Minutes August 21, 2001358
CITY OF DENTON CITY COUNCIL MINUTES
AUGUST 21, 2001
Special Called Meeting of the City of Denton City Council on Tuesday, August 21, 2001
at 5:30 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; MayOr Pro Tem Beasley; Council Members Burroughs,
Fulton, McNeill, Phillips, and Redmon.
ABSENT: None
1. The Council considered approval of a resolution of appreciation for retiring
Board/Commission members.
Beasley motioned, Burroughs seconded to approve the resolution of appreciation. On roll
vote, Beasley "aye", Burroughs "aye", Fulton "aye", MeNeill "aye", Phillips "aye",
Redmon "aye", and Mayor Brock "aye". Motion carded unanimously.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 21, 2001
359
After determining that a quorum was present, the City Council convened in a Regular Meeting
on Tuesday, August 21, 2001 at 6:00 p.m. in the Council Chambers.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips and Redmon.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PRESENTATIONS
2. August Yard of the Month Awards
Mayor Brock presented Yard of the Month Awards to:
Kingdom Hall of Jehovah Witnesses
Roland and Lois Small
Christian and Jolyn Schrock
Greg and Julie Coward
Carl and Marjorie Young
Gary and Debbie Martin
Billy Williams
Denton Regional Medical Center
3. Presentation of Texas Festival and Event Marketing Awards
Julie Glover presented the awards to the Mayor and Council.
4. Recognition of staff accomplishments
Staff accomplishments were recognized by City Manager Conduff.
CITIZEN REPORTS
5. Melvin Newell regarding energy fuel adjustment cost on utility bill.
Mr. Newell questioned how the fuel adjustment cost was determined. He felt it was out of line
and way too high. People on a fixed income could not afford those high costs.
6. Ross Melton regarding budget, utility rates and volunteering.
Mr. Melton stated that the City should have lower utility rates due to the competitive nature of
the industry. He felt there was potential by utilizing assets in the community such as volunteers
to keep the community beautiful, repair vehicles cooperatively through the school and the city.
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Page 2
NOISE EXCEPTION
7. The Council considered a request for an exception to the noise ordinance for the Gajdos
wedding reception between the hours of 10:00 p.m. and 12:00 midnight at the North Texas State
Fair Grounds, Fair Hall on Saturday, September 8, 2001.
Beasley motioned, Fulton seconded to approve the request. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
CONSENT AGENDA
Council Member Fulton requested that Item #19 be pulled for separate consideration. Council
Member Redmon requested that Item #35 be pulled for separate consideration.
Mayor Brock indicated that there was a Request to Speak on Item #33.
Fulton motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordnances and resolutions with the exception of Items # 19 and #33.
Mike Cimmeron spoke in favor of Item #33.
On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye",
Redmon"aye", and Mayor Brock "aye". Motion carried unanimously.
Item #19
Council Member Fulton expressed a concern about contracting out items. She wanted as many
areas as possible to be contracted out in order to be cost effective to the city.
Fulton motioned, McNeill seconded to adopt the ordinance for Item #19. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
Item #35
Council Member Redmon expressed concern regarding the rational for expanding the Denton
Housing Authority Board from 5 to 7 members. The Mayor was the only individual who could
appoint members to that board. He suggested that the Council be allowed to have input on the
members on the board. If expanded to seven, it would give freedom to the Council to make
some recommendations to that Board.
Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "nay", and Mayor Brock
"aye". Motion carried with a 6-1 vote.
8. Approved the minutes of July 31, 2001.
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August 21, 2001
Page 3
NO. 2001-278
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING ANY
DRIVERS FROM TURNING RIGHT ON RED FROM LOCUST STREET ONTO
MCKINNEY STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
10.
NO. 2001-279
AN ORDINANCE REPEALING ORDINANCE NO. 99-127 PROHIBITING PARKING
ON SCHOOL DAYS FROM 7:30 A.M. TO 3:30 P.M. ON THE NORTH SIDE OF SUN
VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST
CURB OF YELLOWSTONE PLACE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
11.
NO. 2001-280
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
INSTALLATION OF TWO HANDICAPPED PARKING SPACES AT 1111 CORDELL
LOCATED ON THE SOUTH SIDE OF CORDELL, TWO HUNDRED SIXTY EIGHT
FEET WEST OF THE WEST CURBLINE OF THE INTERSECTION OF FULTON;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS AND
DECLARING AN EFFECTIVE DATE.
12.
NO. 2001-281
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT AGREEMENT
RELATED TO THE EXCHANGE OF PROPERTY RIGHTS, LOCATED IN THE N.
BRITTON SURVEY, ABSTRACT NO. 51 AND BEING A 0.474 ACRE TRACT AND
A 0.02 ACRE TRACT ALONG THE NORTH LINE OF HICKORY CREEK ROAD,
APPROXIMATELY 2,500 FEET WEST OF THE HICKORY CREEK ROAD/F.M.
2181 INTERSECTION, WITHIN THE CITY AND COUNTY OF DENTON, AND
PROVIDING AN EFFECTIVE DATE.
13.
NO. 2001-282
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND ANDREW
CORPORATION, RELATING TO THE PURCHASE OF STREET RIGHT-OF-WAY
AND EASEMENTS IN THE G. WALKER SURVEY, ABSTRACT 1330 AND THE D.
LAMBERT SURVEY, ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS
AND OTHER CONSIDERATIONS REGARDING THE PENDING
COLORADO/MAYHILL/EDWARDS PAVING AND DRAINAGE IMPROVEMENTS
PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
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Page 4
14.
15.
16.
NO. 2001-283
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE
APPLICATIONS AND EXECUTE GRANTS AND SUBSEQUENT AMENDMENTS
WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT
ADMINISTRATION AND THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR GRANTS FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORIZED
BY 49 U.S.C. 5307 AND OTHER APPLICABLE LAWS; AND PROVIDING AN
EFFECTIVE DATE.
NO. 2001-284
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER FIVE
TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS,
AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL
FINANCIAL SERVICES; PROVIDING FOR AN INCREASE IN THE QUANTITY OF
ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (FILE 2495 - DELL FINANCIAL SERVICES
AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE
AMOUNT OF $19,656.68 AND CHANGE ORDER TWO IN THE AMOUNT OF
$337,710.30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920 AND
CHANGE ORDER FOUR IN THE AMOUNT OF $17,406.36 PLUS CHANGE ORDER
FIVE IN THE AMOUNT OF $203,637.12 FOR A TOTAL OF $1,586,728.46).
NO. 2001-285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE
ATTACHED SECOND AMENDMENT TO THE AMENDED PROFESSIONAL
SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION AND SUPPORT
BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES,
INC., A QUALIFIED INFORMATION SYSTEMS VENDOR ("QISV") OF THE
STATE OF TEXAS, SAID CHANGE ORDER TO BE PAID FROM PREVIOUSLY
BUDGETED FUNDS IN THE AMOUNT OF ONE HUNDRED FORTY-ONE
THOUSAND, SEVEN HUNDRED AND TWENTY-FIVE DOLLARS ($141,725), TO
BRING THE TOTAL CONTRACT NOT TO EXCEED ONE MILLION, EIGHTY-
THREE THOUSAND NINE HUNDRED AND TWENTY DOLLARS ($1,083,920);
AND PROVIDING FOR AN EFFECTIVE DATE. THIS AMENDED AMOUNT IS
FOR PHASE IV OF THE JD EDWARDS IMPLEMENTATION FOR WORKFLOW
TO GO LIVE CONCURRENTLY WITH PHASE II AND PHASE III. (PURCHASE
ORDER 04402-01 TO ACCESS TECHNOLOGIES, INC. IN THE AMOUNT $942,195
INCLUDING CHANGE ORDER 1 PLUS CHANGE ORDER 2 IN THE AMOUNT OF
$141,725, FOR A TOTAL AMOUNT OF $1,083,920).
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Page 5
17.
NO. 2001-286
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION FOR HVAC COOLING TOWER,
REPLACEMENT FOR DOWNTOWN CHILLER PLANT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2679 - HVAC COOLING TOWER, REPLACEMENT FOR DOWNTOWN
CHILLER PLANT, AWARDED TO FROST & KEELING ASSOCIATES, INC.,
DALLAS, TX, IN THE AMOUNT OF $37,887)
18.
NO. 2001-287
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE PAINTING OF SERVICE CENTER AND VEHICLE
MAINTENANCE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2691 - PAINTING
OF SERVICE CENTER AND FLEET SERVICES BUILDINGS AWARDED TO
FRONTIER WATERPROOFING, INC., IN THE AMOUNT OF $84,552).
19.
NO. 2001-288
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR PUBLIC WORKS FOR MISCELLANEOUS AND/OR
ONE TIME CONSTRUCTION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2693 -
INDEFINITE QUANTITY CONTRACT (TERM) GENERAL CONSTRUCTION
AWARDED TO PATTON CONTRACTORS, INC., DALLAS, TX FOR AN
ESTIMATED ANNUAL EXPENDITURE UP TO $750,000).
20.
NO. 2001-289
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION FOR CONCRETE FLATWORK
FOR COOPER CREEK REGIONAL DETENTION POND #1; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2700 - CONCRETE FLATWORK FOR COOPER CREEK REGIONAL
DETENTION POND #1, AWARDED TO FLOYD SMITH CONCRETE, INC.,
DENTON, TX, IN THE AMOUNT OF $279,051.58.)
21.
NO. 2001-290
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE
USED IN THE LIBRARY WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE (TOTAL CONTRACT AMOUNT $29,563.08;
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City of Denton City Council Minutes
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PO 16307 TO EPIXTECH, INC., IN THE AMOUNT OF $7,390.77 IS FOR 4TM
QUARTER PAYMENTS).
22.
NO. 2001-291
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF TVR
APPLICATION SOFTWARE FOR UTILITY BILLING AND PROPERTY TAX
INQUIRY AND PAYMENT AS APPROVED BY THE STATE OF TEXAS GENERAL
SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES
VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDER 15210 TO TELE-WORKS, INC., IN THE AMOUNT OF $32,400).
23.
NO. 2001-292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE
EMPLOYEE SURVEY SOFTWARE FROM SIEGEL CONSULTING, INC., A
QUALIFIED INFORMATION SYSTEMS VENDOR OF THE STATE OF TEXAS
WHICH INCLUDES A SOFTWARE LICENSE AGREEMENT WITH
PERFORMANCE SUPPORT SYSTEMS, INC.; AND PROVIDING FOR AN
EFFECTIVE DATE (PURCHASE ORDER 16563 - SIEGEL CONSULTING INC., IN
THE AMOUNT OF $46,695).
24.
NO. 2001-293
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MULTI-PURPOSE
(COPY/PRINTER) PAPER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2701 - MULTI-
PURPOSE PAPER AWARDED TO XEROX CORP. IN THE ESTIMATED ANNUAL
AMOUNT OF $125,000).
25.
NO. 2001-294
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
NINETEEN PANASONIC CF-27 NOTEBOOK COMPUTERS AND PERIPHERALS
AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION
THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV)
CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 16084 TO TRIO
TBKNOLOGIBS, IN THE AMOUNT OF $110,271).
26. Re-appointment by the City Manager of Dr. Tory Caeti to the Civil Service Commission.
City of Denton City Council Minutes
August 21, 2001
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365
27.
NO. 2001-295
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
ADDITION OF COLLECTION FEES IN THE AMOUNT OF THIRTY PERCENT
(30%) ON EACH DEBT OR ACCOUNT RECEIVABLE SUCH AS FINES, FEES,
RESTITUTION AND OTHER DEBTS OR COSTS, NOT INCLUDING FORFEITED
BONDS, THAT ARE MORE THAN SIXTY DAYS PAST DUE AND THAT HAVE
BEEN REFERRED TO A COLLECTION AGENCY; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE.
28.
NO. 2001-296
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 99-289 BY INCREASING MUNICIPAL COURT TECHNOLOGY FUND FROM
$3.75 TO $4.00; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A
MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR A REPEALER;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR AN EXPIRATION DATE.
29.
NO. 2001-297
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A NEW
REDISTRICTING PLAN THEREBY REVISING CITY COUNCIL MEMBER
DISTRICT BOUNDARIES IN RESPONSE TO THE 2000 CENSUS, PROVIDING
FOR THE FOLLOWING: FINDINGS OF FACT, ELECTION PRECINCTS,
PROPERTY NOTICE AND MEETING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
30.
NO. R2001-043
A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS OPPOSING THE
ISSUANCE OF TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
AIR QUALITY PERMIT, IN PROCEEDING NO. 47958 TO MARRIOTT RENTALS,
INC. FOR A PORTABLE ASPHALT PLANT AT PROPERTY LOCATED ON
MASCH BRANCH ROAD, IN DENTON COUNTY, TEXAS; AUTHORIZING THE
MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR
QUALITY PERMIT FOR SUCH PLANT; AND DECLARING AN EFFECTIVE
DATE.
31.
NO. 2001-298
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND WESLEY CLARK AND JOSEPHINE C. CLARK
RELATING TO THE PURCHASE OF APPROXIMATELY 0.9213 ACRE OF LAND
BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406
OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH
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TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROViDING AN EFFECTIVE DATE (PARCEL 5B).
32.
NO. 2001-299
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
DENTON AND YMCA OF METROPOLITAN DALLAS, WHEREBY THE CITY IS
LEASING THE YMCA FACILITY AT 1117 RINEY ROAD, BEING LOT 1, BLOCK
1, YMCA ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON
COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
33.
APPROVED A REQUEST FOR RELIEF FROM THE NON-RESIDENTIAL INTERIM
ZONING REGULATIONS, ORDINANCE 2000-069 FOR A 2-ACRE PROPERTY
GENERALLY LOCATED WEST OF 1-35 ADJACENT TO 5201 1-35. THE
PROPERTY WAS IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT. RV SALES
WERE PROPOSED. (RN-01-0008)
34.
APPROVED A REQUEST FOR RELIEF FROM THE NON-RESIDENTIAL INTERIM
ZONING REGULATIONS, ORDINANCE 2000-069 FOR A 0.2-ACRE PROPERTY
LOCATED AT 1207 E. MCKINNEY STREET. THE PROPERTY WAS IN A
SINGLE-FAMILY (SF-7) ZONING DISTRICT. AN OFFICE BUILDING WAS
PROPOSED. (RN-01-0011)
35.
NO. R2001-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE MAYOR TO EXPAND THE BOARD OF COMMISSIONERS
OF THE DENTON HOUSING AUTHORITY FROM FIVE TO SEVEN
COMMISSIONERS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
PUBLIC HEARINGS
36. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 1.8 acres, commonly known as 1005-1009 Wilson Street, from Single-family-7
(SF-7) zoning district to Planned Development (PD) zoning district allowing multifamily uses
and providing a Concept Plan for that purpose. Elderly housing was proposed. The Planning
and Zoning Commission recommended denial (6-1). (Z-01-0010)
Doug Powell, Director of Planning and Development, stated that the application was to rezone
the property from single family dwelling to multi-family dwelling. A supermajority vote by the
Council was required due to opposition over 20% by adjoining property owners and the fact that
the Planning and Zoning Commission had recommended denial. If Council were to grant the
zoning, staff was requesting that a planned development should be done to allow for detailed site
planning.
The Mayor opened the public heating.
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367
The following individuals spoke during the public hearing:
Richard Franco - Denton Housing Authority - favor
Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - favor
Charlye Heggins, 422 Audra Lane, Denton, 76209 - favor
Mark Chew, 1151 Bentoaks, Denton, 76210 - favor
Petemia Washington, 618 E. Prairie, Denton, 76205 - opposed
Pauline Johansen, 2501 N. Bell, Apt. 235D, Denton, 76209 - favor
Billy Redmon, 1125 Morse, Denton, 76205 - favor
Carolyn Phillips, 722 Lakey Street, Denton, 76205 - opposed
Billy Brasfield, P.O. Box 50834, Denton, 76206 - opposed
Victor Mohammad, Austin-questioned the vote of the Planning and Zoning Commission
Willie Sellers, 930 Scott Drive, Denton, 76201 - favor
Willie Hudspeth 623 Newton, Denton, 76205 ~ opposed
Audrey Meadow, 606 Wilson, Denton, 76205 - opposed
Sherry McDade, Denton Housing Authority- favor
Comment cards were submitted by the following individuals:
Harold Jackson, 515 Smith Street, Denton, 76201 - opposed
Catherine Richard, 1022 Wilson, Denton, 76205 - opposed
Clara Richard, 1106 Morse, Denton, 76205 - opposed
Lura Powell, 1108 Wilson, Denton, 76205 - opposed
Alonzo Newton, 1206 Wilson, Denton, 76205 - opposed
Mae Nell Shephard, 608 Chambers, Denton, 76205 - opposed
Dorothy Minter, 819 Newton, Denton, 76205 - favor
Loraine Fowler, 302 S. Crawford, Denton, 76205 - favor
Lilly Motuir, 700 Board Walk, Denton, 76205 -opposed
Debra Duncan, 1328 Morse Street, Denton, 76205 - opposed
Deneshia Gay, 1328 Morse Street, Denton, 76205 -opposed
Novella Duncan, 1328 Morse Street, Denton, 76205 - opposed
Additional speakers during the public hearing included:
Harold Jackson, 601 Eagle Drive, Denton, 76205 - opposed
The Mayor closed the public heating.
The following ordinance was considered:
NO. 2001-300
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM SINGLE-FAMILY (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ALLOWING
MULTI-FAMILY USES FOR APPROXIMATELY 1.787 ACRES OF LAND
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LOCATED AT 1005-1009 WILSON STREET WHICH IS LOCATED ON THE
NORTH SDE OF WILSON STREET, EAST OF BRADSHAW AND WEST OF
RUDDELL; APPROVING A CONCEPT PLAN; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDrNG A SEVEP, ABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-01-
0010)
Fulton motioned, Redmon seconded to approve the proposal as a planned development with the
restriction of 12 units of elderly housing on the lots.
Council Member Burroughs offered a friendly amendment to direct the Denton Housing
Authority hold a neighborhood meeting during detailed plan process to address community
concerns.
On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "nay",
Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote,
Council Member Redmon left the meeting with a potential conflict of interest.
37. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.8 acres, commonly known as 702, 714, and 718 Lakey Street, from Single-
family-7 (SF-7) zoning district to Planned Development (PD) zoning district allowing
multifamily uses and providing a Concept Plan for that purpose. The Planning and Zoning
Commission recommended approval of 702 Lakey with conditions and denial of 714 and 718
Lakey (6-1). (Z-01-0011)
Doug Powell, Director of Planning and Development, stated that staff had received 21.92%
opposition by property owners within 200 feet thus requiring a supermajority vote by the
Council. The Planning and Zoning Commission had recommended approval of 702 Lakey Street
but denied the other two properties.
Herb Prouty, City Attorney, stated that a vote by the Council would require a supermajority vote
and with Council Member Redmon out with a potential conflict of interest, five affirmative votes
would be needed.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Richard Franco, Denton Housing Authority - favor
Lee Alcom, representing SEDNA - opposed
Carolyn Phillips, 722 Lakey, Denton, 76205 - opposed
Billy Braafiold, P.O. Box 50834, Denton, 76206 - opposed
Billy Redmon, 1125 Morse Street, Denton, 76205 - favor
Peternia Washington, 613 E. Prairie, Denton, 76205 - opposed
Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - favor
Willie Brewer, Sagebrush, Denton, 76205 - opposed
Victor Mohammad, Austin- opposed
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Willie Hudspeth, 623 Newton, Denton, 76205 - opposed
Audrey Meadow, 606 Lakey, Denton, 76205 - opposed
The Mayor closed the public hearing.
Beasley motioned, Fulton seconded to approve 702 Lakey as recommended by the Planning and
Zoning Commission with a duplex and to deny 714 and 718 Lakey.
Burroughs motioned, McNeill seconded to table the proposal until a request was received by the
Denton Housing Authority to reconsider the proposal. On roll vote, Beasley "aye", Burroughs
"aye", Fulton "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion carried
unanimously.
Council Member Redmon returned to the meeting.
38. The Council held a public hearing and considered an adoption of an ordinance approving
a Detailed Plan for Bluffview Villas within a Planned Development (PD-195) zoning district.
The 29.2 acre property was located at 1551 Mingo Road. A senior housing complex and public
park were proposed. The Planning and Zoning Commission recommended approval with
conditions (6-0). (Z-01-0017, Bluffview Villas)
Doug Powell, Director of Planning and Development, stated that this was the detailed plan
associated with the Planned Development.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Alan Bucel, representing the developer, favor
The Mayor closed the public heating.
The following ordinance was considered:
NO. 2001-301
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 2001-148 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 29.2 ACRES
LOCATED WITHIN A PLANNED DEVELOPMENT (PD-195) AND ONE FAMILY
DWELLING (SF-7) ZONING DISTRICTS; THE SUBJECT PROPERTY BEING
LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD,
APPROXIMATELY 500' EAST OF RUDDELL STREET; COMMONLY KNOWN AS
1551 MINGO ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z01-0017)
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August 21, 2001
Page 12
Fulton motioned, Beasley to adopt the ordinance with the conditions as recommended by the
Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye",
McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried
unanimously.
39. The Council held a public hearing and considered adoption of an ordinance to amend
Chapter 34, "Subdivision and Land Development Regulations" and Chapter 35 "Zoning
Ordinance" of the Code of Ordinances of the City of Denton, Texas, to add regulations relating
to gas well development and to amend the Fee Schedule. The Planning and Zoning Commission
voted to defer discussion on the text amendments and voted 7-0 to amend the fee schedule.
(SI01-0011)
Doug Powell, Director of Planning and Development, stated the Planning and Zoning
Commission had discussed the changes in a work session. This oridnance would change the fees
for gas platting.
The Mayor opened the public heating.
The following individuals spoke during the public hearing:
Betty Farmer, 9475 Hilltop Road, Argyle, 76226 - questions regarding the process.
Edwin Fulton - questions regarding well sites
Robert Miller, Dallas, questions regarding special use permit
The Mayor closed the public hearing.
Fulton motioned, Burroughs seconded to approve the fee schedule. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
40. The Council held a public hearing and considered adoption of an ordinance to amend
Chapter 35 "Zoning Ordinance" of the Code of Ordinances of the City of Denton, Texas, to
amend Section 35-91(e) "Lot coverage and density standards". The Planning and Zoning
Commission recommended approval 7-0. (SI01-0014)
Doug Powell, Director of Planning and Development, stated that currently the allowed lot
coverage was at 35%. The current building standards was now at 50-65%. The oridnance would
increase the allowed lot coverage to 50%.
The Mayor opened the public heating.
Bob Shelton spoke to the issue.
The Mayor closed the public heating.
The following ordinance was considered:
City of Denton City Council Minutes
August 21, 2001
Page 13
371
NO. 2001-302
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO SUBSECTION 35-01(E)(1) OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, TO INCREASE THE MAXIMUM BUILDING
COVERAGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
CRIMINAL PENALTY NOT TO EXCEED $2,000.00; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Fulton motioned, Redmon seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye',, Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
41. The Council held a public hearing and considered adoption of an ordinance to repeal or
make certain amendments to the Interim Residential Regulations, Ordinance 2000-046, amended
by Ordinance 2000-178, including the exemptions to the size of developments. The Planning
and Zoning Commission recommended not amending the ordinance (5-2). (SI01-0012)
Doug Powell, Director of Planning and Development, stated that the oridnance would amend the
residential interim regulation to exempt a single family residential development application of
not more than 50 acres and would amend the density recommendation of the Comprehensive
Plan.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCES NOS. 2000-046 AND 2000-178 COMMONLY CALLED THE
"RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO
THE EXEMPTIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE.
Burroughs motioned, McNeill seconded to modify the interim regulations for single family
development to exempt 50 acres and below from the regulations and to modify the density to the
target as noted. On roll vote, Beasley "nay", Burroughs "aye", Fulton "aye", McNeill "aye",
Phillips"aye", Redmon"aye", and Mayor Brock"nay". Motion carried with a 5-2 vote.
42. The Council held a public hearing and considered adoption of an ordinance to repeal or
make certain amendments to the Interim Non-Residential Regulations, Ordinance 2000-069,
amended by Ordinance 2000-179. The Planning and Zoning Commission recommended taking
no action on repealing the ordinance (5-2). (SI01-0013)
372
· City of Denton City Council Minutes
August 21, 2001
Page 14
Doug Powell, Director of Planning and Development, stated that this ordinance would repeal the
nonresidential interim regulations except for those properties that had received any prior
approval under the regulations.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed public hearing.
The following ordinance was considered:
NO. 2001-304
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE
NOS. 2000-069 AND 2000-179 COMMONLY CALLED THE "NONRESIDENTIAL
INTERIM REGULATIONS"; PROVIDING FOR SURVIVAL OF THE
NONRESIDENTIAL INTERIM REGULATIONS FOR DEVELOPMENTS
PREVIOUSLY APPROVED UNDER THEM; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE.
Fulton motioned, Burroughs seconded to adopt the ordinance as written. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
43. The Council held a public hearing and considered adoption of an ordinance amending
Chapter 34 of the Code of Ordinances of the City of Denton, Texas to add Section 34-127
"Payments in lieu of construction policies and procedures"; providing a severability clause and a
repealer clause; and providing an effective date. (The Planning and Zoning Commission
recommended approval 6-0).
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-305
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34
"SUBDIVISION AND LAND DEVELOPMENT REGULATIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD SECTION 34-127
"PAYMENTS IN LIEU OF CONSTRUCTION POLICIES AND PROCEDURES";
PROVIDING A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 21, 2001
Page 15
373'
Mayor motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
ITEMS FOR INDIVIDUALS CONSIDERATION
44. The Council considered adoption of an ordinance authorizing the Mayor to execute an
amendment to that certain tax abatement agreement with United Copper Industries, Inc. which
eliminates the minimum employment and annual payroll thresholds; and providing an effective
The following ordinance was considered:
NO. 2001-306
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO THAT CERTAIN TAX ABATEMENT AGREEMENT WITH UNITED COPPER
INDUSTRIES, INC. WHICH ELIMINATES THE MINIMUM EMPLOYMENT AND
ANNUAL PAYROLL THRESHOLDS; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carded unanimously.
45. The Council considered approval of an exaction variance of Section 34-114(17) of the
Code of Ordinances of the City of Denton, Texas for the Opaskey Addition (1001 Ryan Road)
concerning installation of sidewalks on Ryan Road. (The Planning and Zoning Commission
recommended approval 6-0.)
Fred Opanskey, 1001 Ryan Road, Denton, submitted a comment card in favor of the variance.
Beasley motioned, Burroughs seconded to approve the exaction variance. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
46. The Council considered approval of a resolution approving a Residential Project Plan for
Knollwood Villas. The 22-acre property was in a Multi-family (MF-I(c)) zoning district located
on the south side of McKinney Street, approximately 700 feet west of Loop 288. A multi-family
development was proposed. (SP-01-0011)
Alan Bucel spoke on the proposal.
The following resolution was considered:
NO. R2001-045
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
RESIDENTIAL PROJECT PLAN LOCATED WITHIN A MULTI-FAMILY
3 7 4City of Denton City Council Minutes
August 21, 2001
Page 16
CONDITIONED (MF-l[c]94) DISTRICT, BEING AN APPROXIMATE 22 ACRE
SITE LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET,
APPROXIMATELY 1000' WEST OF LOOP 288 IN THE CITY OF DENTON,
TEXAS, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE. (SP-01-0011, KNOLLWOOD VILLAS).
Burroughs motioned, McNeill seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carded unanimously.
47. The Council considered and took action on a request, by Denton Housing Authority, to
waive application, processing, building permit, inspection, park dedication, park improvement
and impact fees associated with the proposed development of 500 S. Ruddell, 1340 and 1710
Morse Street, 1005-1009 Wilson Street, 702, 714 and 718 Lakey Street and 2329 Hinkle Drive.
Multi-family housing developments were proposed. (SI-00-0006)
Beasley motioned, Burroughs seconded to not approve the waivers.
Carolyn Phillips, 722 Lakey Street, Denton, 76205, spoke on the issue.
Comment Cards were submitted by the following:
Mae Nell Shephard, 608 Chambers, Denton, 76205 - opposed
Harold Jackson, 515 Smith Street, Denton, 76201 - opposed
Alonzo Newton, 1206 Wilson Street, Denton, 76205 - opposed
On roll vote to deny the waivers, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye",
Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
48. The Council considered the first reading of an ordinance to voluntarily annex
approximately 72.3 acres of land in the northern section of the City of Denton Extraterritorial
Jurisdiction (ETJ). The site was generally located north of Loop 288, east of Stuart Road and
west Sherman Drive. (A-01-0001)
Burroughs motioned, Beasley seconded to approve the first reading of the ordinance for
annexation. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously.
49. The Council considered nominations and appointments to the City's boards and
commissions.
Council Member Phillips nominated John Eddy to the third alternate position on the Zoning
Board of Adjustment.
Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this
meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
August 21, 2001
Page 17
37'5',
50. The Council received a report, held a discussion and gave staff direction regarding the
2001-2002 proposed budget.
Kathy DuBose, Assistant City Manager for Finance, reviewed the budget information for
Council.
51. New Business
The following items of New Business were suggested by Council Members for future agendas:
B.
C.
D.
Council Member Perry requested to be removed from the Lalor Committee and
palce Council Member Phillips on the Committee.
Council Member Perry requested information on what other cities did regarding
public hearings - length of time, number of speakers, etc.
Council Member Fulton requested information concerning a campaign ethics
statement for future elections.
Council Member Redmon requested that the small area plans incorporate the
parking situation around Fred Moore Park and other parks in the city.
52.
Items from ihe City Manager
A. Notification of upcoming meetings and/or conferences.
B. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
53. There was no continuation of Closed Meeting under Sections 551.071-55'1.086 of the
Texas Open Meetings Act.
54. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned 12:35 p.m.
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS