amount of$1,000,000). The Public
Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 20-360
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February 18,2020
Page 7
I. ID 20-363 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
with Green Equipment Company, through the Buy Board Cooperative Purchasing Network
Contract # 577-18, for the purchase of parts and labor cost, maintenance and spare
components for sewer inspection equipment with distributors Envirosight, Radiodetection,
and Pearpoint products for the Water Utilities Department; providing for the expenditure of
funds therefor; and providing an effective date (File 7274 - awarded to Green Equipment
Company, in the two(2)year not-to-exceed amount of$200,000). The Public Utilities Board
recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 20-363
J. ID 20-370 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, rejecting any and all competitive proposals under RFP 7221 for the
supply of Drug, Alcohol and Physical Testing Services for the City of Denton Human
Resource Department; and providing an effective date(RFP 7221).
ASSIGNED ORDINANCE NO. 20-370
K. ID 20-392 Consider adoption of an ordinance of the City Of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Industrial
Power, LLC, for the purchase of two (2) new rear load refuse trucks for the Solid Waste
Department, in accordance with Texas Local Government Code 252.022, which provides
that procurement of commodities and services that are necessary to preserve and protect the
public health and safety of the municipality's residents are exempt from competitive bidding,
and if over$50,000 shall be awarded by the governing body; and providing an effective date
(File 7273 - awarded to Industrial Power, LLC, in the not-to-exceed amount of$240,451).
The Public Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 30-392
L. ID 20-394 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, rejecting any and all competitive proposals under RFP 7177 for a
public works contract for street reconstruction for the City of Denton; and providing an
effective date. (RFP 7177).
ASSIGNED ORDINANCE NO. 20-394
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
kt- ID 20-415 Consider a resolution of the City of Denton conditionally consenting to the
creation of Denton County Municipal Utility District No. 11, encompassing approximately
247 acres of land, located within Division II of the Extraterritorial Jurisdiction of the City of
Denton, Texas; and providing an effective date.
ASSIGNED RESOLUTION NO. 20-415
Pulled for individual consideration by Council Member Briggs.
The item was presented and discussion followed.
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February 18,2020
Page 8
Council Member Armintor moved to approve the item as presented. Motion seconded by
Mayor Pro Tem Hudspeth. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
5. ITEM(S) FOR INDIVIDUAL CONSIDERATION
A. ID 20-352 Consider adoption of an ordinance of the City Council of the City of Denton
authorizing the City Manager to execute an agreement with the Denton Central Business
District Association, Inc. dba Denton Main Street Association to allow the Denton Main
Street Association to hire a program manager and support programming for the Texas Main
Street Locally Designated Program; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-352
The item was presented and no discussion followed.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Armintor. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
B. ID 20-361 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with S & J
Construction Co., Inc., for the construction of the North/South Water Main Phase III project
for the City of Denton with geographical limits as follows: From I-35E Service road north
on Bonnie Brae to Panhandle; providing for the expenditure of funds therefor; and providing
an effective date (IFB 7200 - awarded to S & J Construction Co., Inc., in the not-to-exceed
amount of$4,000,551.18). The Public Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 20-361
The item was presented and discussion followed.
Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
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February 18,2020
Page 9
C. ID 20-362 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Quality
Excavation, LLC, for the 2019 Street Reconstruction project for the City of Denton with
geographical limits as follows: Hercules Lane from Locust Street to Stuart Road, Scripture
Street from Thomas Street to Jagoe Street,Thomas Street from West Oak Street to Panhandle
Street, and Windsor Drive from North Locust Street to Armstrong Street; providing for the
expenditure of funds therefor;and providing an effective date(IFB 723 7-awarded to Quality
Excavation, LLC, in the not-to-exceed amount of $10,202,355.45). The Public Utilities
Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 20-362
The item was presented and discussion followed.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
D. A20-000ld Consider adoption of an ordinance approving a municipal services agreement,
pursuant to Tex. Loc. Govt. Code Sec. 43.0672, between the City and Sharon Losak
McCutchin, in her capacity asTrustee of the (i) Tamara McCutchin Saxe Trust and (ii)
Trustee of the McCutchin Marital Non Exempt Trust, for the provision of City services to
approximately 131.94 acres of land located generally south of Allred Road and west of Fort
Worth Drive; approving a schedule of annexation attached as Exhibit C; authorizing the City
Manager to execute the agreement, and providing an effective date. (A20-0001, Sagebrook)
ASSIGNED ORDINANCE NO. A20-0001d
The item was presented and no discussion followed.
Council Member Briggs moved to approve as presented. Motion seconded by Council
Member Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
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February 18. 2020
Page 10
E. S 19-0012f Consider adoption of an ordinance of the City of Denton, Texas, approving a
Specific Use Permit to allow for a multi-family dwelling use on approximately 15.34 acres
of land, generally located on the northwest corner of Duchess Drive and Loop 288, in the
City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, providing for severability; and establishing an effective
date. The Planning and Zoning Commission recommended denial (4-3). THIS ITEM WAS
POSTPONED AT THE FEBRUARY 11, 2020 CITY COUNCIL. MEETING. (S19-0012f,
Denton Grove Apartments, Julie Wyatt)
The item was presented and discussion followed.
Council Member Ryan moved to suspend the City Council Rules of Procedure to allow the
applicant 10 minutes to speak. Motion seconded by Council Member Meltzer. Motion
carried by show of hands.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor and Meltzer
NAYS (1): Mayor Pro Tern Hudspeth
The following spoke on the item:
• Jean Latsha(Applicant), 5014 W. Frances Place, Austin—regarding prolonged issues
if the item were delayed, details of the proposed development and requested approval
of the item
• Kent Key, 3100 Triple Crown Court—on concerns with density, location of proposed
project and in opposition to the item.
Discussion continued.
Council Member Meltzer requested the meeting recess to Executive Session to allow
consultation with the attorney.
Mayor Watts convened the meeting into Executive Session at 7:37 p.m. pursuant to Texas
Local Government Code Section 551.071 - Consultation with Attorney. The Executive
Session started at 7:40 p.m. and ended at 7:45 p.m. No votes or actions were taken during
the Executive Session.
The Regular Meeting was reconvened at 7:46 p.m.
Discussion continued with questions answered by the applicant.
Council Member Briggs moved to send the item back to the Planning&Zoning Commission
to review the revised Special Use Permit with an event certain and have item then return to
City Council. Following discussion, Council Member Briggs withdrew her motion.
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February 18,2020
Page 11
Council Member Meltzer moved to postpone the item for 90 days, or sooner if parties reach
an alternate proposal. Following discussion, Council Member Meltzer withdrew his motion.
Council Member Ryan moved to have all parties hold a neighborhood meeting and report
findings to City Council.
Following discussion, Mayor Watts advised a motion to postpone took precedence. City
Attorney Leal advised that was correct.
Mayor Watts moved to postpone the item for 120 days maximum to allow all parties to
further discuss the issue and report back to City Council at a future meeting. Motion
seconded by Council Member Armintor. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
6. PUBLIC HEARING(S)
A. A20-0001 c Hold a public hearing and consider an application for voluntary annexation of
approximately 131.94 acres of land, generally south of Allred Road and west of Fort Worth
Drive by the City of Denton, Denton County, Texas
The item was presented and discussion followed.
With the public hearing opened; and no speakers coming forward, the public hearing was
closed.
Mayor Pro Tern Hudspeth moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
7. ITEM(S) FOR INDIVIDUAL CONSIDERATION- CONTINUED
A. A20-000le Conduct the first of two readings of an ordinance of the City of Denton for a
voluntary annexation of 131.94 acres of land more or less, generally south of Allred Road
and west of Fort Worth Drive by the City of Denton, Denton County, Texas.
The item was presented and no discussion followed.
No action was taken on the item as this was the first of two required public readings.
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February 18,2020
Page 12
S. PUBLIC HEARING(S)- CONTINUED
A. Z19-001lb Hold a public hearing and consider approval of an ordinance of the City of
Denton, Texas, approving a change in the zoning district and use classification from the
Residential 2 (R2) zoning district and use classification and the Suburban Corridor (SC)
zoning district and use classification to the Residential 4 (R4) zoning district; on
approximately 16.79 acres of land generally located on the north of Hickory Creek Road,
between Country Club road to the west and the Railroad to the East, 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 for
severability; and establishing an effective date. The Planning and Zoning Commission
recommends approval (6-0). (Z19-0011, County Club Terrace, Cindy Jackson)
ASSIGNED ORDINANCE NO. Z19-0011b
The item was presented and discussion followed.
With the public hearing opened, the following spoke on the item:
• Thomas Fletcher(representing applicant) 6160 Warren Parkway, Frisco -in favor of
item
With no further speakers coming forward, the public hearing was closed.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Meltzer. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor and Meltzer
NAYS (0): None
9. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 8:47 p.m.
CHRIS WA TS A R. P DER
MAYOR D PU CITY SECRETARY
CITY OF DENTON, TEXAS CI F DENTON, TEXAS
MINUTES APPROVED ON: Qti '51 aka 0