Minutes October 02, 2001
CITY OF DENTON CITY COUNCIL MINUTES
October 2, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, October 2, 2001 at 5:15 p.m. in the City of
Denton Council Work Session Room, Denton City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips and Redmon.
ABSENT: None
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters –
Under TEXAS GOVERNMENT CODE Section 551.086.**
(1) Received competitive electric and commercial information from one of the
City’s Texas Municipal Power Agency (“TMPA”) Board Members and/or
City Staff pertaining to matters regarding the TMPA Annual Meeting, and
including present and future maintenance issues, financial issues,
operational issues, legal issues, compliance issues, and other related issues
and strategies concerning the City’s interest in, and its business
relationship with TMPA; discuss, deliberate, consider, and provide such
TMPA Board Member and/or Staff with direction regarding same.
B. Deliberations regarding real property – Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney – Under TEXAS
GOVERNMENT CODE Section 551.071.
(1) Deliberated the purchase and value of real property interests for street
purposes in the Mary Austin Survey, Abstract No. 4 and being an
approximate 0.777 acre tract in Denton County, Texas, located about 200
feet north of Pecan Creek, along the west side of State Highway Loop 288;
which acquisition is for a public purpose. Receive legal advice from the
City Attorney or his staff concerning legal issues regarding the acquisition
and/or condemnation of such real property interests. (Duchess Drive).
C. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section
551.071.
(1) Discussed and considered strategy, status, and possible settlement of
litigation with the City’s attorneys in litigation styled City of Denton, et al
v. TXU Electric Company, et al, Cause No. 009383 currently pending in
th
the 134 District Court of Dallas County, Texas, and discuss legal issues
concerning this litigation with the attorneys where to discuss these matters
in public would conflict with the duty of the City’s attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
City of Denton City Council Minutes
October 2, 2001
Page 2
(2) Considered and discussed status and possible settlement authority of
litigation styled Truman and Carole Harp v. City of Denton, Cause No.
rd
98-30822-211, currently pending in the 393 District Court of Denton
County, Texas.
Regular Meeting of the City of Denton City Council on Tuesday, October 2, 2001 at 6:00 p.m. in
the Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
2. Mayor Brock presented the following proclamations:
A. Breast Cancer Awareness Month
B. Texas Task Force 1-Urban Search and Rescue Appreciation Day
3. The City was presented a Library TIF Grant.
4. City Manager Conduff presented recognition of staff accomplishments.
CITIZEN REPORTS
5. Peternia Washington regarding Southeast Denton Small Area Plan.
Ms. Washington stated that the Southeast Denton Small Area Plan was a good plan and although
the meetings were not attended by everyone in southeast Denton, there was a good representation
of the neighborhood.
6. This request had been withdrawn.
7. Carolyn Phillips regarding forgery vs. Wilson St. zoning case.
Ms. Phillips stated that there was no intent to misinform anyone when representing the
opposition to the recent Wilson Street zoning case. She asked the Council to study the intent of
the Denton Housing Authority zoning case that would be coming before Council in the near
future.
8. Ross Melton regarding lack of response from the City and the trash and debris ordinance.
Mr. Melton felt that he had not received a response from the City regarding his problems with
Code Enforcement and was still having a problem with the trash and debris ordinance.
City of Denton City Council Minutes
October 2, 2001
Page 3
NOISE EXCEPTIONS
9. The Council considered a request for an exception to the noise ordinance for the purpose
of Fuego y Alma: The International Latino Music and Arts Festival of North Texas scheduled
for October 13, 2001 during the hours of 11 a.m. to 12 midnight at the Civic Center Park.
Specifically, the request was for an exception to the hours of operation and an exception to the
sound level requirements from 65 dba to 70 dba of the noise ordinance.
Beasley motioned, Burroughs 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.
10. The Council considered a request for an exception to the noise ordinance for the purpose
of Bryan Fair: a celebration of live music, outdoor art display, and video screening scheduled for
October 26 and 27 from 3 p.m. to 11 p.m. to be held in the courtyard of 410 Bryan Street. Bryan
Fair was requesting an exception to the hours of operation and an exception to the sound level
requirements from 65 dba to 70 dba of the noise ordinance.
Mayor motioned, Fulton seconded to approve the exception but to keep the sound level at 65 db.
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 Phillips requested that Item #29 be pulled for separate consideration.
Mayor Pro Tem Beasley requested that Items #17 and #42 be pulled for separate consideration.
Mayor Brock indicated that Item #36 would not be considered.
Mayor Brock noted that she would be voting on all of the remaining Consent Agenda items
except for the TXU Item #37.
Burroughs motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of the above noted pulled items. On roll vote,
Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and
Mayor Brock “aye”. Motion carried unanimously with Mayor Brock not voting on Item #37 due
to a conflict of interest.
11. Approved the minutes of August 28, September 4, September 11, September 17, and
September 18, 2001.
12. NO. 2001-369
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING
ON BOTH SIDES OF IOOF STREET FROM ITS INTERSECTION WITH
HIGHLAND STREET NORTH FOR 673 FEET; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
City of Denton City Council Minutes
October 2, 2001
Page 4
FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
13. NO. 2001-370
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL
CHILDREN IN DAYCARE CENTERS; RATIFYING THE ACTIONS OF THE CITY
MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN
REGARD TO THE GRANT APPLICATION; AND PROVIDING AN EFFECTIVE
DATE.
14. NO. R2001-053
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH
CERTIFICATES OF OBLIGATION SO THAT PROJECTS APPROVED IN THE 2001-
2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND
PROVIDING AN EFFECTIVE DATE. (PROJECTS - $450,000.00 FOR AIRPORT
IMPROVEMENTS AND $200,000.00 FOR PURCHASE OF YMCA LAND AND
BUILDING).
15. NO. R2001-054
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH
GENERAL OBLIGATION BONDS SO THAT A PROJECT APPROVED IN THE 2001-
2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND
PROVIDING AN EFFECTIVE DATE. (PROJECT - $4,000,000.00 FOR AQUATIC
CENTER).
16. NO. 2001-371
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A
WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN
THE CITY OF DENTON, TEXAS AND THE LAKE CITIES MUNICIPAL UTILITY
AUTHORITY (“LCMUA”) WHEREIN DENTON AGREES TO PROVIDE
WHOLESALE WASTEWATER TREATMENT SERVICES TO LCMUA;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
18. NO. 2001-372
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE LEASE OF AGRICULTURAL LAND AT THE
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October 2, 2001
Page 5
MUNICIPAL AIRPORT AND PROVIDING FOR AN EFFECTIVE DATE (BID 2713 –
LEASE OF AGRICULTURAL LAND AT MUNICIPAL AIRPORT).
19. NO. 2001-373
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF COATING AT FIRE
STATIONS NO. 5 AND NO. 6, DENTON, TX; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2714 – ROOF COATING AT FIRE STATIONS NO. 5 AND NO. 6,
AWARDED TO MOISTURE SHIELD, INC., DALLAS, TX IN THE AMOUNT OF
$39,330.00).
20. NO. 2001-374
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE CARPENTER ROAD
SANITARY SEWER, DENTON, TX; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2731 –
CARPENTER ROAD SANITARY SEWER, AWARDED TO DICKERSON CONST.
CO., INC, CELINA, TX, IN THE AMOUNT OF $162,363.75).
21. NO. 2001-375
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HUITT-ZOLLARS, INC.
FOR THE DESIGN OF SOLID WASTE FACILITIES AS SET FORTH IN THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2685 –
PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF SOLID WASTE
FACILITIES AWARDED TO HUITT-ZOLLARS, INC., FOR A TOTAL AMOUNT OF
$198,000).
22. NO. 2001-376
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 10,
ARTICLE II “PURCHASING” OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS TO PROVIDE THAT THE CITY OF DENTON MAY UTILIZE
ANY PURCHASING AND PROCUREMENT METHOD AUTHORIZED BY LAW;
ALLOWING ALTERNATIVE PROCUREMENT METHODS FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (FILE 2740 –
PURCHASING ORDINANCE AMENDMENT)
23. NO. 2001-377
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE ANNUAL SUPPLY OF FRONT LOAD REFUSE
CONTAINERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
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October 2, 2001
Page 6
AND PROVIDING AN EFFECTIVE DATE (BID 2732 – FRONT LOAD REFUSE
CONTAINER AWARDED TO ROLL OFFS OF AMERICAN/USA IN THE ANNUAL
ESTIMATED AMOUNT OF $85,000).
24. NO. 2001-378
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CITY’S
PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
25. NO. 2001-379
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC. FOR
ADDITIONAL ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN
OF AND PREPARATION OF ENGINEERING PLANS AND SPECIFICATIONS FOR;
TOGETHER WITH OTHER PROFESSIONAL ENGINEERING SERVICES
INCIDENT TO ADDITIONAL IMPROVEMENTS THAT ARE NECESSARY TO
GAIN OPERATIONAL EFFICIENCY AND TO ADD HYDRAULIC CAPACITY,
INCIDENT TO THE CONSTRUCTION, EXPANSION, AND COMPLETION OF THE
PECAN CREEK WATER RECLAMATION PLANT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
26. NO. 2001-380
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC. FOR
ADDITIONAL ENGINEERING SERVICES PERTAINING TO THE RESIDENT
PROJECT REPRESENTATION SERVICES FOR THE CONSTRUCTION PERIOD;
SPECIALTY INSPECTION SERVICES FOR THE ELECTRICAL,
INSTRUMENTATION, AND HVAC EQUIPMENT FOR THE CONSTRUCTION
PERIOD; PRODUCTION OF A COMPREHENSIVE OPERATION AND
MAINTENANCE MANUAL FOR PLANT OPERATION; INCIDENT TO THE
CONSTRUCTION, EXPANSION, AND COMPLETION OF THE PECAN CREEK
WATER RECLAMATION PLANT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
27. NO. 2001-381
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1
TO THE PUBLIC WORKS CONTRACT PROVIDING FOR CONSTRUCTION OF
City of Denton City Council Minutes
October 2, 2001
Page 7
THE GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN
BETWEEN THE CITY OF DENTON, TEXAS AND S. J. LOUIS CONSTRUCTION
OF TEXAS, LTD., L.L.P.; PROVIDING FOR AN EXPANSION OF SERVICES, AND
AN INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN
INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE
DATE (BID NO. 2571 TO S. J. LOUIS CONSTRUCTION OF TEXAS, LTD., L.L.P. IN
THE AMOUNT OF $2,302,537.22 PLUS CHANGE ORDER NO. 1 IN THE AMOUNT
OF $171,516.75).
28. NO. 2001-382
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND
NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE BASIC
SERVICES-FINAL DESIGN; AND CONSTRUCTION PHASE SERVICES-GENERAL
REPRESENTATION, AND THE PERFORMANCE OF OTHER RELATED
CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY
ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
30. NO. 2001-383
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF AVENUE E AND A PORTION OF AVENUE D TO NORTH TEXAS
BOULEVARD; AND PROVIDING AN EFFECTIVE DATE.
31. This item was not considered.
32. This item was not considered.
33. NO. 2001-384
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS
OF FIELD TRAINING OFFICER (FTO) IN THE FIRE DEPARTMENT; AND
PROVIDING AN EFFECTIVE DATE.
34. NO. 2001-385
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS
OF HAZARDOUS MATERIAL RESPONSE TEAM MEMBER IN THE FIRE
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
October 2, 2001
Page 8
35. NO. 2001-386
AN ORDINANCE ON SECOND READING TO ANNEX APPROXIMATELY 73.2
ACRES OF LAND LOCATED NORTH OF LOOP 288, EAST OF STUART ROAD
AND WEST OF SHERMAN DRIVE IN THE EXTRATERRITORIAL JURISDICTION
OF THE CITY OF DENTON, TEXAS, TO APPROVE A SERVICE PLAN FOR THE
ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO
PROVIDE FOR AN EFFECTIVE DATE. (A-01-0001)
36. This item was not considered.
37. Approved the second reading granting to TXU Electric Company doing business as TXU
Electric, a franchise for the purpose of constructing, maintaining, and using an electric
utility system in the City of Denton; regulating the construction work done by the grantee
in the city; prescribing the duties, responsibilities, and rule-making authority of the City
Manager and the City with respect to administration of this franchise; providing for
enforcement of the franchise; prescribing the compensation to be paid the City by the
grantee for the franchise privilege; setting forth the term of the franchise; providing for a
severability provision; providing for acceptance of the franchise by grantee; providing for
retroactive effect; and providing an effective date.
38. NO. R2001-056
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE
TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION ALLOWING THE
USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF
50,000 OR MORE; AND PROVIDING FOR AN EFFECTIVE DATE.
39. NO. R2001-057
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE
TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION INCREASING THE
HOTEL/MOTEL SALES TAX TO 9% FOR CITIES OVER 75,000 TO PROVIDE FOR
CONVENTION CENTER FACILITIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
40. NO. R2001-058
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE
TEXAS MUNICIPAL LEAGUE TO OPPOSE LEGISLATION ALLOWING THE
CREATION OF SPECIAL DISTRICTS WITHIN A CITY’S EXTRATERRITORIAL
JURISDICTION AND TO SUPPORT LEGISLATION REQUIRING SPECIAL
DISTRICTS, INCLUDING WATER DISTRICTS, TO PROVIDE NOTICE AND
RECEIVE PERMISSION FROM A CITY BEFORE FORMING WITHIN A CITY’S
EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Denton City Council Minutes
October 2, 2001
Page 9
41. NO. R2001-059
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE
TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION REQUIRING
FACILITIES CONSTRUCTED OR ACQUIRED BY A HIGHER EDUCATION
AUTHORITY OR NONPROFIT CORPORATIONS ACTING ON THEIR BEHALF TO
BE LOCATED WITHIN THE BOUNDARIES OR EXTRATERRITORIAL
JURISDICTION OF A CITY THAT CREATED THE AUTHORITY.
Item #17 was considered.
Mayor Pro Tem Beasley nominated Rick Woolfolk.
Council Member Burroughs nominated Charles Stafford.
The following resolution was considered:
NO. R2001-055
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF
THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
Beasley 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 carried unanimously.
Item #29 was considered
Council Member Phillips felt that this position was not necessary and that the city would be
giving up a man-year of work for this employee from the Texas Forest Service. He indicated
that this was not the time to be adding employees to the budget.
Phillips motioned, Redmon seconded to postpone consideration of the item in order to review it
at a work session.
Council Member Burroughs felt that this item was not a policy issue but rather a management
issue.
City Manager Conduff stated that the focus of the Council was on policy issues and that this item
was a mechanism to accomplish a goal. He felt it was a management issue and not a policy
issue. He requested that the Council not postpone the item but rather vote to approve or not
approve the item. It was not necessary to have a work session on the item.
Council Member McNeill stated that the policy question was related to accepting grants and the
general philosophy of accepting grants that lead to full time employees.
Phillips and Redmon withdrew the motion and second to postpone.
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October 2, 2001
Page 10
Phillips motioned, Redmon seconded to deny adoption of the ordinance. On roll vote, Beasley
“nay”, Burroughs “nay”, Fulton “aye”, McNeill “nay”, Phillips “aye”, Redmon “aye”, and Mayor
Brock “nay”. Motion failed with a 3-4 vote.
Council Member McNeill indicated that he had cast his vote incorrectly.
On revote of the motion to deny, Beasley “nay”, Burroughs “nay”, Fulton “aye”, McNeill “aye”,
Phillips “aye”, Redmon “aye”, and Mayor Brock “nay”. Motion carried with a 4-3 vote.
Item #42 was considered.
Council Member Burroughs reviewed the provisions of the legislation.
Beasley motioned, Phillips seconded to deny adoption of the ordinance. On roll vote, Beasley
“aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor
Brock “nay”. Motion carried with a 6-1 vote.
PUBLIC HEARINGS
43. The Council held a public hearing inviting citizens to comment on the proposed usage of
the 2001 Local Law Enforcement Block Grant funding.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required by Council on this item at this time.
44. The Council held the first of two public hearings to consider the voluntary annexation
and service plan for approximately 2.67 acres of land generally located north of Crawford Road,
east of Interstate Highway 35W and west of John Paine Road, in the City of Denton
Extraterritorial Jurisdiction. (A01-0006)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The public hearing was closed.
No action was required by Council on this item at this time.
City of Denton City Council Minutes
October 2, 2001
Page 11
45. The Council held the first of two public hearings to consider the involuntary annexation
and service plan for approximately 300 acres of land generally located north of Lively Road,
south of FM 2449 and west of C. Wolfe Road in the City of Denton Extraterritorial Jurisdiction.
(A01-0007)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required by Council on this item at this time.
46. The Council held the first of two public hearings to consider the involuntary annexation
and service plan for approximately 882 acres of land generally located south of Jim Christal
Road and west of C. Wolfe Road in the City of Denton Extraterritorial Jurisdiction. (A01-0008)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Bill Dahlstrom, 1445 Ross Avenue, Suite 3200, Dallas, 75202 - opposed
The Mayor closed the public hearing.
No action was required by the Council on this item at this time.
47. The Council held the first of two public hearings to consider the involuntary annexation
and service plan for approximately 104 acres generally north of Jim Christal Road, south of
University and west of Masch Branch Road in the City of Denton Extraterritorial Jurisdiction.
(A01-0009)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Beth Manning, 3104 Deerfield, Denton, 76209– opposed
Ken Bonson, - if annex, keep word on giving services
Linda Cole, 6376 Jim Christal, Denton, 76207 - opposed
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October 2, 2001
Page 12
Larry Manning, 3104 Deerfield, Denton, 76208 – opposed
Rusty Reed, no address given - opposed
Mark Cole, 6376 Jim Christal, Denton, 76208, presented a speaker card in opposition.
The Mayor closed the public hearing.
No action was required by the Council on this item at this time.
48. The Council held a public hearing and considered adoption of an ordinance approving a
Specific Use Permit (SUP) for a telecommunication tower approximately 104 foot high on 0.34
acres located at 1217 W. Oak and zoned General Retail (GR). The Planning and Zoning
Commission recommended approval 7-0. (Z01-0015)
Doug Powell, Director of Planning and Development, presented the details on the case as noted
in the agenda materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Hart Mason, 1341 W. Mockingbird, Suite 600E, Dallas, 75247 - favor
Michael Crain, 1341 W. Mockingbird, Suite 600E, Dallas, 75247 – favor
Mike Esfandi, 1314 W. Mockingbird, Dallas, 75247 – favor
Curtis Loveless, 218 N. Elm, Denton, 76201 – favor
The following Comment Cards were presented:
William Vaughn, 1341 W. Mockingbird, Dallas, 75427 - favor
Dwayne Baker, 2409 Summit Court, Denton, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-387
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON 0.34 ACRES OF
LAND LOCATED AT 1217 WEST OAK, WITHIN A GENERAL RETAIL (GR)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z01-0015)
Burroughs motioned, McNeill 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.
City of Denton City Council Minutes
October 2, 2001
Page 13
ITEMS FOR INDIVIDUAL CONSIDERATION
49. A. The Council considered approval of a resolution of the City of Denton, Texas,
supporting Proposition #15 on the November 6, 2001 Constitutional Amendment Election,
creating the Texas Mobility Fund, and authorizing grants, loans of money, and issuance of
obligations for financing of mobility projects throughout the State of Texas.
Council Member Burroughs presented an update on the constitutional amendments that would be
th
on the November 6 election relative to the issuance of mobility funding.
The following resolution was considered:
NO. R2001-060
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING
PROPOSITION #15 ON THE NOVEMBER 6, 2001 CONSTITUTIONAL
AMENDMENT ELECTION, CREATING THE TEXAS MOBILITY FUND, AND
AUTHORIZING GRANT, LOANS OF MONEY, AND ISSUANCE OF
OBLIGATIONS FOR FINANCING OF MOBILITY PROJECTS THROUGHOUT THE
STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Burroughs 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 carried unanimously.
B. The Council received a briefing from Council Member Burroughs regarding
recent activities of the Dallas Regional Mobility Coalition and the NCTCOG Regional
Transportation Council.
Council Member Burroughs reviewed his duties on the Dallas Regional Mobility Coalition and
the NCTCOG Regional Transportation Council as noted in the agenda materials.
50. The Council considered nominations and appointments to the City’s Boards and
Commissions.
Council Member Redmon nominated Cassandra Berry to the Parks, Recreation and
Beautification Board.
Phillips motioned, Burroughs seconded to suspend the rules and approve 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.
51. New Business
The following items of New Business were suggested by Council for future agendas or for
information from the City Manager:
City of Denton City Council Minutes
October 2, 2001
Page 14
A. Council Member Redmon requested information on the use of HUBs for RFP
contracts.
B. Council Member McNeill asked about the schedule for the development code.
C. Council Member Redmon asked for an update on the status of the billboards on
Loop 288.
D. Council Member Phillips requested an update on the time frame for the recycling
bids.
52. Items from the City Manager
City Manager Conduff did not have any items for Council.
53. There was no continuation of Closed Meeting under Sections 551.071-551.086 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 at 9:00 p.m.
__________________________
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS