Minutes November 27, 2001CITY OF DENTON CITY COUNCIL M1NUTES
November 27, 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 27, 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 272.001 and Consultation with the City Attorney---Under TEXAS
GOVERNMENT CODE Section 272.001.
(1)
Deliberated the purchase and value of real property interests for drainage
purposes in the B.B.B. & C.R.R. Survey, Abstract No. 186 and being an
approximate 1.16 acre tract located in the City of Denton, Denton County,
Texas, located about 420 feet south of the intersection of Windsor Drive &
North Locust Street, east side of road, which acquisition is for a public
purpose. Received legal advise from the City Attorney or his staff
concerning legal issues regarding the acquisition of such real property
interest.
Deliberations regarding economic development negotiations---Under TEXAS
GOVERNMENT CODE Section 551.086.
(1)
Discussed and deliberated regarding commercial or financial information
that the City Council has received from Denton Crossing Partners, Inc., a
business prospect with whom the City Council is conducting economic
development negotiations regarding the location of businesses in the City
on an approximate 52 acre parcel of land generally located at the
southwest corner of Loop 288 and Spencer Road and the deliberation of an
offer of a financial or other incentive to such business prospect.
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. TXUElectric Company, et al, Cause No. 009383 currently pending in
the 134th 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 Professional Conduct
of the State Bar of Texas.
City of Denton City Council Minutes
November 27, 2001
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, November 27, 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. The Mayor presented the following proclamations:
World Aids Day was presented to Doreen Rue, Aids Services of Denton.
Police Appreciation Day was presented to Captain Paul Abbott of the Denton
Police Department and Assistant City Manager Jon Fortune.
3. City Manager Conduff presented recognition of staff accomplishments.
CITIZEN REPORTS
4. Peternia Washington regarding perseverance and perceptions of the Council.
Ms. Washington was not present at the meeting.
5. Ross Melton regarding Municipal Court.
Mr. Melton was not present at the meeting.
CONSENT AGENDA
Council Member McNeill asked for corrections to the minutes. On the October 23 minutes, he
stated that on page 3 under New Business on the item on the efficiency study, he had requested
that we move forward with it. On the October 30 minutes, he stated that on page 1 in the last
paragraph the general consensus of the council was that a portion of the ESA standards as
applied to the floodplain and floodway should be applied to the City's ETJ. On the November 5
minutes, he asked that they be amended to read, "Council Member McNeill left the meeting at
1:15 p.m."
Council Member Beasley requested that Item #25 be pulled and considered at the December 4
meeting.
Burroughs motioned, Redmon seconded to postpone Item #25 until December 4. On roll vote,
Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon
"aye". Mayor Brock abstained. Motion carried 6-0.
Burroughs motioned, Redmon seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item #25. On roll vote, Beasley "aye",
City of Denton City Council Minutes
November 27, 2001
Page 3
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
6. Approved the minutes of October 23, October 30, November 5, and November 6, 2001.
Approved a request for an exception to the Noise Ordinance for the purpose of a holiday
celebration/neighborhood block party to be held on December 8, 2001 between the hours
of 5 PM and 9 PM at the 3100 block of Old North Road to the corner of Old North and
Windsor.
NO. 2001-435
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION
OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE
PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
NO. 2001-436
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND
DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES
PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
10.
NO. 2001-437
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS
AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
11.
NO. 2001-438
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF SECURITY FENCING IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 101196 TO HURRICANE FENCE CO. IN
THE AMOUNT OF $27,702).
12.
NO. R2001-070
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM THE UNRESERVED RETAINED EARNINGS OF THE WASTEWATER
City of Demon City Council Minutes
November 27, 2001
Page 4
FUND WITH REVENUE BONDS TO THAT A PROJECT APPROVED IN THE 2000-
2001 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND
PROVIDING AN EFFECTIVE DATE. (PROJECT - $7,000,000.00 FOR
WASTEWATER PLANT EXPANSION.
13.
NO. 2001-439
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK
WATER RECLAMATION PLANT EXPANSION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2734 - PECAN CREEK WATER RECLAMATION PLANT EXPANSION
AWARDED TO ARCHER WESTERN CONTRACTORS, LTD., IN THE AMOUNT
OF $16,930,000)
14.
NO. 2001-440
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ISBELL ENGINEERING GROUP, INC. FOR MATERIAL TESTING SERVICES
RELATED TO THE PECAN CREEK WATER RECLAMATION PLANT
EXPANSION PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
15.
NO. 2001-441
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF A BASKETBALL COURT
AT NORTH LAKES PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2739 - NORTH
LAKES BASKETBALL COURT AWARDED TO JONES AND JEFFREY
CONSTRUCTION, INC. IN THE AMOUNT OF $34,044)
16.
NO. 2001-442
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF 138 KVA POLE MOUNTED SWITCHES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2743 - 138 KVA SWITCHES
AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF
$77,471.64)
17.
NO. 2001-443
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF PAD MOUNT 3 PHASE CAPACITOR
BANKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
City of Demon City Council Minutes
November 27, 2001
Page 5
PROVIDING AN EFFECTIVE DATE. (BID 2745 - 3 PHASE CAPACITOR BANKS
AWARDED TO TECHLINE, INC. IN THE ESTIMATED AMOUNT OF $200,000)
18.
NO. 2001-444
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE
iNDUSTRIAL STREET SUBSTATION; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2746 -
iNDUSTRIAL STREET SUBSTATION AWARDED TO UTILISERVE HIGH
VOLTAGE GROUP IN THE AMOUNT OF $251,622)
19.
NO. 2001-445
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS,
ARMS, AND POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2752 - TRAFFIC
SIGNAL MASTS, ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC. IN
THE ESTIMATED TOTAL AMOUNT OF $285,000)
20.
NO. 2001-446
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNALS AND
RELATED HARDWARE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2751 - TRAFFIC
SIGNALS AND RELATED HARDWARE AWARDED AS LISTED IN THE
ESTIMATED AMOUNT OF $202,000)
21
NO. 2001-447
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28-
27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE
2000 INTERNATIONAL BUILDING CODE, 2000 INTERNATIONAL
RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2000
INTERNATIONAL FUEL GAS CODE, 2000 INTERNATIONAL PLUMBING CODE,
2000 INTERNATIONAL MECHANICAL CODE, AND THE 2000 INTERNATIONAL
ENERGY CONSERVATION CODE, ALL PUBLISHED BY THE INTERNATIONAL
CODE COUNCIL; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR
A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
22.
NO. 2001-448
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28
"BUILDING AND BUILDING REGULATIONS" BY AMENDING SECTION 28-
28(9)b, TABLE 2 NEW COMMERCIAL BUILDING PERMIT FEES; PROVIDING
City of Denton City Council Minutes
November 27, 2001
Page 6
FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PENALTY FOR VIOLATION OF A FiNE NOT TO EXCEED
$2,000.00; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
23.
NO. 2001-449
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE
OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A
PROJECT MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS
ORDINANCE MAY BE COMMENCED; DECLARING AN EMERGENCY AND
AMENDING THE 2001-2002 CAPITAL IMPROVEMENT BUDGET TO ALLOW
THE FUNDING FOR THE SPENCER ROAD AND 1-35/BRINKER ROAD RAMP;
AND PROVIDING AN EFFECTIVE DATE.
24.
NO. 2001-450
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS
AND PUBLISHERS ("ASCAP") TO PROVIDE A LICENSE TO PERFORM
PUBLICLY ON PREMISES, EVENTS AND FUNCTIONS NON-DRAMATIC
RENDITIONS OF SEPARATE MUSICAL COMPOSITIONS IN THE ASCAP
REPERTORY; AND PROVIDING AN EFFECTIVE DATE.
25. This item was not considered.
INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS
26. Masch Branch Road Annexation:
a. The Council considered adoption of an ordinance on second reading to involuntarily
annex approximately 32 acres of land generally located along Masch Branch Road, south of
Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ET J) of the City of
Denton. The Planning and Zoning Commission recommended approval (6-0). (AOl-O004)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The following individuals spoke concerning this item:
Latham Jones, 2327 Lovers Lane, Krum, spoke in support
Dale Yeatts, 2001 Lariatt Road, Denton, 76207, spoke in support
Patricia Adams, 1710 Westminster, Denton, 76201, spoke in opposition
The following Comment Cards were presented:
City of Denton City Council Minutes
November 27, 2001
Page 7
Margaret McNeil, 2018 Lariat Road - support
Arlen McNeil, 2018 Lariat Road - support
Keith Briggs, 2006 Lariat Road - opposed
Mildred Briggs, 2006 Lariat Road - opposed
Beasley motioned, Fulton seconded to postpone annexation until December 18, 2001.
Phillips motioned, Beasley seconded to amend the motion to postpone the annexation until
December 4, 2001. 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 held a public hearing and considered adoption of an ordinance zoning
approximately 32 acres of land generally located along Masch Branch Road, south of Hampton
Road and north of Highway 380 to the Agriculture (A) zoning district classification. The
Planning and Zoning Commission recommended approval (5-1). (ZOl-O005)
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Dale Yeatts, 2001 Lariat Road, Denton, spoke in support
Burroughs motioned, Beasley seconded to continue the public hearing to December 4, 2001. On
roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "aye". Motion carried unanimously.
27. Hunter Ranch Annexation:
a. The Council considered adoption of an ordinance on second reading to voluntarily annex
approximately 2,194 acres of land generally located south of FM 2449, west of Interstate
Highway 35W, north of Robson Ranch Road and partially east of the Robson Ranch
Development and John Paine Road in the City of Denton Extraterritorial Jurisdiction. The
Planning and Zoning Commission recommended approval (7-0). (,,101-0005)
The following ordinance was considered:
NO. 2001-451
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 2,194 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF FM 2449, WEST OF 1-35
WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE
ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD E. PIZANO
SURVEY, ABSTRACT NUMBER 994, THE G. PETTINGALE SURVEY,
ABSTRACT NUMBER 1041, THE J. TAFT SURVEY, ABSTRACT NUMBER 1269,
THE B.B.B. & C.R.R. SURVEY, ABSTRACT NUMBER 158, THE S. PRITCHETT
SURVEY, ABSTRACT NUMBER 1021, THE G. WEST SURVEY, ABSTRACT
NUMBER 1393, THE J. DALTON SURVEY, ABSTRACT NUMBER 353, AND THE
City of Denton City Council Minutes
November 27, 2001
Page 8
S. PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE I. BYERLY
SURVEY, ABSTRACT NUMBER 1458, AND THE J. DALTON SURVEY,
ABSTRACT NUMBER 353 AND ALSO BEING A PART OF A TRACT OF LAND
CONVEYED TO PETRUS INVESTMENT, L.P. BY DEED AS RECORDED BY
COUNTY CLERK'S FILE NUMBER 99-0117450, TRACTS I & III, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A
TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN BY DEED AS
RECORDED BY COUNTY CLERK'S FILE NUMBER 00-0000573, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-01-0005)
Burroughs motioned, Beasley seconded to approve the ordinance. 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 held a public hearing and considered adoption of an ordinance zoning
approximately 2,194 acres of land generally located south of FM 2449, west of Interstate
Highway 35W, north of Robson Ranch Road and partially east of the Robson Ranch
Development and John Paine Road to the Agriculture (A) zoning district classification. Gas
wells were proposed. The Planning and Zoning Commission recommended approval (7-0).
(zo -ooos)
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Allison Elko, 1717 Main Street, Suite 2800, Dallas, spoke in support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-452
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 2,194 ACRES IN THE CITY OF
DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION;
THE TRACT BEING GENERALLY LOCATED SOUTH OF FM 2449, WEST OF 1-35
WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE
ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD; IN THE CITY OF
DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY
CLAUSE AND AN EFFECTIVE DATE. (Z01-0008)
McNeill 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.
City of Denton City Council Minutes
November 27, 2001
Page 9
Mayor Brock asked Mayor Pro Tem Beasley to preside over the meeting as her voice was giving
out.
PUBLIC HEARINGS
28. The Council held a public hearing to consider amending Ordinance 2001-191, which
defined the zoning district classification of the proposed Knollwood Villas multifamily housing
development and places conditions on its construction. The approximately 22-acre property was
located on the south side of McKinney Street, approximately 1000 feet west of Loop 288. It was
in a Multifamily conditioned (MF-1 [c]) zoning district. The purpose of the proposed amendment
was to alter required transportation improvements. The Planning and Zoning Commission
recommended approval (6-0). (ZPOi-O006, Kno/lwood Villas'.)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The Mayor Pro Tem opened the public hearing.
The following individual spoke during the public hearing:
Allen Bussell, 1668 Amanda Court, Ponder, support
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2001-453
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION
SIX (6) OF ORDINANCE NO. 2001-191 REGARDING CERTAIN REQUIRED
TRANSPORTATION IMPROVEMENTS FOR APPROXIMATELY 22 ACRES OF
LAND ZONED MULTI-FAMILY CONDITIONED (MF[C]) AND LOCATED ON
THE SOUTH SIDE OF LOOP 288 APPROXIMATELY 1000 FEET WEST OF LOOP
288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (ZP01-0006)
Redmon motioned, Fulton seconded to approve the most recent version of the ordinance that
amended Condition 6 as recommended by the Legal Department. 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
29. The Council considered adoption of an ordinance establishing an economic development
program under Chapter 380 of the Local Government Code for making grants of public money to
promote economic development and to stimulate business activity in the City of Denton;
approving an economic development program grant agreement with Denton Crossing Partners,
City of Denton City Council Minutes
November 27, 2001
Page 10
Ltd. regarding the development of an approximate 52 acre parcel of land located at the southwest
corner of Loop 288 and Spencer Road; authorizing the expenditure of funds therefor; and
providing an effective date.
Linda Ratliff, Director of Economic Development, stated that the estimated annual sales tax
revenue to be generated by this project was $1.95 million. This estimate was based on projected
sales of $130 million. The grant agreement would allow the City to reimburse one-half of one
percent of the sales tax generated by the project over a 15-year period. To qualify for the sales
tax reimbursement, the applicant would be required to construct a minimum of 350,000 square
feet of retail/commercial space.
Rick Woolfolk, representing the DISD, spoke in favor.
A comment card was submitted from Melissa Glasgow, in support.
The following ordinance was considered:
NO. 2001-454
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUS1NESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
DENTON CROSSING PARTNERS, LTD, REGARDING THE DEVELOPMENT OF
AN APPROXIMATE 52 ACRE PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Burroughs 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.
30. The Council considered and took action on a request for relief from the Residential
Interim Zoning Regulations, Ordinance 2000-046 for approximately 244 acres generally located
on either side of Loop 288 north of Mingo Road, south of King's Row, east of Old North Road
and west of Cooper Creek Road. The property was in an Agricultural (A) and One-family
Dwelling (SF-7 and SF-10) zoning districts. A planned development containing a variety of
single family, multifamily, retail, office and commercial uses was proposed. (RR-Oi-O009,
Windsor Oak~)
The following individuals spoke concerning this item:
Gene Price, 725 Chisolm Trail, Denton, spoke in favor.
Wade Lillie, 3800 Deer Forest, spoke in favor but expressed concerns with the connector
streets.
City of Denton City Council Minutes
November 27, 2001
Page 11
Brock motioned, Burroughs seconded to deny adoption of the ordinance. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "nay", Redmon "nay", and Mayor
Brock "aye". Motion carried with a 5-2 vote.
Mayor Brock left the meeting with a potential conflict of interest.
31. 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
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.
City Attorney Prouty recommended that Council postpone consideration of the ordinance until
th
the December 18 meeting in order for the Legal Department to continue working on the
language relating to the gas rate at the Spencer plant.
Burroughs motioned, McNeill seconded to postpone consideration until the December 18th
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.
32. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council Member Burroughs nominated Rudy Moreno to the Library Board.
Burroughs motioned, Beasley 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.
Burroughs motioned, Beasley seconded to approve the nomination. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
33. New Business
There were no items of New Business suggested by Council.
34. Items from the City Manager
City Manager Conduff did not have any items for Council.
City of Denton City Council Minutes
November 27, 2001
Page 12
35. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
36. 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 8:03 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS