Minutes October 16, 2001
CITY OF DENTON CITY COUNCIL MINUTES
October 16, 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 16, 2001 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Fulton, McNeill,
Phillips and Redmon.
ABSENT: Council Member Burroughs
1. The Council considered the following in Closed Meeting:
A. 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
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the 134 District Court of Dallas County, Texas, and discussed 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 the Professional
Conduct of the State Bar of Texas.
Regular Meeting of the City of Denton City Council on Tuesday, October 16, 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. A. Mayor Brock presented the following proclamations:
1. World Population Awareness Week
2. Teen Read Week
3. Stop the Hate
B. Mayor Brock presented the Yard of the Month Awards to:
Steven and Susan Alspach
Courtyard Apartments
Stephen A. Weinberg, M.D., P.A.
Denton Heart Group and CSANT
West & Co.
Joseph Fletcher, M.D., P.A.
North Central Texas Workforce Center
Dan McBride, M.D.
Dr. and Mrs. Ronald Wilson
City of Denton City Council Minutes
October 16, 2001
Page 2
3. Resolution of Appreciation
A. The Council considered approval of a resolution of appreciation for Johnny
Thompson.
Mr. Thompson was not present at the meeting.
4. Recognition of staff accomplishments.
City Manager Conduff presented staff accomplishments.
CITIZEN REPORTS
5. Carolyn Phillips regarding forgery vs. Wilson Street zoning case – Part 2.
Ms. Phillips stated she was concerned that a member of the Council responded to her comments
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during her October 2 citizen report. She stated that a letter containing her name had been read
in part at that meeting and requested a complete copy of that letter.
6. Peternia Washington regarding Southeast Denton Small Area Plan, District One Council
Seat, and Barlow’s Café.
Ms. Washington stated the people who attended the meetings on the Small Area Plan were in
favor of the Plan. If the Plan were started over, there would always be people who were not in
favor of the Plan.
7. Dorothy Damico regarding fair campaign practices.
Ms. Damico stated that she was pleased that the Council passed a resolution regarding fair
campaigning practices. She presented a petition from former mayors and council members who
were in favor of fair campaign practices. She urged Council to follow those practices and to
make sure that the code of campaign practices was presented to each candidate in all elections.
8. Carl Young, Sr. regarding a community update.
Mr. Young stated that the Southeast Denton Small Area Plan was a document that the Council
had not approved yet. The citizens in the area did not have buy-in on the Plan. He was in favor
of redoing the plan. He questioned the need for a small area plan.
CONSENT AGENDA
McNeill motioned, Fulton seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips
“aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously.
9. Approved the minutes of September 19, October 2, and October 9, 2001.
City of Denton City Council Minutes
October 16, 2001
Page 3
10. NO. 2001-388
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON
FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES
AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDERS 100045 TO AA AMERICAN ELECTRIC POWER, 100046 TO LOWER
COLORADO RIVER AUTHORITY, 100047 TO RELIANT ENERGY, 100048 TO
TXU ELECTRIC-TRANSMISSION DIVISION, 100049 TO AUSTIN ENERGY,
100050 TO BRAZOS ELECTRIC POWER COOP., IN THE TOTAL AMOUNT OF
$275,344.50).
11. NO. 2001-389
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR
THE ACQUISITION OF A 16 FOOT CUT DIESEL POWERED MOWING UNIT BY
WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE (FILE 2747 INTERLOCAL AGREEMENT – PURCHASE
ORDER 100051 TO H-GAC IN THE AMOUNT OF $61,585.32).
12. NO. 2001-390
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF HURST AND AWARDING A
CONTRACT FOR THE PURCHASE OF STREET SLURRY SEAL SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (FILE 2748 – INTERLOCAL AGREEMENT
FOR STREET SLURRY SEAL SERVICES WITH THE CITY OF HURST,
CONTRACT AWARDED TO VIKING CONSTRUCTION, INC. IN THE ESTIMATED
AMOUNT OF $157,600).
13. NO. 2001-391
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (FILE 2733 – INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH
TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT FORD IN THE
AMOUNT OF $173,792).
City of Denton City Council Minutes
October 16, 2001
Page 4
14. NO. 2001-392
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN
ANNUAL MAINTENANCE AGREEMENT FOR CITY OF DENTON PHONE
SYSTEM INCLUDING MAINTENANCE AND EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE (PO 100044 TO VERIZON, IN THE AMOUNT OF $40,000.08).
15. NO. 2001-393
AN ORDINANCEACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2724 – FIRE FIGHTING EQUIPMENT).
16. NO. 2001-394
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO DEFER THE PAYMENT OF RENT FOR
CERTAIN LEASES AT THE DENTON MUNICIPAL AIRPORT; PROVIDING AN
EFFECTIVE DATE.
17. NO. R2001-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE ASSIGNMENT BY TEXAS AIR CENTER, INC. OF A
COMMERCIAL OPERATOR AIRPORT LEASE EXECUTED AUGUST 30, 1988 TO
BAM DENTON MANAGEMENT VENTURES, L.L.C.; AND PROVIDING FOR AN
EFFECTIVE DATE.
18. NO. 2001-395
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
19. NO. 2001-396
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
October 16, 2001
Page 5
20. NO. 2001-397
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
21. NO. 2001-398
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
22. NO. 2001-399
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE
AGREEMENT IN THE AMOUNT OF $9,000.00 BETWEEN THE CITY OF
DENTON, TEXAS AND CHILDREN’S ADVOCACY CENTER FOR DENTON
COUNTY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
23. NO. 2001-400
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE
AGREEMENT IN THE AMOUNT OF $6,000.00 BETWEEN THE CITY OF
DENTON, TEXAS AND REACH, INC. TO PROVIDE COUNSELING SERVICES
FOR DISABLED PERSONS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
24. NO. 2001-401
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE
AGREEMENT IN THE AMOUNT OF $2,000.00 BETWEEN THE CITY OF
DENTON, TEXAS AND ST. ANDREW PRESBYTERIAN CHURCH FOR THE OUR
DAILY BREAD PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
25. NO. 2001-402
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE
AGREEMENT IN THE AMOUNT OF $1,500.00 BETWEEN THE CITY OF
DENTON, TEXAS AND BIG BROTHERS, BIG SISTERS OF DENTON; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
26. NO. 2001-403
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE
AGREEMENT IN THE AMOUNT OF $3,200.00 BETWEEN THE CITY OF
City of Denton City Council Minutes
October 16, 2001
Page 6
DENTON, TEXAS AND DENTON COUNTY HISTORICAL MUSEUM, INC.;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS
27. The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan for 47.4 acres generally located east of US Highway 377 (Fort Worth Drive) and
south of Brush Creek Road. The property was in a One-Family Dwelling (SF-16) zoning
district. A single-family subdivision with 16,000 square foot minimum lot sizes was proposed.
The Planning and Zoning Commission recommended approval 5-1-1. (ZP-01-0008, Country
Club Village)
Doug Powell, Director of Planning and Development, stated that the property was zoned SF-16
and was bounded by property in the City’s ETJ. The floodplain around the property was of
concern for development. The drainage study had approval to be delayed until platting began.
Late today staff received another petition in opposition resulting in over 20% of the property
owners within 200 feet in opposition. A supermajority vote of the Council would be required in
order to approve the proposal. If the applicant wanted to have the case heard by a full Council,
the public hearing could be continued until a full Council was present.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Tim House, representing Carmon Homes – favor
Bill Lewis, 900 Brush Creek Road, Argyle, 76226 – opposed
Sandra Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed
Bill Keith, 1420 Kings Row, Denton, 76209 - opposed
Matt Goodwin, Engineering firm - favor
Susan Apple, 8000 Woodcreek Circle, Argyle, 76226 - opposed
The petitioner was allowed a five minute rebuttal.
The following Comment Cards were submitted:
David and Kay Yoder, 940 Brush Creek Road, Argyle, 76226 – opposed
Gary Davis, 970 Brush Creek Road, Argyle, 76226 – opposed
Sue David, 970 Brush Creek Road, Argyle, 76226 – opposed
The Mayor closed the public hearing.
Fulton motioned, Beasley seconded to postpone consideration and continue the public hearing
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until November 6 to allow for a neighborhood meeting and to contact FEMA. On roll vote,
Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “nay”, Redmon “aye”, and Mayor Brock
“aye”. Motion carried with a 5-1 vote.
City of Denton City Council Minutes
October 16, 2001
Page 7
ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Brock left the meeting with a potential conflict of interest for Items #28-30.
28. The Council considered adoption of an ordinance on third 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.
The following ordinance was considered:
NO. 2001-405
AN ORDINANCE ON THIRD 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
McNeill motioned, Phillips seconded to adopt the ordinance. On roll vote, Beasley “aye”, Fulton
“aye”, McNeill “aye”, Phillips “aye”, and Redmon “aye”. Motion carried unanimously.
29. The Council considered adoption of an ordinance amending the City of Denton Code of
Ordinances, Chapter 26, Utilities, and amending and superseding Ordinance No. 2000-041, by
establishing uniform regulations to govern the use and occupancy of public rights-of-way by
providers of electric utility service in the City of Denton, Texas; providing definitions; requiring
such users to obtain a franchise from the City prior to such use; prescribing the compensation to
be paid to the City by providers; prescribing the conditions under which such users may use and
occupy the public rights-of-way; requiring undergrounding of conduits; requiring joint use of
poles and conduits; requiring the maintenance of maps and data regarding facilities in public
rights-of-way; providing for enforcement of the regulations and franchises granted thereunder;
providing for penalties in the amount of $150.00 to $500.00 each, for each violation thereof;
providing for other and further legal remedies in the event of provider’s violation of the
provisions of this ordinance or of any franchise; providing for governmental immunity of the city
City of Denton City Council Minutes
October 16, 2001
Page 8
and its employees; providing for insurance; providing a severability provision; providing an
effective date; and ordaining other provisions related to the subject matter hereof.
The following ordinance was considered:
NO. 2001-406
AN ORDINANCE AMENDING THE CITY OF DENTON CODE OF ORDINANCES,
CHAPTER 26, UTILITIES, AND AMENDING AND SUPERSEDING ORDINANCE
NO. 2000-041, BY ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE
USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF
ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON, TEXAS; PROVIDING
DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM
THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE
PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER
WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY;
REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF
POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND
DATA REGARDING FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING
FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED
THEREUNDER; PROVIDING FOR PENALTIES IN THE AMOUNT OF $150.00 TO
$500.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR OTHER
AND FURTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER’S
VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF ANY
FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY
AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A
SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND
ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER
HEREOF.
Fulton motioned, Phillips seconded to adopt the ordinance. On roll vote, Beasley “aye”, Fulton
“aye”, McNeill “aye”, Phillips “aye”, and Redmon “aye”. Motion carried unanimously.
30. The Council considered adoption of an ordinance on second reading granting to TXU
Gas Distribution, a division of TXU Gas Company, its successors and assigns, a franchise to
furnish, transport and supply gas to the general public in the City of Denton, Denton County,
Texas, for the transporting, delivery, sale, and distribution of gas in, out of, and through said
municipality for all purposes; providing for the payment of a fee or charge for the use of the
streets, alleys, and public ways; repealing all previous gas franchise ordinances and ordinances in
conflict herewith; providing that it shall be in lieu of other fees and charges, excepting ad
valorem taxes; prescribing the terms, conditions, obligations and limitations under which such
franchise shall be exercised; providing a savings clause; a severability clause; and an effective
date.
The following ordinance was considered:
City of Denton City Council Minutes
October 16, 2001
Page 9
SECOND READING
AN ORDINANCE ON SECOND READING GRANTING TO TXU GAS
DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO
THE GENERAL PUBLIC IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN,
OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES;
PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE
STREETS, ALLEYS, AND PUBLIC WAYS; REPEALING ALL PREVIOUS GAS
FRANCHISE ORDINANCES AND ORDINANCES IN CONFLICT HEREWITH;
PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES,
EXCEPTING AD VALOREM TAXES; PRESCRIBING THE TERMS, CONDITIONS,
OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL
BE EXERCISED; PROVIDING A SAVINGS CLAUSE; A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE.
McNeill motioned, Fulton seconded to approve the ordinance on second reading. On roll vote,
Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, and Redmon “aye”. Motion carried
unanimously.
Council considered Item #3.
3. Resolution of Appreciation for Johnny Thompson
Beasley motioned, Phillips seconded to approve the resolution. On roll vote, Beasley “aye”,
Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion
carried unanimously.
31. The Council considered nominations and appointments to the City’s Boards and
Commissions.
This item was not considered.
32. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Redmon requested a review of the noise ordinance before the six
month waiting period as indicated in the ordinance.
B. Council Member Phillips requested additional information regarding citizen
notification regarding emergency actions.
C. Council Member Fulton requested complete agenda back-up in a more timely
manner.
City of Denton City Council Minutes
October 16, 2001
Page 10
33. Items from the City Manager
City Manager Conduff did not have any items for Council.
34. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
35. 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