Minutes December 04, 2001 CITY OF DENTON CITY COUNCIL MINUTES
December 4, 2001
Work Session of the City of Denton City Council on Tuesday, December 4, 2001 at 5:00 p.m. in
the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips, and Redmon.
ABSENT: None
1. The Council received a report and held a discussion with Leadership Denton.
Council and Leadership Denton members discussed issues relative to the City of Denton.
Regular Meeting of the City of Denton City Council on Tuesday, December 4, 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.
PRESENTATIONS
2. The Council received an update from County Commissioner Jim Carter regarding county
issues.
Commissioner Carter stated that the county would be increasing taxes by 2 cents. The County
and City would continue to work towards an agreement relative to regulations in the
extraterritorial jurisdiction.
3. Recognition of staff accomplishments.
Assistant City Manager Dave Hill presented recognition of staff accomplishments.
CITIZEN REPORTS
4. Eric Hoffiand regarding wastewater treatment fee for new Denton residents and general
utility concerns.
Mr. Hoffland stated that he had a concern regarding the wastewater treatment fee for new Denton
residents. He felt it was unfair on how the fee was determined especially for those residents in
apartments.
5. Ross Melton regarding Denton Municipal Court.
Mr. Melton stated he was still concerned about the regulations dealing with Municipal Court and
the access individuals had to court records.
City of Denton City Council Minutes
December 4, 2001
Page 2
CONSENT AGENDA
Mayor Brock pulled Item # 16 for separate consideration.
McNeill motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances with the exception of Item #16. On roll vote, Beasley "aye", Burroughs "aye", Fulton
"aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried
unanimously.
Approved a tax refund to William & Catherine Comer in the amount of $902.84. The
2000 property tax was paid twice.
7. NO. 2001-455
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND MILDRED M. COCKRELL RELATING TO THE
PURCHASE OF APPROXIMATELY 1.16 ACRES OF LAND BEING A TRACT
CONVEYED TO JUDD D. COCKRELL AND WIFE, MILDRED M. COCKRELL BY
DEED RECORDED IN VOLUME 343, PAGE 432 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS, LOCATED IN THE B.B.B. & C.R.R. SURVEY,
ABSTRACT NO. 186, FOR USE AS DRAINAGE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
NO. 2001-456
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST
SERVICE AREA ELEVATED STORAGE TANK; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID 2721 - CONSTRUCTION OF THE NORTHWEST SERVICE AREA
ELEVATED STORAGE TANK AWARDED TO LANDMARK STRUCTURES I, L. P.,
IN THE AMOUNT OF $1,418,700)
NO. 2001-457
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF 69KV TRANSMISSION POLES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID 2753 - SPENCER/WOODROW TRANSMISSION
POLES TO THOMAS & BETTS CORPORATION, IN THE AMOUNT OF $230,902)
10.
NO. 2001-458
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF SEL PROTECTIVE RELAYS
AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID 2759 - ANNUAL CONTRACT
City of Demon City Council Minutes
December 4, 2001
Page 3
FOR SEL RELAYS AWARDED TO SCHWEITZER ENGINEERING
LABORATORIES, iNC., iN THE ESTIMATED AMOUNT OF $502,755)
11
NO. 2001-459
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE
WOODROW SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2760 - WOODROW
SUBSTATION AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE
AMOUNT OF $242,764).
12.
NO. 2001-460
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL ENGINEERS & CONSULTANTS, INC. FOR HYDROGEOLOGICAL
CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (PSA 2771 - ETTL ENGINEERS AND CONSULTANTS, INC. IN THE
AMOUNT NOT TO EXCEED $39,676.24)
13.
NO. 2001-461
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
SOFTWARE POST-IMPLEMENTATION SUPPORT, BETWEEN THE CITY OF
DENTON, TEXAS AND ACCESS TECHNOLOGIES, INC., TO BE PAID FROM
PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED AND FIFTY DOLLARS
($256,650); AND PROVIDING AN EFFECTIVE DATE. (PSA 2772 - ATI, INC. IN
THE AMOUNT NOT TO EXCEED $256,650)
14.
NO. 2001-462
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE QUARTERLY PAYMENTS OF THE SOLID
WASTE SURCHARGE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE
ORDER 101497 TO TNRCC IN THE AMOUNT OF $143,750)
15.
NO. 2001-463
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS
City of Denton City Council Minutes
December 4, 2001
Page 4
AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE
DATE.
17.
NO. 2001-464
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
PLANTING OF AN EASTERN RED CEDAR TREE AT THE BAYLESS-SELBY
MUSEUM; AND DECLARING AN EFFECTIVE DATE.
Mayor Brock left the meeting with a conflict of interest.
Council considered Item # 16.
City Attorney Prouty pulled the item from consideration as the agreement was not finalized at
the time of the meeting.
Burroughs motioned, McNeill seconded to postpone consideration of the item until the Dec. 18th
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.
PUBLIC HEARINGS
18. The Council held a joint public hearing of the City Council and the Planning and Zoning
Commission for the purpose of considering public input to the proposed Denton Development
Code and the rezoning of all property within the city limits of the City of Denton pursuant to the
Denton Plan 1999-2020 and the proposed Denton Development Code.
Beasley motioned, McNeill seconded to suspend the rules and limit speaker time to 3 minutes
per person. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Norma and Gene Gamble, 2201-2205 North Bonnie Brae, Denton, 76202
Ed Mather, 1806 Concord Lane, Denton, 76205
Gerald Brooks, 1500 Park Lane, Pilot Point, 76258
Dalton Allen, 111 Lexington, Denton, 76205
Paul Spain, 2740 Fuller Wiser, Euless
Roland Vela, 729 Ridgecrest Circle, Denton, 76205
Marty Rivers, 2000 Whitefish Court, Denton, 76210
Wilma Haggard, 1900 South Mayhill Road, Denton, 76208
Jason Marshall, 1201 Elm Street, Dallas, 76201
Jim Griffin, 19130 Creek Drive, Dallas, 75252
City of Denton City Council Minutes
December 4, 2001
Page 5
CliffReding, 211 Woodrow Lane, Denton, 76205
Chris Watts, 2006 Jasmine, Denton, 76205
Ed Soph, 1620 Victoria Drive, Denton, 76204
Lan Jefferies, Highway 377, Denton
Larry Calvert, 1101 Thomas, Denton, 76201
Craig Collins, 4700 Upper Glenwick Court, Argyle, 76226
Howard Compton, 901 Main Street, Dallas, 76202
Jane Provo, Denton Affordable Housing Corporation
Dan Fette, 2708 Glenwood, Denton, 76209
Ann Kelsey, 206 Ridgecrest Circle, Denton, 76205
Dick Kelsey, 206 Ridgecrest Circle, Denton, 76205
Weldon Burgoon, 6562 Grissom Road, Denton, 76208
Kay Wilkinson, 1825 Trinity Road, Denton, 76208
Susan Shridharani, 2405 Texas Drive, Irving, 75062
Carol Haesle, 4701 Upper Glenwick, Argyle, 76226
Michael Geisler, 8235 Douglas Avenue, Dallas, 75225
Vicki Lynn Somers, 11636 St. John, Pilot Point, 76258
Rhea McNett, 5842 Blagg Road, Denton, 76208
Dewayne Reeder, 413 Bronco Circle, Denton, 76208
Fred Gossett, 3635 Serendipity Trail, Corinth, 76210
Don Frazier, 1740 Westminster, Denton, 76205
Guy Chet, 2221 Overlook Lane, Denton, 76207
Jim Vogelsang, 1805 Warwick Crescent Circle, Argyle
Alan Bussell, 1668 Amanda Court, Ponder, 76259
Edwin O. Fulton, 729 Greenwood, Denton
Larry McGehee, 2001 Christina Court, Denton, 76226
Bill Rainey, 2894 Cooper Creek Road, Denton, 76208
Douglas Haskins, 1405 Mistyhollow, Denton, 76209
Todd D. Kurr, 3020 Oakshire, Denton, 76209
Shelly Hattan, P.O. Box 48116, Watauga, 76148
Karen Mitchell, 7823 9 Mile Bridge Road, Ft. Worth, 76135
Betty Kealy, 5213 Gaelic, Denton, 76208
R. Eric Fullerton, 3015 N. Bonnie Brae, Denton, 76207
Ed Wolski, 2301 Hollyhill, Denton, 76205
Randy Smith, 829 Tealwood, Flower Mound, 75028
Rebecca Ginnings, 223 East Liberty, Pilot Point, 76258
Khosrow Sadeghian, P.O. Box 2451, Coppell, 75019
Zeke Martin, 1712 South Bonnie Brae, Denton, 76207
Stephen G. Kniatt, 611 Fort Worth, Denton, 76201
JeffKrueger, 3905 Deer Forest, Denton, 76208
Colleen Fisher, 3106 Saints, Denton, 76209
Gene Price, 725 Chisholm Trail, Denton, 76209
Judith Harden, 1906 McCormick, Denton
The Mayor closed the public hearing.
City of Denton City Council Minutes
December 4, 2001
Page 6
19. The Council held a public hearing and considered adopting by resolution the Denia
Neighborhood Small Area Plan. The Denia Neighborhood Plan area covered approximately 936
acres in southwest Denton. The Plan area was bounded by I-35 E to the north, Fort Worth Drive
to the east, Roselawn Drive to the south, and Bonnie Brae to the west. The Planning and Zoning
Commission recommended approval (6-0) with conditions. (SAOi-O003)
Dedra Ragland, Small Area Planning Manager, presented the details of the plan as noted in the
agenda materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Carol Brantley, 2106 McCormick, Denton, 76205 - favor
Sara Bryant, 1500 Kendolph, Denton, 76205 - favor
Gerry Veeder, 1721 Wisteria, Denton, 76205- favor
Ira DeFoor, 1407 Kendolph, Denton, 76205
G & G Tractor, 1230 Ft. Worth Drive, Denton, 76205 - opposed
The Mayor closed the public hearing.
The following resolution was considered:
NO. R2001-071
A RESOLUTION ADOPTING THE DENIA NEIGHBORHOOD SMALL AREA PLAN
FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA
IMPROVEMENTS AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Redmon seconded to approve the resolution with the observation that the plan
might be overlapping in some areas. Members of the small area plan would work with the
businesses along Fort Worth Drive regarding inclusion in the plan. 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.
20. The Council held a public hearing to consider an ordinance amending Chapter 35,
Zoning, of the Code of the City of Denton, Texas, relating to gas well development. The
Planning and Zoning Commission recommended approval (6-1, Keith opposed). (SIOi-O011,
Gas Well Zoning Code)
Larry Reichhart, Assistant Director of Planning and Development, stated that gas wells would be
allowed by right in industrial and agricultural zoning districts if certain criteria were met. If
those criteria were not met, a special use permit would be required per the requirements in
Section 35-504 in the ordinance.
The Mayor opened the public hearing.
City of Denton City Council Minutes
December 4, 2001
Page 7
The following individuals spoke during the public hearing:
Jay Ewing, Mitchell Energy - favor
Bill Pinhall, Devlin Energy - favor
Bill Stevens, P.O. Box 2332, Abilene, 79605 - favor
Larry McGehee, 2001 Christina Court, Denton, 76226 - favor
Jim Vogelgesang, 1805 Warwick Crescent Circle, Denton. 76226 - opposed
Chris Mellberg, 1900 Warwick Crescent Court, Denton, 76226 - opposed
Creig Collins, 4700 Upper Glenwick Court, Argyle, 76226 - opposed
Ike Shupe, 1717 Main Street, Dallas - favor
Barbara Powell, Hills of Argyle - opposed
Chris Walwert, Hills of Argyle - opposed
The following individuals submitted Comment Cards:
Carol and David Haesle, 4701 Upper Glenwick Court, Argyle, 76226 - opposed
John and Wendie Haine, 4601 Upper Glenwick Court, Argyle, 76226 - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-465
AN ORDINANCE AMENDING CHAPTER 35, ZONING, OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING ARTICLE XII,
REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN
THE CITY; PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR EACH
VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to approve the ordinance as amended by the proposed
conditions. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
21. The Council held a public hearing to consider an ordinance amending Chapter 34,
Subdivision and Land Development Regulations of the Code of the City of Denton, Texas, to
add regulations relating to gas well development. The Planning and Zoning Commission
recommended approval (5-0-1, Keith abstained). (SIOi-O011, Gas Well Subdivision
Ordinance)
Larry Reichhart, Assistant Director of Planning and Development, stated the ordinance would
add provisions for gas well development plats to govern the platting and development of gas
wells within the corporate limits.
City of Denton City Council Minutes
December 4, 2001
Page 8
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-466
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 34,
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF DENTON, TEXAS, SECTION 34; DEVELOPMENT PLATS BY
ADDING SECTION 34-34 (D), GAS WELL DEVELOPMENT PLATS TO
REGULATE GAS WELL DEVELOPMENT IN THE CORPORATE LIMITS OR
WITHIN DIVISION 1 OF THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF DENTON, TEXAS; PROVIDING A PENALTY NOT TO EXCEED $2,000
FOR EACH VIOLATION; AND PROVIDING AN EFFECTIVE DATE.
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.
22. The Council held a public hearing and considered an ordinance amending Chapter 35,
Zoning, of the Code of the City of Denton, Texas, Section 35, Division 2 Use Regulations, by
adding Section 35-79, Oil and Gas Drilling and Production by Right on Municipal Land. The
Planning and Zoning Commission recommended denial (5-1, Keith opposed). (SIOi-O011, Gas
Well Exempting the City)
Larry Reichhart, Assistant Director of Planning and Development, stated that a supermajority
vote by Council would be needed to approve this ordinance as the Planning and Zoning
Commission had recommended denial.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
McNeill motioned, Phillips seconded to deny approval of the ordinance.
Beasley motioned, Burroughs seconded to return the item to the Planning and Zoning
Commission for a more thorough investigation of the legal ramifications of the ordinance. 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.
City of Denton City Council Minutes
December 4, 2001
Page 9
INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS
23. Masch Branch Road Annexation:
a. The Council considered adoption of an ordinance approving restrictive covenants
between the City of Denton, JVC Partners, Inc. and Marriott Rentals, Inc. pertaining to an
agreement in lieu of annexation for Lot 2, Block 1 of the Marriott Gardens Addition, located in
the extraterritorial jurisdiction of the City of Denton and being generally located along Masch
Branch Road, south of Hampton Road and north of Highway 380; and providing an effective
date.
Patricia Adams, representing J. R. Marriott, spoke in favor of the ordinance.
Comment cards were received from the following individuals:
Mike Mizel, 800 Edgewood, Denton, 76205 - favor
Lurlene and Erle Mayo, 3913 Hampton, Denton, 76207 - favor
E. R. Milner, 4001 Hampton, Denton, 762-7 - favor
Dale Yeatts, 2001 Lariot Road, Denton, 76207
Philip Neeley, 2225 Lovers Lane, Krum, 76249
Natalie Riegelman, 3819 Hampton, Denton, 76207 - favor
The following ordinance was considered:
NO. 2001-467
AN ORDINANCE APPROVING RESTRICTIVE COVENANTS BETWEEN THE
CITY OF DENTON, JVC PARTNERS, INC. AND MARRIOTT RENTALS, INC.
PERTAINING TO AN AGREEMENT IN LIEU OF ANNEXATION FOR LOT 2,
BLOCK 1 OF THE MARRIOTT GARDENS ADDITION, LOCATED IN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND BEING
GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF
HAMPTON ROAD AND NORTH OF HIGHWAY 380; 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.
b. 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)
Beasley motioned, Burroughs seconded to deny the annexation 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
December 4, 2001
Page 10
c. The Council did not continue a public hearing nor consider 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)
ITEMS FOR INDIVIDUAL CONSIDERATION
24. The Council considered nominations and appointments to the City's Boards and
Commissions.
There were no nominations or appointments made at the meeting.
23. New Business
The following item of New Business was suggested by Council for future agendas:
Council Member McNeill requested a work session regarding rental housing
regulations.
24.
Items from the City Manager
A. Notification of upcoming meetings and/or conferences
B. Clarification of items on the agenda
City Manager Conduff asked Council if a December 12th work session would be needed in
regards to the development code.
Consensus of the Council was to hold a work session on that date.
25. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
26. 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 12 midnight.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS