Minutes November 06, 2001CITY OF DENTON CITY COUNCIL M1NUTES
November 6, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, November 6, 2001 at 5:15 p.m. in the City
of Denton Council Work Session Room.
PRESENT:
Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips and Redmon.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney - Under TEXAS
GOVERNMENT CODE Section 551.071
Deliberated the purchase and value of real property interests for street,
landscape buffer, and other municipal purposes in the G. Walker Survey
Abstract Number 1330 and being an approximate 1.44 acre tract in Denton
County Texas, located east of the intersection of Mayhill Road and
Edwards Road, which acquisition is for a public purpose; received legal
advise from the City Attorney or his staff concerning legal issues
regarding the acquisition and/or condemnation of such real property
interest.
Deliberated the purchase and value of real property interests for street
purposes in the D. Lambert Survey, Abstract Number 784 and being an
approximate 0.902 acre tract or parcel of land in Denton County, Texas,
located on the east side of Mayhill Road at the Intersection of Colorado
Blvd. and Mayhill Road, which acquisition is for a public purpose;
received legal advise from the City Attorney or his staff concerning legal
issues regarding the acquisition and/or condemnation of such real property
interest.
Deliberated the purchase and value of real property, located in the J.
Cheek Survey, Abstract No. 227 and the H. Williams Survey, Abstract No.
1417 and being a .568 acre tract and a 0.354 acre tract along Sherman
Drive, approximately 3,600 feet south of the intersection of Clear Creek
and Sherman Drive, north side of road, within the City and County of
Denton, Texas; which acquisition is for a public purpose. (Ray Roberts
Water Line)
Regular Meeting of the City of Denton City Council on Tuesday, November 6, 2001 at 6:00 p.m.
in the Council Chambers at City Hall.
City of Denton City Council Minutes
November 6, 2001
Page 2
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
The Mayor presented the following proclamations:
A. Texas Recycles Day
B. Denton Family Unity Week
C. Ginnings Elementary School Day
3. The Mayor presented the November Yard-of-the-Month Awards to:
Gwo Jang Yeh
James and Margaret Schulze
Curtis and Bertha Erwin
Mike Beaty
Clarence and Nell Ridge
J. Robert Gershon
Mark and Elaine Davis
King Richard's Cat
4. Charles Cox, member of the Government Finance Officer's Association, presented a
Certificate of Achievement for Excellence in Financial Reporting by the Government Finance
Officer's Association for Denton's Comprehensive Annual Financial Report for the fiscal year
ended September 30, 2000.
5. Charles Fiedler, Director of Engineering, presented an award from the Federal
Emergency Management Agency to the City of Denton,
6. City Manager Conduff presented recognition of staff accomplishments.
CITIZEN REPORTS
7. Julie Salih regarding solid waste.
Ms. Salih stated that she had a continued trash and debris problem near her residence. She
requested that the City develop a committee to assist residents with these types of problems. She
presented a letter that detailed her comments.
8. Danielle Pierce regarding discontinuance of curbside recycling.
Ms. Pierce stated that the City should implement a "pay as you throw" program for the collection
of trash.
City of Denton City Council Minutes
November 6, 2001
Page 3
9. Ross Melton regarding the municipal court system - problems and potential.
Mr. Melton stated that there were problems with the Denton Municipal Court system. He felt the
system was not really a court as the Judge worked for the Council and would not rule against the
City.
CONSENT AGENDA
Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill
"aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
10. Approved the minutes of October 16, 2001.
11.
NO. 2001-408
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO PAY ANNUAL DUES TO THE TEXAS PUBLIC POWER
ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING AN EFFECTIVE DATE.
12.
NO. 2001-409
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY
OF DENTON EXPENDITURES FOR CHILD CARE SERVICES AND REQUEST
FEDERAL MATCHING FUNDS; AUTHORIZING THE CITY TO CERTIFY CHILD
CARE EXPENDITURES, APPROVING THE EXPENDITURES OF FUNDS, AND
PROVIDING AN EFFECTIVE DATE.
13.
NO. 2001-410
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND DENTON CITY COUNTY DAY SCHOOL
TO PROVIDE FOR IMPROVEMENTS TO THE DAYCARE FACILITY AT 1603
PAISLEY STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE,
NOT TO EXCEED $30,000; AND PROVIDING AN EFFECTIVE DATE.
14.
NO. 2001-411
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 1.44 ACRE TRACT OR PARCEL OF LAND IN
FEE SIMPLE TO STREET, LANDSCAPE BUFFER, AND OTHER MUNICIPAL
PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND
SAID PROPERTY BEING LOCATED IN THE G. WALKER SURVEY, ABSTRACT
NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A
PART OF THE EDWARDS ROAD AND A PART OF ALLEN ESTATES MOBILE
City of Demon City Council Minutes
November 6, 2001
Page 4
HOME PARK AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET C,
PAGE 383 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER
TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
CONSTRUCTING STREETS, LANDSCAPE BUFFER, AND OTHER MUNICIPAL
PURPOSES; AND DECLARING AN EFFECTIVE DATE.
15.
NO. 2001-412
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.565 ACRE TRACT OR PARCEL OF LAND IN
FEE SIMPLE FOR STREET PURPOSES AND TWO SLOPE EASEMENTS
CONTAINING APPROXIMATELY 0.203 ACRE AND 0.134 ACRE, RESPECTIVELY,
ALL OF WHICH ARE LOCATED IN THE D. LAMBERT SURVEY, ABSTRACT NO.
784 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF
LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO THE CITY OF
DENTON, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST
COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY; AND DECLARING
AN EFFECTIVE DATE.
16.
NO. 2001-413
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A PUBLIC UTILITY EASEMENT IN, OVER, ON, ACROSS, AND
UNDER AN APPROXIMATE 0.568 ACRE TRACT OR PARCEL OF LAND AND A
TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY
0.354 ACRE OF LAND, LOCATED IN THE J. CHEEK SURVEY, ABSTRACT NO. 227
AND THE H. WILLIAM SURVEY, ABSTRACT NO. 1417 IN DENTON COUNTY
TEXAS AND BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY
JEFFERY W. NeE AND JEANIE NeE; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS FOR
THEIR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY; AND DECLARING
AN EFFECTIVE DATE.
17.
NO. 2001-414
AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN
THE CITY OF DENTON AND PAUL BRIDGES FOR USE OF A PORTION OF THE
City of Demon City Council Minutes
November 6, 2001
Page 5
DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND
RELATED SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
18.
NO. 2001-415
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 ANNUAL
MAINTENANCE FOR EXISTING NOVEL NETWORK LICENSES FROM THE
TEXAS DEPARTMENT OF INFORMATION RESOURCES OF THE GENERAL
SERVICES COMMISSION OF THE STATE OF TEXAS. (PURCHASE ORDER
100716 - TEXAS DEPARTMENT OF INFORMATION RESOURCES IN THE
AMOUNT $102,967.28).
19.
NO. 2001-416
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 ANNUAL
MAINTENANCE FOR EXISTING INSTALLATIONS OF THE 1NFORMIX
DATABASE ENG1NE FROM IBM DATA SERVICES, A QUALIFIED
INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS, WHICH
PROVIDES FOR CONTINUED MAINTENANCE AND SUPPORT FOR EXISTING
SYSTEMS. (PURCHASE ORDER 100717 - IBM DATA SERVICES IN THE
AMOUNT OF $52,450).
20.
NO. 2001-417
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
CONSULTING SERVICES FROM NOVELL, INC., A QUALIFIED INFORMATION
SERVICE VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVIDES FOR
DESIGN, INSTALLATION, AND CONFIGURATION OF NOVELL ON DEMAND
SERVICES. (PURCHASE ORDER 100719 - NOVELL, INC. IN THE AMOUNT OF
$36,000).
21
NO. 2001-418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
CONTACT FOR THE PURCHASE OF CELLULAR DIGITAL PACKET DATA
(CDPD) SERVICE, ALSO KNOWN AS WIRELESS INTERNET ACCESS TO
PUBLIC SAFETY MOBILE COMPUTERS AS APPROVED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; AND APPROVING
THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE
City of Demon City Council Minutes
November 6, 2001
Page 6
DATE. (PURCHASE ORDER 100821 TO AT & T WIRELESS IN THE AMOUNT OF
$96,000).
22.
NO. 2001-419
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE STATE OF TEXAS GENERAL SERVICES
COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRES
AND TUBES TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, 1NC; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE. (FILE 2756 - GRAY'S WHOLESALE TIRE DISTRIBUTORS
INC. IN THE ANNUAL ESTIMATED AMOUNT OF $60,000).
23.
NO. 2001-420
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SERVICES ASSOCIATED WITH AN IRS
SECTION 125 BENEFITS PLAN; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2738 - IRS
SECTION 125 PLAN AWARDED TO PAYFLEX SYSTEMS USA, INC. IN THE
APPROXIMATE AMOUNT OF $6.00 PER EMPLOYEE PER MONTH OR $8,643
PER YEAR BASED UPON CURRENT PARTICIPANTS).
24.
NO. 2001-421
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS, ARMS AND
POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2742 - TRAFFIC SIGNAL MASTS,
ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC. IN THE TOTAL
AMOUNT OF $31,745)
25.
NO. 2001-422
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT
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. (FILE 2755 - AWARDED TO U.S. FILTER / DAVIS PROCESS AT $1.85
PER GALLON - ANNUAL ESTIMATED USAGE 28,000 GALLONS OR $51,800).
26.
NO. 2001-423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
CHANGE ORDER TO THE ANNUAL CONTRACT FOR THE SUPPLY OF
CONTROL STATION SWITCHGEAR HOUSING BETWEEN THE CITY OF
City of Demon City Council Minutes
November 6, 2001
Page 7
DENTON AND POWELL ELECTRICAL MANUFACTURING COMPANY;
PROVIDING FOR AN iNCREASE iN EQUIPMENT CABINET SIZE, REVISIONS
TO THE PROTECTIVE AND CONTROL SCHEMES, ADDITIONAL RELAY
EQUIPMENT; AND AN iNCREASE iN PRICE; AND PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2546 - CONTROL HOUSE AND SWITCHGEAR AWARDED TO
POWELL ELECTRICAL MANUFACTURING COMPANY IN THE AMOUNT OF
$1,276,708 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $69,800).
27.
NO. 2001-424
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF A 20-INCH WATERLINE ON
BERNARD/JAMES STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2722 -
BERNARD/JAMES 20" WATERLINE AWARDED TO PATE AND PATE, LLC IN
THE AMOUNT OF $1,130,294.80)
28.
NO. R2001-064
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE
CREATION AND OPERATION OF THE DENTON ASSISTANCE CENTER, INC., A
TEXAS NONPROFIT CORPORATION, WHOSE PURPOSE IS TO PROVIDE A
CENTRAL LOCATION FOR SOCIAL AND HEALTH SERVICES IN DENTON
COUNTY, AND PROVIDING AN EFFECTIVE DATE.
29.
NO. R2001-065
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN OIL
AND GAS LEASING POLICY FOR THE DEVELOPMENT OF MINERAL RIGHTS
ON CITY PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
DENTON.
30.
NO. 2001-425
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
COMPETITIVE BID PROCESS FOR AN OIL AND GAS LEASE AGREEMENT FOR
THE DENTON MUNICIPAL AIRPORT AND APPROVING THE BID AND LEASE
DOCUMENTATION; AND PROVIDING AN EFFECTIVE DATE.
31
NO. 2001-426
AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN
ELECTRIC LiNE EASEMENT FROM L. R. STRICKLAND TO BRAZOS RIVER
TRANSMISSION ELECTRIC COOPERATIVE, INC RECORDED IN VOLUME 386,
PAGE 59 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND
SUBSEQUENTLY ASSIGNED TO THE CITY OF DENTON IN AN INSTRUMENT
RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL PROPERTY RECORDS
City of Denton City Council Minutes
November 6, 2001
Page 8
OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART SURVEY,
ABSTRACT NO. 721, SAID PORTION BEING ON LOTS 9, 16, 17, 18 & 19, BLOCK
D AND WITHIN THE STREET RIGHT-OF-WAY OF iNDIAN LAKE TRAIL, ALL
WITHIN THE AMENDED FINAL PLAT OF LAKE SHARON ESTATES, AN
ADDITION TO THE CITY OF CORINTH, TEXAS, RECORDED IN CABINET R,
PAGE 323 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
32.
NO. 2001-427
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE BUXTON COMPANY AND THE CORNERSTONE
GROUP TO PROVIDE CONSULTING SERVICES, IDENTIFICATION OF
POTENTIAL RETAIL ZONES, DEVELOPMENT OF COMMUNITY
DEMOGRAPHIC AND PSYCHOGRAPHICS PROFILE AND RETAIL MARKETING
MATERIALS; RATIFYING THE CITY MANAGER'S APPROVAL OF PHASE I OF
THE PROJECT; PROVIDING AN EFFECTIVE DATE. (PSA FILE 2761 - THE
BUXTON COMPANY/THE CORNERSTONE GROUP FOR A TOTAL AMOUNT OF
$75,000)
PUBLIC HEARINGS
33. The Council held a public hearing and considered adoption of an ordinance of the Council
of the City of Denton, Texas adopting Subchapter C, Sections 402.041 through 402.054 inclusive,
of the Texas Local Government Code entitled the "Municipal Drainage Utility Systems Act," as
Chapter 26, Article IV, Sections 26-129 through 26-142 of the Code of Ordinances of the City of
Denton, Texas; regarding the recognition of the drainage function of the City of Denton Wastewater
Utility; providing for a repealer; providing for a severability clause; and providing an effective date.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-428
AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS
ADOPTING SUBCHAPTER C, SECTIONS 402.041 THROUGH 402.054 INCLUSIVE,
OF THE TEXAS LOCAL GOVERNMENT CODE ENTITLED THE "MUNICIPAL
DRAINAGE UTILITY SYSTEMS ACT," AS CHAPTER 26, ARTICLE IV, SECTIONS
26-129 THROUGH 26-142 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; REGARDING THE RECOGNITION OF THE DRAINAGE
FUNCTION OF THE CITY OF DENTON WASTEWATER UTILITY; PROVIDING
City of Denton City Council Minutes
November 6, 2001
Page 9
FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "nay", and Mayor Brock
"aye". Motion carried with a 4-3 vote.
34. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 1 acre commonly known as 702, 710, 714 and 718 Lakey Street and generally
located at the southwest corner of Wilson and Lakey Streets, from a One Family Dwelling (SF-7)
zoning district to a Planning Development (PD) zoning district allowing multi-family uses and
providing a Concept Plan for that purpose. Two fourplex units for elderly housing were
proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions.
(zo -oo33)
Council Member Redmon left the meeting with a potential conflict of interest.
Doug Powell, Director of Planning and Development, stated that difference between this
proposal and the prior proposal was the addition of 710 Lakey Street to the list of properties.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Richard Franco, Denton Housing Authority - favor
Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - favor
Peterina Washington, 618 East Prairie, Denton, 76205 -opposed
Carolyn Phillips, 722 Lakey Street, Denton, 76205 - opposed
Vickie McLane, 228 Cobblestone, Denton, 76205 - opposed
Willie Hudspeth, 702 Newton, Denton, 76205 - opposed
Billie Brasfield, P.O. Box 50834, Denton, 76206 - opposed
Ruby Cole, 719 Lakey Street, Denton, 76205 - favor
Billie Redmon, 1125 Morse, Denton, 76205 - favor
Rosemary Rodriquez, 1313 Wilderness, Denton, 76205 - favor
Audrey Meadow, 723 Hill, Denton, 76205 - opposed
Charles Williams 2305 Carriage Hill, Denton, 76207 - favor
Willie Taylor, 116 South Crawford, Denton, 76205 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-429
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
City of Denton City Council Minutes
November 6, 2001
Page 10
ALLOWING MULTI-FAMILY USES FOR APPROXIMATELY 1 ACRE OF LAND
COMMONLY KNOWN AS 702, 710, 714, AND 718 LAKEY STREET GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LAKEY
STREET AND WILSON STREET LOCATED IN THE H.C. HIRAM SURVEY,
ABSTRACT 616; PROVIDING A CONCEPT PLAN ENCOMPASSING
APPROXIMATELY 1 ACRE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z01-0033)
Beasley motioned, Fulton seconded to adopt the ordinance with the conditions as suggested by
the Planning and Zoning Commission. 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.
35. The Council held a public hearing to consider the adoption of an ordinance disannexing
approximately 24.4 acres, located at the northwest corner of Rector Road and IH-35. (Rector
Road Disannexation, (,401-0010)
Doug Powell, Director of Planning and Development, stated that this was a disannxation that would
require a supermajority vote.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Robert Blalock, 1225 Stafford, Duncanville - favor
Scott Reib, attorney for the petitioners - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-430
AN ORDINANCE DISANNEXING A TRACT OF LAND WITHIN THE CITY OF
DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND
COMPRISING 24.3957 ACRES OF LAND LYING AND SITUATED IN THE COUNTY
OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. AYERS SURVEY,
ABSTRACT NO. 2 AND PART OF THE B. BURLESON SURVEY, ABSTRACT NO.
65, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
Phillips motioned, Fulton 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.
36. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 6.1 acres located at the northeast corner of Geesling Road and Highway 380 from
City of Denton City Council Minutes
November 6, 2001
Page 11
Agriculture (A) zoning district to a Light Industrial (LI) zoning district with conditions. Light
industrial and commercial development was proposed. The Planning and Zoning Commission
recommended approval (6-0) with conditions. (ZOl-O030)
Doug Powell, Director of Planning and Development, stated that one issue regarding the proposal
was that it currently was located in a neighborhood-center zoning district per the Comprehensive
Plan. As such, the proposed use would not fit with the Comprehensive Plan. If approved, the
Comprehensive Plan should be adjusted so as to be in conjunction with the proposal.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Donald Fraiser, 1740 Westminster, Denton, 76207 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-431
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO LIGHT INDUSTRIAL (LI) WITH CONDITIONS ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
6.1 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF GEESLING
ROAD AND HIGHWAY 380; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z01-0030)
Phillips motioned, Redmon seconded to adopt the ordinance with the exclusion of conditions 1
and 4 that were 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.
37. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 5.0 acres located between Mingo Road and Fish Trap Road, commonly known as
5501 Fish Trap Road, from an Agriculture (A) zoning district to a Commercial (C) zoning district.
An office / warehouse development was proposed. The Planning and Zoning Commission
recommended approval (6-0) with conditions. (Z01-0032)
Doug Powell, Director of Planning and Development, stated that this property was identified as an
existing neighborhood area in the Comprehensive Plan. The proposed use was not supported by the
Comprehensive Plan.
The Mayor opened the public hearing.
No one spoke during the public hearing.
City of Denton City Council Minutes
November 6, 2001
Page 12
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-432
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
5.0 ACRES OF LAND LOCATED BETWEEN MINGO ROAD AND FISH TRAP
ROAD, COMMONLY KNOWN AS 5501 FISH TRAP ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(ZOl-OO32)
Beasley motioned, Burroughs seconded 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.
38. The Council continued a public hearing and considered adoption of an ordinance approving
a Zoning Plan for approximately 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 size was proposed. The
Planning and Zoning Commission recommended approval (5-1-1) with conditions. (ZPOi-O008)
Doug Powell, Director of Planning and Development, stated that two neighborhood meetings
were held regarding the proposal, staff had evaluated the drainage study and had discussions
regarding FEMA's responsibility regarding a flood plain. A supermajority vote of Council was
not needed due to the lack of 20% opposition by adjoining property owners.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Tim House, petitioner - favor
Sharon Cox, 8008 Wood Creek Circle, Argyle, 76226 - opposed
Sandra and Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
November 6, 2001
Page 13
NO. 2001-433
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR
APPROVAL OF A ZONING PLAN PERMITTING SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT FOR APPROXIMATELY 47.412 ACRES OF LAND GENERALLY
LOCATED EAST OF US HIGHWAY 377 (FORT WORTH DRIVE) AND SOUTH OF
BRUSH CREEK ROAD AND LEGALLY DESCRIBED AS 47.412 ACRES IN THE G.
DAUGHERTY SURVEY, ABSTRACT NO. 351, THE H. HAGGOOD SURVEY,
ABSTRACT NO. 517 AND THE W. HUDSON SURVEY, ABSTRACT NO. 586, IN
THE CITY OF DENTON, DENTON COUNTY TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZP-01-0008)
Phillips motioned, Mayor seconded to adopt the ordinance and to encourage the developer to
work with staff for the creation of a conservation easement dedicated to the City and with the
recommended conditions 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
39. The Council considered approval of a resolution nominating members to the Appraisal
Review Board of the Denton Central Appraisal District; and declaring an effective date.
Council nominated Larry Wilson and Pearl Ford.
The following resolution was considered:
NO. R2001-066
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE
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 considered approval of a resolution casting votes for membership to the
Board of Directors of the Denton Central Appraisal District; and declaring an effective date.
Burroughs motioned, Beasley seconded to cast all of the city of Denton's votes for Rick
Woolfolk. 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
November 6, 2001
Page 14
NO. R2001-067
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
41. The Council considered approval of a resolution appointing members to the Board of
Directors of the Industrial Development Authority Board; and providing for an effective date.
The following resolution was considered:
NO. R2001-068
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
McNeill motioned, Burroughs seconded to approve the resolution as presented by staff. On roll
vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "aye". Motion carried unanimously.
42. The Council considered approval of a resolution approving a Project Plan for
approximately 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 size was proposed. (SPO1-
O0~S)
Bill Lewis presented a comment card in opposition.
The following resolution was considered:
NO. R2001-069
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
RESIDENTIAL PROJECT PLAN FOR A SINGLE-FAMILY SUBDIVISION WITH
16,000 SQUARE FOOT MINIMUM LOT SIZE, BEING AN APPROXIMATELY 47.4
ACRE SITE GENERALLY LOCATED EAST OF US HIGHWAY 377 AND SOUTH
OF BRUSH CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE. (SP-
01-0010)
Beasley motioned, Burroughs seconded to approve the resolution with the stipulation that the
applicant would work with staff for a conservation easement on the open space. 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 considered adoption of an ordinance on first reading to voluntarily annex
approximately 2.67 acres of land generally located north of Crawford Road, east of Interstate
City of Denton City Council Minutes
November 6, 2001
Page 15
Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial Jurisdiction.
(~4 0 ~-0006)
Beasley motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote,
Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried unanimously.
44. The Council considered adoption of an ordinance on first reading to involuntarily annex
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. (AOl-O007)
Doug Powell, Director of Planning and Development stated that staff was continuing to work
with the property owner for an agreement in lieu of annexation. To date, there had been no
response from Robson Ranch regarding the agreement.
Burroughs motioned, Beasley seconded to approve the ordinance on first reading. On roll vote,
Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried with a 6-1 vote.
45. The Council considered adoption of an ordinance on first reading to involuntarily annex
882 acres of land generally located south of Jim Christal Road and west of C. Wolfe Road, in the
City of Denton Extraterritorial Jurisdiction. (AOl-O008)
Doug Powell, Director of Planning and Development, stated that there was no agreement in lieu
of annexation at this point in time.
McNeill motioned, Burroughs seconded to approve the ordinance on first reading and to continue
to negotiate an agreement. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill
"aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion failed with a 5-2 vote as a
supermajority vote was required.
46. The Council considered adoption of an ordinance on first reading to involuntarily annex
104 acres generally located north of Jim Christal Road, south of University and west of Masch
Branch Road, in the City of Denton Extraterritorial Jurisdiction. (AOl-O009)
Mark Cole, 6376 Jim Christal Road, Denton, spoke in opposition.
Beasley motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote,
Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried with a 6-1 vote.
47. Roselawn Acres Addition. The 6.2-acre site was located on the south side of Roselawn
Road south and west of Denia Park. The property was in an Agricultural (A) zoning district. A
two lot single-family development was proposed.
a. The Council considered approval of an exaction variance of Section 34-116(c) of the
Code of Ordinances, concerning construction of a waterline and fire hydrants for the proposed
City of Denton City Council Minutes
November 6, 2001
Page 16
Roselawn Acres; Block A, Lots 1 & 2. The Planning and Zoning Commission recommended
approval (6-1). (V01-0026)
Beasley motioned, Burroughs seconded to approve the variance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
b. Consider approval of an exaction variance of Section 34-114(17) of the Code of
Ordinances, concerning sidewalks for the proposed Roselawn Acres, Block A, Lots 1 & 2. The
Planning and Zoning Commission recommends approval (5-2). (V01-0024)
Fulton motioned, McNeill seconded to approve the variance. 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.
48. Brier Cliff Center Addition. The approximately 2-acre site is located on the east side of
State School Road, approximately eighty-seven (87) feet south of the intersection with the
frontage road of I-35 East and north of Brighton Drive. A two lot commercial development was
proposed.
a. The Council considered approval of an exaction variance of Section 34-114(5) of the
Code of Ordinances concerning perimeter paving for Lots 1 & 2, Block B of Brier Cliff Center
Addition. The Planning and Zoning Commission recommended approval of a partial variance
(6-1). (F01-0023)
Tommy Caruthers spoke in favor of the request.
Phillips motioned, McNeill seconded to approve with variance with the petitioner paying
$25,000 of the cost of the perimeter paving. 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 considered approval of an exaction variance of Section 34-114(17) of the
Code of Ordinances concerning sidewalks for Lots 1 & 2, Block B of Brier Cliff Center
Addition. The Planning and Zoning Commission recommended approval of a partial variance
(6-1). (F01-0023)
Beasley motioned, Phillips seconded to approve a partial variance as recommended by the
Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay",
McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1
vote.
Mayor Brock left the meeting with a potential conflict of interest.
49. The Council considered adoption of an ordinance on third 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
City of Denton City Council Minutes
November 6, 2001
Page 17
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 postpone consideration of this item until the November
27th Council meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill
"aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
Mayor Brock returned to the meeting.
50. The Council considered nominations and appointments to the City's Boards and
Commissions.
There were no nominations made at this meeting.
51. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Fulton requested information verifying acts of vandalism
reportedly occurring throughout the City.
B. Council Member Burroughs requested information regarding available land trust
options to the City.
C. Council Member Redmon requested a partial review of the noise ordinance
relating to noise from vehicles.
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 11:00 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS