Minutes May 14, 2002CITY OF DENTON CITY COUNCIL M1NUTES
May 14, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 14, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill,
Montgomery, Phillips, and Redmon.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction on amending the
2001-02 operating budget in order to add staff.
Kathy DuBose, Assistant City Manger for Fiscal Services, reviewed the procedures for amending
the budget per the Charter and stated that directors would be presenting information about
requested positions that were not included in the current year's budget. Those positions were
listed in the agenda materials.
Consensus of the Council was to look at positions during the next fiscal year budgeting process
and not proceed with an amendment to the budget at this point in time.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for today's City Council regular meeting of May 14, 2002.
Special Called Meeting on Tuesday, May 14, 2002 at 6:30 p.m. in the Council Chambers at City
Hall, 215 E. McKinney Street.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill,
Montgomery, Phillips, and Redmon.
ABSENT: None
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. Mayor Brock presented a proclamation for Law Enforcement Week and Law Memorial
Day.
3. City Manager Conduff presented recognition of staff accomplishments.
CITIZEN REPORTS
4. Karen Morgan regarding Tejas Storytelling Association.
Karen Morgan briefed the Council on the Tejas Storytelling Festival and thanked the City for its
support.
City of Denton City Council Minutes
May 14, 2002
Page 2
5. Carl Williams regarding glass ceiling and promotion within the City of Denton.
Mr. Williams stated that he wanted to make the Council aware of complaints regarding the lack
of African Americans employed at the City. The total workforce was 1008 and only 53 were
African Americans. Mr. Williams suggested that the Council appoint a committee to promote
African Americans, recruit African Americans at job fairs (City of Denton had not been
represented at the UNT job fair), and request an EEOC audit. He requested a response from the
City of Denton within 10 days.
6. Andee Chamberlain regarding curbside recycling program.
Ms. Chamberlain was not present.
7. Jan Dickson representing Keep Denton Beautiful regarding recycling.
Ms. Dickson recommended that the Council approve the contract to have recycling services in
Denton.
8. Nell Yelldell regarding funding for assisted living for the elder and disabled in District 1.
Ms. Yelldell was not present.
9. Frank Killoran regarding curbside recycling bid.
Mr. Killoran, representing Abitibi Recycling, stated that Abitibi should be the company that was
awarded the bid for recycling services.
CONSENT AGENDA
Mayor Brock requested that Item #31 be pulled from the Consent Agenda due to a conflict of
interest.
Council Member Phillips requested that Item #26 be pulled from the Consent Agenda.
Fulton motioned, Redmon seconded to approve the Consent Agenda Items #10-34 and
accompanying ordinances and resolutions with the exception of Items #26 and #31. On roll vote,
Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor
Brock"ayg'. Motion carried unanimously.
10. Approved the minutes of April 2, 2002, April 9, 2002, and April 16, 2002.
11.
Approved a request for an exception to the noise ordinance for the purpose of an outdoor
music festival known as the Mark Fearing Benefit Concert scheduled for Sunday, May
19, 2002 during the hours of 1 p.m. to 8 p.m. at the North Texas State Fair Grounds.
Specifically, the request was for an exception to the hours of operation.
City of Denton City Council Minutes
May 14, 2002
Page 3
Dave Randolph, 1027 Welch, Denton, 76201 submitted a comment card in support of the
exception.
12. NO. 2002-126
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON
AND ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (ORDINANCE NO. 2001-439- BID 2734- PECAN CREEK WATER
RECLAMATION PLANT EXPANSION AWARDED TO ARCHER WESTERN
CONTRACTORS, LTD. IN THE AMOUNT OF $16,930,000 AND CHANGE ORDER
NUMBER ONE IN THE AMOUNT OF $71,852.03 FOR A TOTAL AMOUNT OF
$17,001,852.03).
13.
NO. 2002-127
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT (PSA)
BETWEEN THE CITY OF DENTON AND HUITT-ZOLLARS, INC. FOR
CONSTRUCTION PHASE SERVICES FOR THE SOLID WASTE FACILITIES AS
SET FORTH IN THE CONTRACT WHICH ALLOWS ADDITIONAL SERVICES;
AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO. 2001-375 FOR PSA
2685-PROFESSIONAL SERVICES AGREEMENT TO HUITT- ZOLLARS, INC., IN
THE TOTAL AMOUNT OF $202,900 (INCLUDING CHANGE ORDER ONE) AND
CHANGE ORDER NUMBER TWO IN THE AMOUNT NOT-TO-EXCEED $67,200
FOR A TOTAL OF $270,100).
14.
NO. 2002-128
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH THE CITY OF GARLAND TO AUTHORIZE
PARTICIPATION IN VARIOUS CITY OF GARLAND CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (FILE 2849-1NTERLOCAL AGREEMENT WITH THE CITY OF GARLAND,
TEXAS).
15.
NO. 2002-129
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE NALL AND
PERKINS FOR THE DESIGN OF SPENCER ROAD (COLORADO BLVD. TO LOOP
288) AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE
DATE (PSA 2815- PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
SPENCER ROAD FROM COLORADO BOULEVARD TO LOOP 288 AWARDED TO
TEAGUE NALL AND PERKINS FOR A TOTAL AMOUNT OF $325,630).
City of Demon City Council Minutes
May 14, 2002
Page 4
16.
17.
18.
19.
20.
NO. 2002-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
RJN GROUP, INC. FOR ENGINEERING SERVICES RELATED TO THE iNFLOW
AND iNFILTRATION STUDY AND REHABILITATION FOR EASTERN PECAN
AND HICKORY CREEK DRAINAGE BASINS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (PSA 2830- AWARDED TO RJN GROUP, INC. IN THE AMOUNT OF
$407,282).
NO. 2002-131
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE LEATHERWOOD 2r'
SANITARY SEWER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2820 -
LEATHERWOOD SANITARY SEWER AWARDED TO PATCO UTILITIES, INC. IN
THE AMOUNT OF $130,645.65).
NO. 2002-132
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE DENTON STORAGE
YARD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2822- DENTON STORAGE YARD
AWARDED TO JONES AND JEFFERY CONSTRUCTION COMPANY, INC. IN THE
AMOUNT OF $249,705).
NO. 2002-133
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL PUBLIC WORKS CONTRACT FOR THE ACQUISITION OF STREET
AND DRAINAGE CONSTRUCTION PROJECTS AND MICRO SURFACING OF
COLLECTOR OR ARTERIAL STREETS; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2823
(SECTIONS 1, 2, 6)- ANNUAL CONTRACTS FOR ASPHALT AND CONCRETE
STREET CONSTRUCTION, ULTRA FLOW AND RCP PIPE, BOX CULVERTS FOR
STORM SEWERS AND MICRO SURFACING, AWARDED AS LISTED IN EXHIBIT
A OF THE ORDINANCE).
NO. 2002-134
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF STORM SEWER PIPE AND BOX
CULVERTS FOR STREET AND DRAINAGE RELATED PROJECTS; PROVIDING
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
City of Demon City Council Minutes
May 14, 2002
Page 5
DATE (BID 2823 (SECTIONS 3, 4, 5)-ANNUAL CONTRACT FOR ASPHALT AND
CONCRETE STREET CONSTRUCTION, ULTRA FLOW AND RCP PIPE, BOX
CULVERTS FOR STORM SEWERS AND MICRO SURFACING, AWARDED AS
LISTED iN EXHIBIT A OF THE ORDINANCE).
21.
NO. 2002-135
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MISCELLANEOUS CONCRETE
WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2824- ANNUAL CONTRACT
CONCRETE WORK AWARDED TO FLOYD SMITH CONCRETE INC. IN THE
ESTIMATED AMOUNT OF $1,400,000).
22.
NO. 2002-136
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF CROSS TIMBERS PARK;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2828- CROSS TIMBERS PARK
AWARDED TO DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION IN THE
AMOUNT OF $558,000).
23.
NO, 2002-137
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 30'
WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2833-LOOP 288 30' WATERLINE
AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN THE
AMOUNT OF $1,211,846.73).
24.
NO. 2002-138
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TIRE REPAIR AND TIRE
CHANGING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2806-TIRE REPAIR
AND TIRE CHANGING AWARDED TO PRO TIRE, INC. IN THE ESTIMATED
AMOUNT OF $40,000).
25.
NO. 2002-139
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF PRINTER AND PLOTTER
CARTRIDGES AND PARTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2831- ANNUAL
CONTRACT FOR THE PURCHASE OF PRINTER AND PLOTTER CARTRIDGES
City of Denton City Council Minutes
May 14, 2002
Page 6
AND PARTS AWARDED TO GDA MICRO TECHNOLOGIES, INC. IN THE
ESTIMATED AMOUNT OF $54,434.90).
27.
NO. 2002-141
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL PRICE AGREEMENT FOR CONCRETE UTILITY POLES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2836-ANNUAL PRICE AGREEMENT FOR CONCRETE
UTILITY POLES AWARDED TO LONESTAR PRESTRESS MANUFACTURING,
INC. IN THE ESTIMATED AMOUNT OF $193,375).
28.
NO. 2002-142
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN AQUATIC CENTER OPERATIONS AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON
INDEPENDENT SCHOOL DISTRICT AMENDING AN INTERLOCAL
AGREEMENT DATED MAY 15, 2001; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
29.
NO. R2002-015
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A 2002 ACTION PLAN FOR HOUSING AND
COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL
AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR
AN EFFECTIVE DATE.
30.
NO. R2002-016
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE
ELIGIBILITY OF THE STRUCTURES LOCATED AT 535-A AND 535-B S.
LOCUST, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY
SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY
MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND
DECLARING AN EFFECTIVE DATE. THE HISTORIC LANDMARK
COMMISSION RECOMMENDS APPROVAL 6-0.
32.
Confirmed the re-appointment by the City Manager of Dennis Stephens to the Civil
Service Commission.
City of Denton City Council Minutes
May 14, 2002
Page 7
33.
NO. R2002-017
A RESOLUTION NOMINATING A MEMBER TO THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS 2002-03 EXECUTIVE BOARD; AND DECLARING
AN EFFECTIVE DATE.
34. Approved tax refunds for the following property taxes:
Tax
Name Reason Year Amount
Fist S~ate fo 1',I~ ~ ~ ~ent ag
B. Wells Fargo for David & Laura Boring Duplicate Payment 2001 $ 916.73
~ And ~ ~lI~e ~ P~i ate ~ ~ent ~0~ $ 5~0 ~g
D. Washington Mutual Bank for Jer~ & Overpayment 2001 $1,155.93
Carol Knott
~lls ~rg fo S~l ~ ~P~ ge ~ ~ent ~0~ $ 506~6
F. Washington Mutual Bank Erroneous Payment 2001 $ 675.60
~lls F~rg~ fo~ D~ B~igg~ Ov~Pav~t 200 $ 5~ 1 96
H. Marjorie Sue Keele Overpayment 2001 $ 562.97
~ ~1~ ~s ~ ~ e p~ent g0~ $ 600~0
J. Danny L. Prins Duplicate Payment 2001 $ 780.65
ar~ ~!~¢~ ¢~S¢ p¢ ~¢g~g gO~ $
L. HA Denton LLC Value Decrease per Denton 2001 $2,235.06
Central Appraisal District
The Mayor left the meeting due to a conflict of interest.
The Council considered Item #31.
31. NO. 2002-143
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST
AMENDMENT TO THAT CERTAIN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW OFFICES OF JIM BOYLE, P.L.L.C. FOR
REPRESENTATION IN LITIGATION AND PROCEEDINGS BEFORE THE TEXAS
RAILROAD COMMISSION REGARDING THE GAS RATE FOR THE SPENCER
ELECTRIC GENERATING STATION; INCREASING THE AMOUNT OF THE
PROFESSIONAL FEE; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs"ayd',
Fulton "ayd', McNeill "ayd', Montgomery "ayd', Phillips "ayd', and Redmon "ayd'. Motion carried
unanimously.
City of Denton City Council Minutes
May 14, 2002
Page 8
Mayor Brock returned to the meeting.
Item #26 was considered.
Council Member Phillips stated that he was in favor of the recycling services but wanted fixed
income residents taken into consideration when fees were charged.
Council Member Fulton stated that she was in favor of the recycling services but had concerns
on glass recycling and how the glass could be kept separated and unbroken.
Council Member Redmon stated that he was in favor of the recycling services but had concerns
about the mandatory fee that would be added to utility bills. He suggested that it be a voluntary
use and that the City offer a discount for senior citizens or give them an exemption.
Mayor Brock suggested a pay as you go service.
Council Member Phillips asked how growth would be addressed.
Vance Kemler stated that the bid was based on a monthly fee per residential account. As growth
occurred, the total number of accounts would increase.
Tom Sandlin, Trinity Waste Services, stated that education was a key factor.
Kemler stated that the Solid Waste Department planned to propose a discount solid waste service
fee in their budget package.
The following individuals spoke on the item:
Ed Soph, 1620 Victoria, Denton, 76209-favor
Jim Lattimore, 6100 Elliot Reeder Rd., Ft. Worth, 76117-favor
Tom Seller, 2322 Dundee Place, Carrollton, 76007 - favor
The following comment cards were submitted:
Jennifer Hurt-Randolph, 1027 Welch, Denton, 76201-favor
Carol Soph, 1620 Victoria, Denton, 76209-favor
Anita Brigman, 2232 Houston Place, Denton, 76201-favor
Julie Scharnberg, 1517 E. Windsor, Denton, 76209-favor
Gene Hargrove, 2025 Houston Place, Denton, 76201-favor
Ken and Jan Dickson, 8065 Zachery Road, Aubrey, 76227-favor
Kathy Scott, 413 Lake Shore Drive, Shady Shore, 76208-favor
Jorge Urbina, 2224 Houston Place, Denton, 76201-favor
Patty Clifton, 2224 Houston Place, Denton, 76201-favor
Kevin Kennelly, 2105 Houston Place, Denton, 76201-favor
Dave Randolph, 1027 Welch, Denton, 76201-favor
Lynn Davenport, 705 W. Oak, Denton, 76201 - favor
City of Denton City Council Minutes
May 14, 2002
Page 9
The following ordinance was considered:
NO. 2002-140
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING
COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF
RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING SERVICES TO
THOSE DENTON RESIDENTIAL SOLID WASTE CUSTOMERS AS DETERMINED
BY THE CITY COUNCIL; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (REQUEST FOR BIDS NO.
2832- RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING SERVICES;
AWARDED TO TRINITY WASTE SERVICES.)
Fulton motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "ay6',
Fulton "ay6', McNeill "aye', Montgomery "aye', Phillips "aye', Redmon "aye', and Mayor Brock "ay6'.
Motion carried unanimously.
PUBLIC HEARING
Item #43 was considered.
43. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 37 acres from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district. The property was generally
located on the west side of Bonnie Brae north of Windsor and south of Riney Road. The
Planning and Zoning Commission recommended approval of Neighborhood Residential Mixed
Use 12 (NRMU-12) (4-2). (Z02-0007) [Property owner initiated rezoning, initially reviewed
during the Development Code review process.]
The public hearing was opened.
The following individual spoke during the public hearing:
Jon Sellman, 2208 Lookout Lane, Denton, 76207 - opposition
Burroughs motioned, McNeill seconded to continue the public hearing to June 18, 2002. On roll
vote, Burroughs"ayg', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ay6', Redmon"ayg', and
Mayor Brock"ayg'. Motion carried unanimously.
Item #44 was considered.
44. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.52 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown
Residential 2 (DR-2) zoning district. The property was commonly known as 915 Avenue A, 917
Avenue A and 1124 Fannin and was located at the northeast corner of Fannin and Avenue A. An
apartment complex was proposed. The Planning and Zoning Commission recommended
approval (6-0). (Z02-0015)
City of Denton City Council Minutes
May 14, 2002
Page 10
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, representing the petitioner, asked the Council to continue the public
hearing until the May 21 st Council meeting
McNeill motion, Montgomery seconded to continue the public hearing until May 21, 2002. On
roll vote, Burroughs"ay~', Fulton"aye', McNeill "aye', Montgomery"aye', Phillips "aye', Redmon"ay~',
and Mayor Brock"ayg'. Motion carried unanimously.
Items #35 and #36 were considered together.
35. The Council held a public hearing and considered adoption of an ordinance amending
Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Neighborhood Centers to
Community Mixed Use Center and from Employment Centers to Neighborhood Centers. The
area for amendment encompassed approximately 70 acres. The site was generally located south
of the intersection of Loop 288 at Kings Row. A development containing a variety of single-
family, multi-family, retail, office and commercial uses was proposed. The Planning and Zoning
Commission recommended approval (6-0). (CAOi-O001)
36. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 180 acres from Neighborhood Residential 2 (NR-2), Neighborhood Residential 4
(NR-4), and Employment Center Industrial (EC-I) zoning districts to Neighborhood Residential
3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6),
Neighborhood Residential Mixed Use 12 (NRMU-12), and Community Mixed Use General
(CM-G) zoning districts. The property was 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. A
development containing a variety of single-family, multi-family, retail, office and commercial
uses was proposed. The Planning and Zoning Commission recommended approval (5-1). (Z02-
0004)
Doug Powell, Director of Planning and Development, stated that the public hearings for Items
#35 and #36 could be held together but they would have to be voted on separately.
Consensus of the Council was to hold the public hearings together.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Ed Wolski, 2301 Hollyhill, Denton,
Jeff Krueger-favor
Tim Somely-favor
76205- hvor
The Mayor closed the public hearing
City of Denton City Council Minutes
May 14, 2002
Page 11
The following ordinance was considered:
NO. 2002-144
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN ON THE LAND ELEMENT OF THE
DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR
AMENDMENT ENCOMPASSING APPROXIMATELY 70 ACRES AND
GENERALLY LOCATED SOUTH OF THE INTERSECTION OF LOOP 288 AT
KINGS ROW; PROVIDING A SAVINGS AND REPEAL CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (CA01-0001)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ay6',
Fulton "ayg', McNeill "ayg', Montgomery "naj¢', Phillips "ayg', Redmon "ayg', and Mayor Brock "naj¢'.
Motion carried with a 5-2 vote.
The following ordinance was considered:
NO. 2002-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2),
NEIGHBORHOOD RESIDENTIAL 4 (RN-4) AND EMPLOYMENT CENTER
INDUSTRIAL (EC-I) ZONING DISTRICT CLASSIFICATIONS AND LAND USE
DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3),
NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6
(NR-6), NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12), AND
COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT
CLASSIFICATIONS AND LAND USE DESIGNATIONS FOR APPROXIMATELY
180 ACRES GENERALLY LOCATED ON EITHER SIDE OF LOOP 288 NORTH OF
MINGO ROAD, SOUTH OF KINGS ROW, EAST OF OLD NORTH ROAD AND
WEST OF COOPER CREEK ROAD; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0004)
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
'hyg', Fulton"ayg', McNeill"ayg', Montgomery"na~', Phillips"ayg', Redmon"ayg', and Mayor Brock"na~'.
Motion carried with a 5-2 vote.
37. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.8 acres, from a Multiple Family Dwelling District 1 (MF-1) zoning district to a
Neighborhood Residential 3 (NR-3) zoning district. The property was commonly addressed as
1822, 1828 and 1902 West Oak Street and generally located on the north side of West Oak Street
approximately 310 feet east of Bradley Street. The property was being rezoned to bring it in
conformance with the Denton Development Code. The Planning and Zoning Commission
recommended approval (4-2). (Z02-0016) [City initiated rezoning, initially reviewed during the
Development Code review process.]
City of Denton City Council Minutes
May 14, 2002
Page 12
Doug Powell, Director of Planning and Development, stated that this property was part of the
city initiated rezoning as a result of the Development Code process. The property owner had
submitted a letter of protest that would require a supermajority vote by council.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Ike Shupe, representing the property owner - against the rezoning
Dixie Stevenson, 1920 West Oak, Denton, 76201 - favor
Sara Harvey, 312 Marietta, Denton, 76201 - favor
Karen Devinney, 2205 West Oak, Denton, 76201 - favor
Elise Ridenour, 2205 West Oak, Denton, 76201-favor
Steven Friedson, 2205 West Oak, Denton, 76201 -favor
Stephen Plyler, 1919 Houston Place, Denton, 76201-favor
Wendell Withrow, attorney for West Oak Street Neighborhood Assoc. - favor
David Bynum, 215 Marietta, Denton, 76201 - opposed
Scott Short, 1907 West Oak, Denton, 76201 - favor
The following comment cards were submitted in favor of the rezoning:
Cecil Adkins, 2227 Houston Place, Denton, 76201
Fred Hamilton, 2021 W. Oak, Denton, 76201
Maggie Watt, 1004 West Oak, Denton, 76201
Julie Scharnberg, 1517 E. Windsor, Denton, 76207
Edie Lenaburg, 308 Marietta, Denton, 76201
JoAnn Nunnelly, 2215 Houston Place, Denton, 76201
Jacqueline Gibbons, 2015 Houston Place, Denton, 76201
Margarete Neale, 1721 West Oak, Denton, 76201
Darlene Mullenweg, 711 West Oak, Denton, 76201
Helen Dewey Reikofski, 723 West Oak, Denton, 76201
Betty Mullenweg, 409 Bradley, Denton, 76201
Lynn Davenport, 705 West Oak, Denton, 76201
H. Ghadiri, 1910 West Oak, Denton, 76201
Darlene Stewart, 2003 West Oak, Denton, 76201
Bob and Ellen Ralph, 1717 West Oak, Denton, 76201
Anita Brigman, 2232 Houston Place, Denton, 76201
Margaret Wilson, 1914 West Oak, Denton, 76201
Joyce Palmer, 1905 West Oak, Denton, 76201
Caroline Polliard, 1800 West Oak, Denton, 76201
Eugene Hargrove, 2025 Houston Place, Denton, 76201
Marsha Stevenson, 1920 West Oak, Denton, 76201
Jennifer Collins, 312 Marietta, Denton, 76201
Patty Clifton, 224 Houston Place, Denton, 76201
Jorge Urbina, 2224 Houston Place, Denton, 76201
The Mayor closed the public hearing.
City of Denton City Council Minutes
May 14, 2002
Page 13
Montgomery motioned, Brock seconded to approve the NR-3 zoning. On roll vote, Burroughs
'~g', Fulton"nag', McNeill"ayg', Montgomery"ayg', Phillips"ayg', Redmon"nag', and Mayor Brock"ayg'.
Motion failed with a 5-2 vote as a supermajority vote of the Council was needed.
38. The Council held a public hearing to consider adoption of an ordinance rezoning
approximately 0.4 acres, from a Multiple Family Dwelling District 1 (MF-1) zoning district to a
Neighborhood Residential 3 (NR-3) zoning district. The property was commonly addressed as
722 West Oak Street and generally located on the north side of West Oak Street between Mounts
Avenue and Denton Street. The property was being rezoned to bring it in conformance with the
Denton Development Code. The Planning and Zoning Commission recommended approval (5-
1). (Z02-0017) [City initiated rezoning, initially reviewed during the Development Code review
process.]
Doug Powell, Director of Planning and Development, reviewed the details of the rezoning. As
the property owner was opposed the rezoning, a supermajority vote of the Council was required.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Peggy Capps, 915 West Oak, Denton, 76201-favor
Delores Vann, 811 West Oak, Denton, 76201-favor
Darlene Mullgenweg, 711 West Oak, Denton, 76201-favor
Jean Hanson, 818 West Oak, Denton, 76201-favor
Brian Morrison, 305 Mounts, Denton, 76201 - favor
Catherine Lair, 716 West Oak, Denton, 76201-favor
Shirley Bliss, 904 West Oak, Denton, 76201-favor
Joe Lair, 716 West Oak, Denton, 76201-favor
Randall Boyd, 1023 West Oak, Denton, 76201-favor
Mike Cochran, 610 West Oak, Denton, 76201-favor
Helen Dewey Reikofski, 723 West Oak, Denton, 76201-favor
Tony Damico, 1801 Panhandle, Denton, 76201 - favor
Lynn Davenport, 705 West Oak, Denton, 76201 - favor
Dalton and Charlotte Allen, 111 Lexington Lane, Denton, 76205-opposed
The following comment cards were submitted in favor of the rezoning:
Anita Brigman, 2232 Houston Place, Denton, 76201
Stephen Plyler, 1919 Houston Place, Denton, 76201
Elise Ridenour, 2205 West Oak, Denton, 76201
Dixie Stevernson, 1920 West Oak, Denton, 76201
Robert Moses, 115 W. Hickory, Denton, 76201
Eugene Hargrove, 2025 Houston Place, Denton, 76201
Caroline Polliard, 1800 West Oak, Denton, 76201
Joyce Palmer, 1905 West Oak, Denton, 76201
Steven Friedson, 2205 West Oak, Denton, 76201
Ellen Ralph, 1717 West Oak, Denton, 76201
J. D. Vann, 811 West Oak, Denton, 76201
City of Denton City Council Minutes
May 14, 2002
Page 14
Jerry Adams, 311 Mounts, Denton, 76201
Kevin Kennelly, 2105 Houston Place, Denton, 76201
Marsha Stevenson, 1920 West Oak, Denton, 76201
Sara Harvey, 312 Marietta, Denton, 76201
Patty Clifton, 2224 Houston Place, Denton, 76201
Jorge Urbina, 2224 Houston Place, Denton, 76201
Jaqueline Gibbons, 2015 Houston Place, Denton, 76201
Edie Lenaburg, 308 Marietta, Denton, 76201
JoAnn Nunnelly, 2215 Houston Place, Denton, 76201
Julie Scharnberg, 1517 E. Windsor, Denton, 76201
Fred Hamilton, 2021 West Oak, Denton, 76201
Cecil Adkins, 2227 Houston Place, Denton, 76201
Maggie Watt, 1004 West Oak, Denton, 76201
The Mayor closed the public hearing.
Burroughs motioned, Montgomery seconded to approve the rezoning to NR-3. On roll vote,
Burroughs"aye', Fulton"na33', McNeill"ay~', Montgomery"aye', Phillips"aye', Redmon"na33', and Mayor
Brock"ayg'. Motion failed with a 5-2 vote as a supermajority vote of the Council was needed.
39. The Council held a public hearing and considered adoption of an ordinance for a Specific
Use Permit for approximately 0.7 acres, commonly known as 1911 Virginia Street. The subject
property was zoned Employment Center Commercial (EC-C) and was generally located north of
Virginia Street and south of Mingo Road. A 120' telecommunications tower was proposed. The
Planning and Zoning Commission recommended approval (6-0). (Z02-O001)
Doug Powell, Director of Planning and Development, reviewed the history of request.
The Mayor opened the public hearing.
The following individual spoke during the public hearing.
Jim Walker, 1620 Handlee Drive, Denton, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
No. 2002-146
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON 0.7 ACRES OF LAND
DESCRIBED AS LOT 3, BLOCK K OF THE EAST INDUSTRIAL PLAZA
ADDITION AND COMMONLY KNOWN AS 1911 VIRGINIA STREET, WITHIN AN
EMPLOYMENT CENTER-COMMERCIAL (EC-C) DISTRICT CLASSIFICATION
AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z02-0001)
City of Denton City Council Minutes
May 14, 2002
Page 15
Burroughs motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs"ayg',
Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'.
Motion carried unanimously.
40. The Council held a public hearing and considered adoption of an ordinance amending the
Concept Plan for Planned Development 139 (PD-139). The approximately 400-acre site,
commonly known as The Vintage, was located east of Interstate 35W along both sides of
Vintage Boulevard west of Bonnie Brae. An amendment allowing filling of the floodplain to
develop additional single-family dwellings, gas well operations, and amenity centers was
proposed. The Planning and Zoning Commission recommended denial for additional residential
lots, and approval with conditions to allow gas well operation and amenity center land uses (6-0).
(Z01-0048) (The Vintage, Amended Concept Plan)
Doug Powell, Director of Planning and Development, reviewed the details of the proposal. The
applicant had withdrawn his application to fill the floodplain. The only Council consideration
would be the gas well operations and amenity center land use.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Charles Jowell, 1812 Woodridge Drive, Arlington, 76013 - favor
The Mayor closed the public hearing.
NO. 2002-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCES 91-034 AND 99-317, TO CHANGE THE PERMITTED LAND USES
FOR THE PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT AND
LAND USE CLASSIFICATION TO ALLOW AMENITY CENTERS AND THE
DRILLING, COMPLETING, OPERATING, REWORKING, RECOMPLETING AND
PRODUCING OF NATURAL GAS; SAID PD139 CONTAINS APPROXIMATELY
401 ACRES AND IS COMMONLY KNOWN AS THE VINTAGE; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,00.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z-01-0048)
Redmon motioned, Burroughs seconded to adopt the ordinance with the conditions from the
Planning and Zoning Commission. On roll vote, Burroughs "ayg', Fulton "ayg', McNeill "ay6',
Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously.
41. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 5.0 acres from a Neighborhood Residential 4 (NR-4) zoning district to a
Neighborhood Residential Mixed-Use 12 (NRMU-1) zoning district. The property was generally
located along the east side of Highway 377, approximately 900 feet north of Chipping Campden
Road. A retail development was proposed. The Planning and Zoning Commission
City of Denton City Council Minutes
May 14, 2002
Page 16
recommended approval (6-0). (Z02-0008) (deffries Cente0 [Property owner initiated rezoning,
initially reviewed during the Development Code review process.]
Doug Powell, Director of Planning and Development, reviewed details of proposal. NRMU-12
zoning had been requested by the property owner.
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. 2002-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE 12 (NRMU- 12) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 5.014 ACRES OF LAND
GENERALLY LOCATED ALONG THE EAST SIDE OF HIGHWAY 377
APPROXIMATELY 900 FEET NORTH OF CHIPPING CAMPDEN ROAD
LEGALLY DESCRIBED AS TRACT 3 OF ABSTRACT J. SEVERE 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. (Z002-0008)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye',
Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'.
Motion carried unanimously.
42. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 3.1 acres from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed-Use (NRMU) zoning district. The property, commonly known
as 711 East Sherman Drive, was generally located along the west side of Sherman Drive
approximately 150 feet west of Linwood Drive and Sherman Drive intersection. No
development was proposed. The Planning and Zoning Commission recommended approval (6-
0). (Z02-0020) [Property owner initiated rezoning, initially reviewed during the Development
Code review process.]
Doug Powell, Director of Planning and Development, reviewed the details of the proposal.
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
May 14, 2002
Page 17
The following ordinance was considered:
NO. 2002-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 3.1 ACRES OF LAND, COMMONLY
KNOWN AS 711 EAST SHERMAN DRIVE, AND GENERALLY LOCATED ALONG
THE WEST SIDE OF SHERMAN DRIVE APPROXIMATELY 50 FEET WEST OF
THE INTERSECTION OF LINWOOD DRIVE AND SHERMAN DRIVE AND
LEGALLY DESCRIBED AS 3.1 ACRES OF TRACT 47 OF ABSTRACT J. CARTER
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. (Z002-0020)
Fulton motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye',
Fulton "aye', McNeill "aye', Montgomery "aye', Phillips "aye', Redmon "aye', and Mayor Brock "aye'.
Motion carried unanimously.
45. The Council held the first of two public hearings to consider the voluntary annexation
and service plan for approximately 345.5 acres of land generally located north of Loop 288, east
of Bonnie Brae and west of Locust, in the northern section of the City of Denton Extraterritorial
Jurisdiction (ET J). (A02-O001)
Doug Powell, Director of Planning and Development, reviewed the details of the voluntary
annexation.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
46. The Council held a public hearing to consider adoption of an ordinance creating a Special
Sign District on 7.52 acres of land in a Downtown Commercial General (DC-G) zoning district.
The site was located on the north side of Interstate 35E, approximately 210 feet west of Centre
Place and east of Meadow. The proposal was to create a Special Sign District for the entire tract
that includes six lots. The Planning and Zoning Commission recommended approval (7-0).
(SD02-O001)
Doug Powell, Director of Planning and Development, reviewed the details of the project. The
amount of opposition was now reduced and was no longer at 20%.
The Mayor opened the public hearing.
City of Denton City Council Minutes
May 14, 2002
Page 18
The following individuals spoke during the public hearing:
Representative to the petitioner - spoke in favor
Glenn Gunterke - favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT (SD-l) AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN
APPROXIMATE 7.52 ACRES OF LAND LOCATED ALONG THE NORTH RIGHT-
OF-WAY LiNE OF 1-35 BETWEEN TEASLEY AND MEADOW IN THE CITY OF
DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Redmon motioned, Fulton seconded to adopt the ordinance with a 600 square foot sign. On roll
vote, Burroughs"aye', Fulton"aye', McNeill "aye', Montgomery"aye', Phillips "aye', Redmon"ay~', and
Mayor Brock"na:¢'. Motion carried with a 6-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Brock left the meeting with a conflict of interest.
47. The Council considered approval of a resolution of the City of Denton, Texas,
authorizing intervention in Gas Utilities Docket 9292 at the Railroad Commission; authorizing
participation in a Steering Committee with other cities served by TXU and requiring
reimbursement from TXU Lone Star Pipeline of Cities' reasonable rate case expenses; and
providing an effective date.
Herb Prouty, City Attorney, reviewed the details of the project.
The following resolution was considered:
NO. R2002-018
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING
INTERVENTION IN GAS UTILITIES DOCKET 9292 AT THE RAILROAD
COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE
WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT
FROM TXU LONE STAR PIPELINE OF CITIES' REASONABLE RATE CASE
EXPENSES; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
May 14, 2002
Page 19
McNeill motioned, Phillips to approve the resolution with option one. On roll vote, Burroughs
'hyg', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ayg', and Redmon"ayg'. Motion carried
unanimously.
48. New Business
The following items of New Business was suggested by Council for future agendas:
A. Council Member Redmon requested information on the hiring of a Director for
the Denton Housing Authority.
B. Council Member Redmon requested a progress report on the Mayhill Road
Project.
C. Council Member Redmon requested a work session regarding the employment
issues raised by Carl Williams.
D. Council Member Fulton requested information regarding the Mayhill Road
improvements.
E. Council Member Fulton requested a discussion on the Mingo Road situation.
F. Council Member Fulton requested a staff report on Brush Creek Road and
Highway 377.
G. Council Member Phillips requested a discussion on alternative rates for recycling.
49. Items from the City Manager
City Manager Conduff did not have any items for Council.
50. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
51. 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 adjourn 11:40 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXS
JENNIFER WALTERS
CITY OF DENTON, TEXAS