Minutes January 08, 2002CITY OF DENTON CITY COUNCIL M1NUTES
January 8, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 8, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Fulton,
McNeill, and Phillips.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion and provided direction concerning the
contract alternatives for installing the raw water transmission supply line for the Lake Ray
Roberts Water Treatment Plant on U.S. Army Corps of Engineers property.
Tim Fisher, Assistant Director of Water Utilities, stated that staff was requesting guidance from
Council on the procurement of the water line. Staff was recommending Option 1 to negotiate a
change order.
Mayor Pro Tem Beasley suggested following the staff recommendation for Option 1.
Consensus of the Council was to proceed with Option 1 as recommended by staff.
2. Council considered requests for clarification of consent agenda items listed on the
consent agenda for today's City Council regular meeting of January 8, 2002.
Mayor Pro Tem Beasley asked about the Public Utilities Board vote on Items #11 and #12.
Tim Fisher stated that the vote was 6-0 to follow the staff recommendation for both items.
Council Member Redmon arrived at the meeting.
Council Member McNeill had several changes to the proposed minutes.
November 13th - change the Council consensus for Item #6 on the chart to read "further
study to be done".
November 27th - change the wording on the amendment to the October 30th minutes
dealing with the ESA standards to read "as applied to the flood plain and floodway".
December 12th - add the word "essentially" before "complete" in the sentence dealing
with the consensus of the Council on the text issues.
Council discussed the definition of "consensus" and the purpose of the minutes of meetings to
reflect action as noted at particular meetings. Such action could be amended at future meetings.
Council also discussed the action thus far concerning the Development Code and the feeling was
that any determination made thus far did not preclude additional discussion by Council if needed
on any of the issues concerning the Development Code.
Special Called Meeting of the City of Denton City Council on Tuesday, January 8, 2002 at 6:30
p.m. in the Council Chambers at City Hall, 215 E. McKinney Street.
City of Denton City Council Minutes
January 8, 2002
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
Mayor Brock presented proclamations for Volunteer Blood Donor Month and Ryan High
School.
3. Recognition of staff accomplishments.
City Manager Conduff presented staff accomplishments.
CITIZEN REPORTS
4. Dessie Goodson regarding human beings versus animals.
Ms. Goodson stated that the City had treated her like an animal for the past six years. She was
still having problems with her utility bill. She had an old utility bill that she would not pay.
5. Julie Salih regarding Solid Waste issues and the Solid Waste ordinance.
Ms. Salih stated that she had concerns regarding the solid waste ordinance and solid waste issues
in her neighborhood. She felt a better solid waste ordinance would help with improper disposal
of trash. She thanked Robert Hanna for helping with the removal of a dilapidated building in her
neighborhood.
6. Carl Young regarding community issues.
Mr. Young stated that the Parks Department was cutting down trees in Fred Moore Park because
they said the trees were dead. Mr. Young felt that that was not true and that the Parks
Department was cutting down the trees because they did not like the particular type of tree. He
asked that the City do a feasibility study for a Martin Luther King, Jr. Boulevard in southeast
Denton and a study for the extension of Scott Street to Newton Street. He had a statement read
regarding a mobility plan, a comprehensive area plan and the noise ordinance.
7. Willie Hudspeth regarding Council procedure for citizen reports.
Mr. Hudspeth stated that he would be attending meetings for the next several weeks to present
citizen reports as he was allowed only five minutes to speak. He presented a video regarding the
proposed development on Lakey Street.
CONSENT AGENDA
Burroughs motioned, Redmon 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.
City of Denton City Council Minutes
January 8, 2002
Page 3
10.
11.
12.
Approved, with the amendments noted in the work session, the minutes of November 12,
2001, November 13, 2001, November 27, 2001, December 4, 2001, December 11, 2001,
December 12, 2001, December 17, 2001, December 18, 2001, and December 19, 2001.
NO. 2002-001
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING
ON THE SOUTH SIDE OF WEST OAK STREET FROM ITS INTERSECTION WITH
NORTH TEXAS BOULEVARD EAST FOR 100 FEET; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
NO. 2002-002
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 2001-228
TO INCREASE THE LENGTH OF THE LIBERTY CHRISTIAN SCHOOL'S
SCHOOL ZONE BECAUSE THE SCHOOL HAS ACQUIRED ADDITIONAL
PROPERTY; DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED
ZONE; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID
SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO BE REASONABLE
AND SAFE BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT
INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL
BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A
FiNE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING
AN EFFECTIVE DATE.
NO. 2002-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER
TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER
WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN INCREASE IN THE
SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (ORDINANCE NO. 2001-192; BID NO. 2612 - LAKE RAY
ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER
WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $35,785,257; PLUS
CHANGE ORDER NUMBER TWO IN THE AMOUNT NOT TO EXCEED
$96,126.49; WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT
(ALLOWANCE BB).
NO. 2002-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER
City of Demon City Council Minutes
January 8, 2002
Page 4
THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER
WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN iNCREASE iN THE
SCOPE OF WORK AND AN iNCREASE iN PAYMENT AMOUNT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (ORDINANCE NO. 2001-192; BID 2612 - LAKE RAY ROBERTS
20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN
CONTRACTORS, LTD. iN THE AMOUNT OF $35,785,257; PLUS CHANGE ORDER
NUMBER THREE iN THE AMOUNT NOT TO EXCEED $71,328.36; WILL BE PAID
FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB).
13.
NO. 2002-005
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A GRANT
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
RELATING TO THE DESIGN AND CONSTRUCTION OF THE AIR TRAFFIC
CONTROL TOWER AND AIRPORT TERMINAL BUILDING AT THE DENTON
MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE.
14.
NO. 2002-006
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AMENDMENT NO.
2 OF AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR
ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF
DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER
TO EXPEND FUNDS PROVIDED FOR IN THE AMENDMENT; AND DECLARING
AN EFFECTIVE DATE (TXDOT PROJECT NO. 2002DNTON; AND TXDOT CSJ
NO. M218DNTON).
15.
NO. 2002-007
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE RECONSTRUCTION OF WATER AND
WASTEWATER FACILITIES ON US HIGHWAY 77, US HIGHWAY 380 AND
SHERMAN DRIVE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2775 -
WATER/WASTEWATER RELOCATION FOR US HIGHWAY 77, US HIGHWAY
380 AND SHERMAN DRIVE RECONSTRUCTION AWARDED TO JAGOE PUBLIC
COMPANY IN THE AMOUNT OF $2,069,514).
16.
NO. 2002-008
AN ORDINANCE APPROVING THE EMERGENCY PURCHASE OF A
CAB/CHASSIS AND ADVANCED LIFE SUPPORT MODULE REPAIRS IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 102245 - TO JACK
ROACH FORD/FRAZER, INC., IN THE AMOUNT OF $39,000).
City of Demon City Council Minutes
January 8, 2002
Page 5
17.
18.
19.
20.
21
NO. 2002-009
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 LASER
FICHE DOCUMENT IMAGING APPLICATION SERVICES FROM VP IMAGING,
THROUGH A QUALIFIED iNFORMATION SERVICE VENDOR (QISV) OF THE
STATE OF TEXAS; AND APPROVING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER
102246 - TO VP IMAGING, IN THE AMOUNT OF $83,643).
NO. 2002-010
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 A PURCHASE ORDER FOR THE SUPPLY OF OFFICE
FURNITURE BETWEEN THE CITY OF DENTON AND TEXAS FURNITURE
SOURCE, INC.; PROVIDING FOR AN INCREASE IN THE QUANTITY; AND AN
INCREASE IN PRICE AND PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER
101757 - TO TEXAS FURNITURE SOURCE, IN THE AMOUNT OF $23,309.02
PLUS CHANGE ORDER ONE IN THE AMOUNT OF $8,454.62).
NO. 2002-011
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE AND
PORTLAND CEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2773 - ANNUAL
PRICE AGREEMENT FOR READY MIX CONCRETE AND PORTLAND CEMENT
AWARDED TO LATTIMORE MATERIALS COMPANY AND TEXAS iNDUSTRIES
(TXI) IN THE ANNUAL ESTIMATED AMOUNT OF $530,000).
NO. 2002-012
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC METER SOCKETS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2767 - ANNUAL PRICE AGREEMENT
FOR ELECTRIC METERS, CTS AND METER SOCKETS, ITEM (S) 1-12, 18-29
AND 34-47 TO WESCO DISTRIBUTION, AND ITEM (S) 13-17 AND 30-33
AWARDED TO TEXAS METER AND DEVICE IN THE ESTIMATED ANNUAL
AMOUNT OF $430,000).
NO. 2002-013
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF DIESEL FUEL DELIVERED IN
City of Denton City Council Minutes
January 8, 2002
Page 6
LESS THAN 1000 GALLON QUANTITIES; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2754 -
DIESEL FUEL (LESS THAN 1000 GALLON DELIVERY) AWARDED TO KELSOE
OIL COMPANY iN THE AMOUNT OF $80,000).
22.
NO. 2002-014
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FIRE FIGHTER STATION UNIFORMS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2763 - FIRE FIGHTER STATION
UNIFORMS AWARDED TO CASCO iNDUSTRIES, INC., IN THE AMOUNT OF
$37,830).
23.
NO. 2002-015
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL
COMPONENTS, ITEM 38-41; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2751 - TRAFFIC
SIGNAL COMPONENTS, ITEM 38-41 AWARDED TO PARADIGM TRAFFIC
SYSTEMS IN THE ESTIMATED AMOUNT OF $260,108).
24.
NO. 2002-016
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF SINGLE PHASE CAPACITOR
OIL SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2766 - OVERHEAD CAPACITOR
OIL SWITCHES AWARDED TO TECHLiNE, INC. IN THE ANNUAL ESTIMATED
AMOUNT OF $31,800).
25.
NO. 2002-017
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT POLES
AND FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2774 -
DECORATIVE STREETLIGHT POLES AND FIXTURES AWARDED TO FRED
OBERLANDER AND ASSOCIATES IN THE AMOUNT OF $30,888).
26.
Approved a tax refund to Spectrasite Communications Inc. c/o Arthur Anderson LLP in
the amount of $750.53. The Denton Central Appraisal District removed the property
from the tax roll.
27.
Approved a tax refund to Granville & Linda Wright in the amount of $712.17. The 2001
property value was decreased by the Denton Central Appraisal District.
City of Denton City Council Minutes
January 8, 2002
Page 7
28.
NO. 2002-018
AN ORDINANCE AMENDING ORDINANCE NO. 2001-193 OF THE CITY CODE
RELATING TO RULES OF PROCEDURE FOR TYPES OF MEETINGS AND
PRESENTATIONS BY CITIZENS FOR THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
PUBLIC HEARINGS
29. The Council held a public hearing and considered an ordinance amending the schedule of
wastewater rates contained in Ordinance No. 2001-335 for wastewater service; adding the
provisions of the schedule respecting the storm drainage fee (Schedule SD); providing for a
repealer; providing for a severability clause; and providing for an effective date.
Jim Coulter, Director of Water/Wastewater, presented a brief overview of the proposed fee
schedule.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Gus Myers, University of North Texas - opposed
Weldon Burgoon, 6562 Grissom Road, Denton, 76208 - opposed
Eric Fullerton, 3015 North Bonnie Brae, Denton, 76207 - opposed
Ross Melton, 1611 Kendolph Street, Denton, 76201 - neutral
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-019
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO. 2001-335 FOR WASTEWATER SERVICE;
ADDING THE PROVISIONS OF THE SCHEDULE RESPECTING THE STORM
DRAINAGE FEE (SCHEDULE SD); PROVIDING FOR A REPEALER; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Beasley 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 did not hold a public hearing and did not consider adoption of an ordinance
rezoning approximately 0.8 acres from a One-Family Dwelling zoning district (SF-7) to a
Planned Development zoning district. The site was generally located on the east side of Audra
Lane, south of Mack Place and north of Lee Drive. A Detail Plan for four single-family lots was
proposed. The Planning and Zoning Commission recommended denial (6-1). (Z01-0042)
City of Denton City Council Minutes
January 8, 2002
Page 8
This item was withdrawn from consideration by the petitioner.
31. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.33 acres from a Single-family (SF-7) and Commercial (C) zoning district to a
General Retail (GR) zoning district. The site was generally located at the northeast corner of
McKinney Street and Wood. The property was legally described as Lot 14 and 15, Block 1 of
the College View Addition in the City of Denton, Denton County, Texas. A laundry and
restaurant were proposed. The Planning and Zoning Commission recommended approval (7-0).
(zo -oo43)
Doug Powell, Director of Planning and Development, stated that there was an existing house and
a vacant lot on the present location. No letters in opposition or support of the proposal had been
received.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Ifran Sonawala, 4001 Tarrant Main, DFW, 76040 - favor
Elimia Rodriguez, owner of current laundry/restaurant - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-020
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A ONE-FAMILY DWELLING DISTRICT (SF-7) AND A
COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO GENERAL RETAIL (GR) WITH CONDITIONS ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
0.33 ACRE OF LAND LOCATED BETWEEN MINGO ROAD AND FISH TRAP
ROAD, DESCRIBED AS LOTS 14 AND 15, BLOCK 1 OF THE COLLEGE VIEW
ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE; AND AN EFFECTIVE DATE. (Z-01-0043)
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "nay", and Mayor Brock
"aye". Motion carried with a 6-1 vote.
32. The Council held a public hearing and considered adoption of an ordinance amending
Ordinance 99-439 regarding proposed amendments to the Denton Comprehensive Plan Land Use
Map. The Planning and Zoning Commission recommended approval (6-1) with conditions.
(CAO~-O002)
City of Denton City Council Minutes
January 8, 2002
Page 9
Doug Powell, Director of Planning and Development, stated that there were 10 issues that
composed this item and suggested that Council consider each separately. He reviewed the
history of the Comprehensive Plan and the coordination of it with the Development Code.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Don Frazier
Gene Gamble, 2205 Bonnie Brae, Denton, 76207 - questions regarding map designations
The Mayor closed the public hearing.
The Council considered the following items:
Scripture, Jagoe, Oak and Bonnie Brae area - take out of Downtown University
Core area and put in Existing Neighborhood/Infill Compatibility district.
Beasley motioned, Burroughs seconded to move the area from Downtown University Core to
existing neighborhood district. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye",
McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried
unanimously.
Oak, Carroll, Blvd., the rear parcel line between Oak and Hickory and Welch
Street - currently in Downtown University Core - put in Existing Neighborhood/
Infill Compatibility
Beasley motioned, McNeill seconded to approve the change. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
Area surrounded by IH-35W, Corbin Road, Bonnie Brae, Highland, the Union
Pacific Railroad, and the southern edge of the Hickory Creek floodplain -
currently in Neighborhood Centers; change to Rural Area.
Fulton motioned, Burroughs seconded to keep the area as staff recommended. Special attention
would be paid to the development bordering the railroad. On roll vote, Beasley "aye", Burroughs
"aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
Pockrus Page/Edwards Road area - current land use was Neighborhood Center -
staff recommended no change - had been a proposal to change to regional activity
center.
Beasley motioned, Redmon seconded to leave the area as a neighborhood center. 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
January 8, 2002
Page 10
Area west of 1-35W and north of Corbin Road - proposal to change to
Neighborhood Center.
McNeill motioned, Fulton seconded to accept the staff recommendation to change to a
neighborhood center. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye",
Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
Area north of US 380 and east of Loop 288 to Geesling Road - make a buffer and
put part in Industrial Center.
Beasley motioned, Burroughs seconded to approve the change as recommended by staff
following the Planning and Zoning Commission recommendation. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
Fort Worth Drive, south of 1-35E - proposal to change to several future land use
districts that respect existing land use pattern
Burroughs motioned, Mayor seconded to approve the change. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", RedmonC "aye", and Mayor Brock
"aye". Motion carried unanimously.
Mayhill area/Landfill area - change to match existing development plan for
landfill.
Beasley motioned, Burroughs seconded to approve the change. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
I. Highway 380/Fish Trap - change to place in an Employment Center
Fulton motioned, Beasley seconded to approve the change. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
Dallas Drive/north of Duncan - currently in Downtown University Core area -
change to Existing Neighborhood/Infill compatibility and Employment Centers.
Fulton motioned, Redmon seconded to approve the change. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
The following ordinance was considered:
NO. 2002-021
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING CERTAIN
AMENDMENTS TO THE LAND USE PLAN MAP TO THE LAND USE ELEMENT
City of Denton City Council Minutes
January 8, 2002
Page 11
OF THE DENTON COMPREHENSIVE PLAN; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (CA01-0002)
Beasley motioned, Burroughs seconded to make the amendments relative to the comprehensive
land use map. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye",
Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
33. The Council held a public hearing and considered adoption of an ordinance amending
Ordinance 99-439, the Mobility Plan. The Connectivity Component would provide a framework
for determining connectivity requirements for future developments. The Planning and Zoning
Commission recommended approval 5-0-1. (Keith abstained) (SI01-0019)
David Salmon, Assistant Director of Engineering, stated that this was the third component of the
mobility plan. The connectivity component was the framework for determining connectivity
requirements for future developments.
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. 2002-022
AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON
PLAN 1999-2020 BY ADOPTING THE CONNECTIVITY COMPONENT OF THE
DENTON MOBILITY PLAN FOR THE CITY OF DENTON; PROVIDING A
SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Mayor 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.
34. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 4.2 acres generally located north of Foster Road approximately 300 feet east of
Mayhill Road, from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district.
A Solid Waste Administration building was proposed. The Planning and Zoning Commission
recommended approval (7-0) (Z01-0046)
Doug Powell, Director of Planning and Development, stated that the property was currently
zoned agriculture and the proposed change was to light industrial use by the city for a solid waste
administration building. The proposal was in compliance with the Comprehensive Plan. Three
property owner notices had been mailed with no responses.
City of Denton City Council Minutes
January 8, 2002
Page 12
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. 2002-023
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)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 4.2 ACRES OF LAND GENERALLY LOCATED NORTH OF
FOSTER ROAD, APPROXIMATELY 300 FEET EAST OF MAYHILL ROAD AND
DESCRIBED AS TRACT 45 OF THE G. WALKER SURVEY, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z01-0046)
Beasley 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.
INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS:
35. Crawford Road-Schrader Annexation.
a. The Council considered adoption of an ordinance on second reading to voluntarily
annex approximately 2.67 acres of land generally located north of Crawford Road, east of
Interstate Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial
Jurisdiction. The Planning and Zoning Commission recommended approval (6-0). (AOl-O006)
George Schrader spoke on the issue.
The following ordinance was considered:
NO. 2002-024
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 2.67 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED NORTH OF CRAWFORD ROAD,
EAST OF INTERSTATE HIGHWAY 35W AND WEST OF JOHN PAINE ROAD, IN
THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE E.
PAZANO SURVEY, ABSTRACT NUMBER 994, DENTON COUNTY, TEXAS, AND
BEING PART OF THE CALLED 7.597 ACRE TRACT DESCRIBED IN THE DEED
FROM ONE LONGHORN LAND, L.L.C. TO 1-35 CRAWFORD ROAD PARTNERS
City of Denton City Council Minutes
January 8, 2002
Page 13
RECORDED BY COUNTY CLERK'S FILE NUMBER 98-R0077377 REAL
PROPERTY RECORDS OF DENTON, COUNTY, TEXAS; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY PROVIDING A SEVERABILITY CLAUSE,
AND PROVIDING AN EFFECTIVE DATE. (A01-0006)
Fulton motioned, Phillips 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 held a public hearing and considered adoption of an ordinance
zoning approximately 2.67 acres of land generally located north of Crawford Road, east of
Interstate Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial
Jurisdiction. The Planning and Zoning Commission recommended approval (6-0). (Z01-0028)
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. 2002-025
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 2.67 ACRES IN THE CITY OF DENTON
TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE
TRACT BEING GENERALLY LOCATED NORTH OF CRAWFORD ROAD, EAST
OF INTERSTATE HIGHWAY 35W AND WEST OF JOHN PAINE ROAD, IN THE
CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A
PENALTY CLAUSE AND AN EFFECTIVE DATE.
Burroughs motioned, Beasley 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.
c. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 7.5 acres from an Agricultural (A) zoning district to a General Retail
(GR) zoning district. The property was generally located north of Crawford Road, east of
Interstate Highway 35W and west of John Paine Road. Commercial development was proposed.
The Planning and Zoning Commission recommended approval with conditions (6-0). (Z01-
0040)
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
January 8, 2002
Page 14
The following ordinance was considered:
NO. 2002-026
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AGRICULTURAL ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH
CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR APPROXIMATELY 7.5 ACRES OF LAND LOCATED AT NORTHEAST
CORNER OF CRAWFORD ROAD AND INTERSTATE HIGHWAY 35W;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. (Z01-0040)
Fulton motioned, Beasley 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.
36. Robson Ranch North Annexation.
a. The Council considered adoption of an ordinance on second 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.
The Planning and Zoning Commission recommended approval (5-1). (AOl-O007)
Doug Powell, Director of Planning and Development, stated that the proposal was an extension
of the Robson Ranch development. Council had instructed staff to work with the developers to
formulate an agreement in lieu of annexation. Robson Ranch had indicated that it was not
opposed to annexation and felt that within a year there would be gas development on the
property.
The following ordinance was considered:
NO. 2002-027
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 300 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LIVELY ROAD, SOUTH
OF FM 2449 AND WEST OF C. WOLFE ROAD, IN THE CITY OF DENTON
EXTRATERRITORIAL JURISDICTION LYING WITHIN C. MANCHACA SURVEY,
ABSTRACT NUMBER 789, DENTON COUNTY, TEXAS, AND BEING A PORTION
OF A CERTAIN CALLED 100.00 ACRE TRACT DESCRIBED IN THE DEED TO M.
T. COLE FROM HENRY LIVELY AND WIFE, LILLIAN LIVELY, RECORDED IN
VOLUME 247, PAGE 529, DEED RECORDS OF DENTON COUNTY, TEXAS, AND
BEING ALL OF A CERTAIN CALLED 193.57 ACRE TRACT DESCRIBED IN THE
DEED TO M. T. COLE FROM HENRY LIVELY AND WIFE, LILLIAN LIVELY
RECORDED IN VOLUME 247, PAGE 594, OF SAID DEED RECORDS;
City of Denton City Council Minutes
January 8, 2002
Page 15
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE. (A01-0007)
Burroughs motioned, McNeill seconded to adopt the ordinance for involuntary annexation. 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 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. The
Planning and Zoning Commission recommended approval (5-1). (Z01-0026)
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. 2002-028
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 300 ACRES IN THE CITY OF DENTON
TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE
TRACT BEING GENERALLY LOCATED NORTH OF LIVELY ROAD, SOUTH OF
FM 2449 AND WEST OF C. WOLFE ROAD, IN THE CITY OF DENTON
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND
AN EFFECTIVE DATE. (Z01-0026)
Beasley motioned, Phillips 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.
37. Trio Operating Company Annexation.
a. The Council considered adoption of an ordinance on second 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. The
Planning and Zoning Commission recommended approval (4-2). (AOl-O009)
Doug Powell, Director of Planning and Development, stated that the reason for annexation of
this property was anticipated gas well development in the area. Four letters of opposition from
surrounding property owners had been received protesting the annexation.
The following individuals spoke on the issue:
Linda and Mark Cole, 3676 Jim Christal Road, Denton, 76207 - opposed
City of Denton City Council Minutes
January 8, 2002
Page 16
Larry Manning, Jim Christal Road, Denton, 76207 - opposed
Bernice Patterson, Jim Christal Road, Denton, 76207 - opposed
Redmon motioned, Fulton seconded to deny the annexation.
Mayor Pro Tem Beasley suggested approving the annexation, excluding the properties #1-4 on
the map up to the blue line on #4.
Redmon withdrew his motion and Fulton withdrew her second in order to receive input from the
neighbors regarding Mayor Pro Tern Beasley's substitute motion.
The neighbors initially indicated that they did not wish to be removed from the original annexation
area. Council took a short break to allow the neighbors to confer regarding the proposal.
After the break, Larry Reichhart, Assistant Director of Planning and Development, stated that the
property owners were agreeable to having the properties indicated on the map as #1-4 excluded
from the annexation.
Upon further discussion, the property owners again changed their position and wanted to be
included in the total annexation proposal.
Fulton motioned, Redmon seconded to not annex any of the property at this time. On roll vote,
Beasley "nay", Burroughs "nay", Fulton "aye", McNeill "nay", Phillips "nay", Redmon "aye", and
Mayor Brock "nay". Motion failed with a 2-5 vote.
The following ordinance was considered:
NO. 2002-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 67.66 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED NORTH OF JIM CHRISTAL ROAD,
SOUTH OF UNIVERSITY AND WEST OF MASCH BRANCH ROAD, IN THE CITY
OF DENTON EXTRATERRITORIAL JURISDICTION LYING AND BEING
SITUATED IN THE MYERS-BRUMMET-JOHNSON SURVEY, ABSTRACT
NUMBER 1699, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Z01-0009)
Beasley motioned, McNeill seconded to adopt the ordinance with the exclusion of properties #1-
4 as shown on the revised map. 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.
b. The Council held a public hearing and considered adoption of an ordinance
zoning approximately 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.
The Planning and Zoning Commission recommended approval (4-2). (Z01-0029)
The Mayor opened the public hearing.
City of Denton City Council Minutes
January 8, 2002
Page 17
No one spoke during public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 67.66 ACRES IN THE CITY OF
DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION;
THE TRACT BEING GENERALLY LOCATED NORTH OF JIM CHRISTAL ROAD,
SOUTH OF UNIVERSITY AND WEST OF MASCH BRANCH ROAD, IN THE CITY
OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY
CLAUSE AND AN EFFECTIVE DATE. (Z01-0029)
Burroughs motioned, Phillips seconded to adopt the ordinance approving the zoning to the
property that was annexed in the preceding item. 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
38. Consider nominations/appointments to City Boards and Commissions.
Council Member Phillips nominated Georgianne Burledge to the Traffic Safety Commission.
Council Member Redmon nominated Rick Woolfolk to the Airport Advisory Board.
Beasley motioned to suspend the rules and vote on the nominations 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.
On roll vote for the nominations, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye",
Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
39. New Business
The following items of New Business were suggested by Council Members for future agendas or
information from the City Manager:
A. Mayor Pro Tem Beasley requested a work session item regarding the letter
received from Dr. Zoltner regarding the City's peddlers/solicitation ordinance.
B. Mayor Pro Tem Beasley requested a memo to Council regarding Ms. Salih's
comments on the City's solid waste ordinance with an accompanying written response to Ms.
Salih.
City of Denton City Council Minutes
January 8, 2002
Page 18
C. Council Member Redmon requested an update on the police chief recruitment.
D. Council Member Redmon asked for a feasibility study for historical minority
named streets in Denton
E. Council Member Fulton requested a work session to review/outline all charges
such as sewer rates/demand charges for the utility department.
F. Council Member Phillips requested a work session on providing training fees
expenses of fire fighters and possible insufficient training funds available.
G. Council Member Burroughs requested that when Council considered the noise
ordinance review that a comparative analysis on the fines associated with the ordinance be
included.
H. Mayor Pro Tem Beasley and Council Member McNeill requested a memo
regarding the removal of trees in Fred Moore Park.
40. Items from the City Manager
City Manager Conduff did not have anything for Council.
41. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
42. 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 10:42 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS