Minutes June 18, 2002CITY OF DENTON CITY COUNCIL M1NUTES
June 18, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 18, 2002 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Council Members Fulton, McNeill, and Montgomery
ABSENT: Mayor Pro Tern Burroughs; Council Members Phillips and Redmon
1. The Council considered a report, held a discussion and gave staff direction regarding the
proposed transportation service plan adopted by the Interim Executive Committee of the Denton
County Transportation Authority.
Jon Fortune, Assistant City Manager for Public Safety and Transportation Operations, presented
a review of the proposed service plan developed by the Denton County Transportation Authority.
Included in the review were the goals and objectives for the plan and the proposed services.
Council Member Redmon joined the meeting.
Fortune detailed the regional rail plan, the regional connector service, the feeder/local bus
service, demand response service, local assistance/corridor preservation, funding scenarios, and
future deadlines/considerations.
Council Member Burroughs joined the meeting.
The following individuals spoke during the meeting:
Dr. Norval Pohl, UNT President
Dr. Lee Ann Nutt-NCTC Provost for Corinth Campus
Bob Haley-CEO Denton Regional Medical Center
Dr. Ann Stuart-TWU President
Chuck Carpentter-Denton Chamber of Commerce
Ray Bejarano-Golden Triangle Mall
Council Member Phillips joined the meeting.
Consensus of the Council was to proceed with a resolution of support for consideration at the
July 16th meeting.
2. The Council received a report, held a discussion, and gave staff direction regarding the
use of a sales tax option to fund local street maintenance and repair, and to assess other
municipal sales tax options.
Dave Hill, Assistant City Manager for Development Services, reviewed the regionally significant
roadways and local streets components of roadway improvement programming. He stated that
the city had the capacity to increase local sales tax by ~A% or ~A% to support regional transit. The
recommendation was to approve the implementation of a pavement management system to
enable clear and concise evaluation of city streets. Staff was requesting direction on whether or
not to pursue this option of adding the ~A% sales tax for street maintenance and repair.
City of Denton City Council Minutes
June 18, 2002
Page 2
3. The Council discussed the nomination process for the City's Boards and Commissions.
Jennifer Walters, City Secretary, updated the Council on the process for board and commission
nominations.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the City Council regular meeting of June 18, 2002.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
1. The Council considered the following in Closed Meeting:
Deliberations regarding real property---Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney---Under TEXAS
GOVERNMENT CODE Section 551.071
Deliberated the purchase and value of real property interests of certain real
property comprising a tract of land containing approximately 0.565 acres
for street purposes, and two Slope Easements containing approximately
0.203 acre and 0.134 acre, respectively, all of which are located in the D.
Lambert Survey, Abstract No. 784 in the City of Denton, Denton County,
Texas and being part of Lot 1, Block A, Lombard Addition, an addition to
the City of Denton, Texas, as part of the Colorado/Mayhill/Edwards
Paving and Drainage Improvements Project.
Deliberations regarding real property---Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney---Under TEXAS
GOVERNMENT CODE Section 551.071
Deliberated the purchase and value of real property interests of certain real
property comprising tracts of land containing approximately 3.172 acres
for Public Utility Easements and 2.655 acres for Temporary Construction
Easements from the Denton Independent School District, all of which are
located in the S. McKracken Survey Abstract Number 817, City of
Denton, Denton County, Texas as part of the Lake Ray Roberts Water
Transmission Line Project and the Loop 288 Water Line Project.
Deliberations regarding real property---Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney---Under TEXAS
GOVERNMENT CODE Section 551.071
Deliberated the purchase and value of real property interests of certain real
property comprising of tracts containing approximately 0.807 acres, 0.036
acres, 0.089 acres, 0.124 acres, and 0.028 acres of land, located in the City
of Denton, Denton County, Texas in the Stephen A. Venter Survey,
Abstract No. 1315, located on the south side of Hickory Creek Road, just
east of the intersection of Livingstone Drive and Hickory Creek Road,
City of Denton City Council Minutes
June 18, 2002
Page 3
which acquisition is for public purpose; receive legal advise from the City
Attorney or his staff concerning legal issues regarding the acquisition
and/or condemnation of such real property interest. (Hickory Creek Road
Improvements Project); and
Deliberated the purchase and value of real property interests of certain real
property comprising a tract containing approximately 1.043 acres of land,
located in the City of Denton, Denton County, Texas in the Stephen A.
Venter Survey, Abstract No. 1315, located on the south side of Hickory
Creek Road, just west of the intersection of Teasley Lane and Hickory
Creek Road, which acquisition is for public purpose; receive legal advise
from the City Attorney or his staff concerning legal issues regarding the
acquisition and/or condemnation of such real property interest. (Hickory
Creek Road Improvements Project); and
Deliberated the purchase and value of real property interests of certain real
property comprising of tracts containing approximately 0.769 acres and
0.089 acres of land, located in the City of Denton, Denton County, Texas
in the Eli Pickett Survey, Abstract No. 1018, located on the north side of
Hickory Creek Road, just west of the intersection of Teasley Lane and
Hickory Creek Road, which acquisition is for public purpose; receive legal
advise from the City Attorney or his staff concerning legal issues
regarding the acquisition and/or condemnation of such real property
interest. (Hickory Creek Road Improvements Project); and
Deliberated the purchase and value of real property interests of certain real
property comprising of a tract containing approximately 0.352 acres of
land, located in the City of Denton, Denton County, Texas in the Eli
Pickett Survey, Abstract No. 1018, located on the north side of Hickory
Creek Road, approximately 750' west of the intersection of Teasley Lane
and Hickory Creek Road, which acquisition is for public purpose; receive
legal advise from the City Attorney or his staff concerning legal issues
regarding the acquisition and/or condemnation of such real property
interest. (Hickory Creek Road Improvements Project); and
Deliberated the purchase and value of real property interests of certain real
property comprising of tracts containing approximately 0.589 acres and
0.043 acres of land, located in the City of Denton, Denton County, Texas
in the Eli Pickett Survey, Abstract No. 1018, located on the north side of
Hickory Creek Road, approximately 400' east of the intersection of
Livingstone Drive and Hickory Creek Road, which acquisition is for
public purpose; receive legal advise from the City Attorney or his staff
concerning legal issues regarding the acquisition and/or condemnation of
such real property interest. (Hickory Creek Road Improvements Project);
and
City of Denton City Council Minutes
June 18, 2002
Page 4
Deliberated the purchase and value of real property interests of certain real
property comprising of tracts containing approximately 0.062 acres and
0.016 acres of land, located in the City of Denton, Denton County, Texas
in the Eli Pickett Survey, Abstract No. 1018, located on the north side of
Hickory Creek Road, approximately 150' east of the intersection of
Livingstone Drive and Hickory Creek Road, which acquisition is for
public purpose; receive legal advise from the City Attorney or his staff
concerning legal issues regarding the acquisition and/or condemnation of
such real property interest. (Hickory Creek Road Improvements Project)
Consultation with the City Attorney--Under TEXAS GOVERNMENT CODE
Section 551.071.
Discussed and considered strategy, status, and possible settlement of
litigation with the City's attorneys in litigation styled City of Denton, et al
v. TXU Electric Company, et al, Cause No. 009383 currently pending in
the 134th District Court of Dallas County, Texas, and discussed legal
issues concerning this litigation with the attorneys where to discuss these
matters in public would conflict with the duty of the City's attorneys to the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas.
Regular Meeting of the City of Denton City Council on Tuesday, June 18, 2002 at 6:30 p.m. in
the Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
2. Mayor Brock presented the June Yard-of-the-Month Awards:
Ed and Sue Maglaughlin
Mark and Loretta Keaton
Eric and Cheryl Fritsch
Ann and Dan Neal
Inez Kelly
Laurie J. Hammett
Robert and Elinor Hughes-Xeriscaped Yard
Calloway's Nursery-Commercial Award
3. Recognition of staff accomplishments.
City Manager Conduff presented staff accomplishments to the Council.
City of Denton City Council Minutes
June 18, 2002
Page 5
CITIZEN REPORTS
4. Nell Yelldell regarding the DISD school taxes.
Ms. Yelldell stated that the taxes for the DISD were too high. She also complained about the
concrete company and the dumping of concrete in the creek next to her house.
5. Willie Hudspeth regarding citizen concerns with the City.
Mr. Hudspeth again complained about the smoking outside the building. He stated again that
there were no African American firefighters employed by the City of Denton. He again asked
for clarification on the rules for speaking before the Council.
6. Dessie Goodson regarding the City's involvement with low-income people.
Ms. Goodson stated that she found clothes in the dumpster behind Calhoun Middle School. She
felt they should have been given to poor people rather than putting them in the dumpster. She
asked the Council to get involved with the DISD and not throw the clothes in the dumpster.
7. Ed Soph regarding the Good News and the Bad News.
Mr. Soph stated that the EPA had published the toxic chemical air emissions for businesses in
the City. Peterbilt Motors and Acme Brick had a reduction in their emissions but Safety Kleen
had increased its emissions from 1999-2000.
8. Dick Hershberger regarding healthcare needs.
Mr. Hershberger was not present at the meeting.
9. Dave Harper regarding deregulation.
Mr. Harper was not present at the meeting.
10. Ross Melton regarding Code Enforcement and criminal trespass.
Mr. Melton stated he was still having problems with Code Enforcement and felt that the officers
had trespassed on his property in noting violations in his backyard.
CONSENT AGENDA
Burroughs motioned, Montgomery seconded to approve the Consent Agenda and the
accompanying ordinances and resolution. On roll vote, Burroughs"aye', Fulton"aye', McNeill"ay~',
Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously.
11. Approved the minutes of May 7, May 9, May 14, May 20, May 21, and May 28, 2002.
12. NO. 2002-173
City of Demon City Council Minutes
June 18, 2002
Page 6
13.
14.
15.
16.
17.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
JAMES DUNCAN & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING
AND CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN
UPDATED IMPACT FEE STUDY FOR THE WATER AND WASTEWATER
UTILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
NO. 2002-174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A
TOWER/GROUND LEASE AGREEMENT BY AND BETWEEN THE CITY, AS
LESSOR, AND CINGULAR WIRELESS, AS LESSEE, FOR THE LEASE OF TOWER
SPACE ON THE MCKENNA PARK TOWER AND ON THE GROUNDS;
AUTHORIZING THE EXPENDITURE AND RECEIPT OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
This item was pulled from consideration.
NO. R2002-023
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS
OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE
DATE.
NO. 2002-175
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
EMCON/OWT FOR PROFESSIONAL ENGINEERING SERVICES CONSTRUCTION
QUALITY ASSURANCE (CQA) PROFESSIONAL OF RECORD (POR) FOR SOIL
L1NER QUALITY CONTROL AT THE DENTON MUNICIPAL LANDFILL AS SET
FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PSA 2862 TO
EMCON/OWT IN THE AMOUNT OF $117,564).
NO. 2002-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING
COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR
COLLECTION SERVICES FOR DELINQUENT TAXES ON BEHALF OF THE CITY
OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (RFSP 2847- DELINQUENT TAX
ATTORNEY AWARDED TO L1NEBARGER, GOGGAN, BLAIR, PENA, &
SAMPSON, LLP AND GREGORY & CONNER, P.C).
City of Demon City Council Minutes
June 18, 2002
Page 7
18.
NO. 2002-177
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE REPLACEMENT OF THE CIVIC CENTER HVAC
SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2852- CIVIC CENTER HVAC
REPLACEMENT AWARDED TO BCI MECHANICAL, INC. IN THE AMOUNT OF
$89,410).
19.
NO. 2002-178
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS IN
PHASE 2 OF THE CITY OF DENTON LANDFILL; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2859- CONSTRUCTION OF LANDFILL CELLS IN PHASE 2
AWARDED TO L.D. KEMP CONSTRUCTION iN THE AMOUNT OF $878,497.50).
20.
NO. 2002-179
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF OUTDOOR WARNING SIRENS AND PERIPHERAL ITEMS
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 105276 TO GIFFORD ELECTRIC, INC. IN THE
AMOUNT OF $87,393 FOR THREE ADDITIONAL SIRENS FOR OUTDOOR
WARNING SYSTEM).
21
NO. 2002-180
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
INSTALLATION, CONFIGURATION, AND ASSOCIATED SUPPORT HARDWARE
AND SOFTWARE FOR A XIOTECH STORAGE AREA NETWORK FROM THE
HARDING GROUP, INC., A QUALIFIED iNFORMATION SERVICES VENDOR
(QISV) OF THE STATE OF TEXAS. (PURCHASE ORDER 105224-THE HARDING
GROUP, INC. IN THE AMOUNT OF $169,930).
22.
NO. 2002-181
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND PULTE HOMES TO REIMBURSE OWNER FOR THE COSTS OF
BUILDING A WATER MAIN THROUGH PRORATA CHARGES PAID TO THE
CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
City of Demon City Council Minutes
June 18, 2002
Page 8
23.
24.
25.
26.
NO. 2002-182
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND PULTE HOMES TO REIMBURSE OWNER FOR THE COSTS OF
BUILDING A SEWER MAIN THROUGH PRORATA CHARGES PAID TO THE
CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
NO. 2002-183
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON
AND RAY HALLFORD RELATING TO THE PURCHASE OF A 0.565 ACRE
TRACT OF LAND IN FEE SIMPLE FOR STREET PURPOSES, AND TWO SLOPE
EASEMENTS CONTAINING APPROXIMATELY 0.203 ACRE AND 0.134 ACRE,
RESPECTIVELY, ALL OF WHICH ARE LOCATED IN THE D. LAMBERT
SURVEY, ABSTRACT NUMBER 784, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING PART OF LOT 1, BLOCK A, LOMBARD
ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, AS PART OF
THE COLORADO/MAYHILL/EDWARD S PAVING AND DRAINAGE
IMPROVEMENTS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
NO. 2002-184
AN ORDINANCE APPROVING THE PURCHASE OF 3.172 ACRES OF LAND FOR
PUBLIC UTILITY EASEMENTS AND 2.655 ACRES FOR TEMPORARY
CONSTRUCTION EASEMENTS BETWEEN THE CITY OF DENTON AND
DENTON iNDEPENDENT SCHOOL DISTRICT LOCATED IN THE S.
MCKRACKEN SURVEY ABSTRACT NUMBER 817, CITY OF DENTON, DENTON
COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (LAKE RAY ROBERTS WATER
TRANSMISSION LiNE PROJECT AND THE LOOP 288 WATER LiNE PROJECT).
NO. 2002-185
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.807 ACRE TRACT OR PARCEL OF LAND
IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE CITY OF DENTON AND A DRAINAGE AND ACCESS EASEMENT
CONTAINING APPROXIMATELY 0.036 ACRE AND THREE TEMPORARY
CONSTRUCTION, GRADING, AND ACCESS EASEMENTS CONTAINING
APPROXIMATELY 0.089 ACRE, 0.124 ACRE AND 0.028 ACRE, RESPECTIVELY,
ALL OF WHICH ARE LOCATED IN STEPHEN A. VENTURE SURVEY,
ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS
City of Demon City Council Minutes
June 18, 2002
Page 9
AND BEING PART OF A TRACT OF LAND CONVEYED TO GARY JAY
MADRIGAL BY QUITCLAIM DEED RECORDED IN VOLUME 4155, PAGE 1004,
DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND
DECLARING AN EFFECTIVE DATE. ('PARCEL 3)
27.
NO. 2002-186
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 1.043 ACRE TRACT OR PARCEL OF LAND
IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE CITY OF DENTON AND SAID PROPERTY LOCATED IN STEPHEN A.
VENTURE SURVEY, ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO
ALVIN E. MEREDITH ET UX BY DEED RECORDED IN VOLUME 829, PAGE 474
OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED
IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. ('PARCEL 4)
28.
No. 2002-187
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.769 ACRE TRACT OR PARCEL OF LAND
IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND
ACCESS EASEMENT CONTAINING APPROXIMATELY 0.089 ACRE OF LAND,
LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF PARCEL
2, CONVEYANCE PLAT LEXINGTON PARK SOUTH, RECORDED IN CABINET S,
PAGE 299, PLAT RECORDS OF DENTON COUNTY, TEXAS, CONVEYED TO
DWIGHT THOMPSON MINISTRIES, INC. BY DEED RECORDED IN VOLUME
3135, PAGE 439, DEED RECORDS OF DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN
ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC
City of Demon City Council Minutes
June 18, 2002
Page 10
PURPOSE OF CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED
IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. (PARCEL 5)
29.
NO. 2002-188
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.352 ACRE TRACT OR PARCEL OF LAND
IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE ELI
PICKETT SURVEY, ABSTRACT NO.1018 IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND CONVEYED
TO THE MLM FAMILY TRUST BY DEED RECORDED UNDER COUNTY
CLERKS FILE NUMBER 96-0059630, REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET
VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET,
DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN
EFFECTIVE DATE. (PARCEL 6)
30.
NO. 2002-189
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.589 ACRE TRACT OR PARCEL OF LAND
IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND
ACCESS EASEMENT CONTAINING APPROXIMATELY 0.043 ACRE, BOTH OF
WHICH ARE LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A
TRACT OF LAND CONVEYED TO GEORGE T. CONNELL, JR. BY DEED
RECORDED IN VOLUME 3135, PAGE 436, DEED RECORDS OF DENTON
COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET
VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET,
DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN
EFFECTIVE DATE. (PARCEL 7)
31
NO. 2002-190
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.062 ACRE TRACT OR PARCEL OF LAND
IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
City of Demon City Council Minutes
June 18, 2002
Page 11
THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND
ACCESS EASEMENT CONTAINING APPROXIMATELY 0.016 ACRE, BOTH OF
WHICH ARE LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF
A TRACT OF LAND CONVEYED TO TINA M. LAUER BY DEED RECORDED IN
VOLUME 4468, PAGE 744, DEED RECORDS OF DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN
ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC
PURPOSE OF CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED
IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. (PARCEL 8)
32.
APPROVED AN EXACTION VARIANCE OF SECTION 35.20.3(B.) OF THE CODE
OF ORDINANCES CONCERNING PERIMETER SIDEWALK FOR THE
LIVERPOOL ADDITION, BEING A 5.1 ACRE SINGLE FAMILY RESIDENTIAL
PARCEL LOCATED IN A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT AND ON THE WESTERLY SIDE OF BONNIE BRAE
APPROXIMATELY 500 FEET SOUTH OF CORBIN ROAD. THE PLANNING AND
ZONING COMMISSION RECOMMENDS APPROVAL OF A FULL VARIANCE (5-
2) Wo2-ooo8)
33.
APPROVED AN EXACTION VARIANCE OF SECTION 35.20.2(L.3.A.) OF THE
CODE OF ORDINANCES CONCERNING PERIMETER PAVING FOR THE
LIVERPOOL ADDITION, BEING A 5.1 ACRE SINGLE FAMILY RESIDENTIAL
PARCEL LOCATED IN A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT AND ON THE WESTERLY SIDE OF BONNIE BRAE
APPROXIMATELY 500 FEET SOUTH OF CORBIN ROAD. THE PLANNING AND
ZONING COMMISSION RECOMMENDS APPROVAL OF A FULL VARIANCE (5-
2) Wo2-ooo7)
34.
NO. 2002-191
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDERS TO THE CONTRACT BETWEEN THE CITY OF DENTON AND
PHARLAP CONSTRUCTION, INC.; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (CHANGE
ORDER ONE IN THE AMOUNT $139,613, CHANGE ORDER TWO IN THE
AMOUNT OF $3,058 AND CHANGE ORDER THREE IN THE AMOUNT OF
$4,392.)
35.
NO. 2002-192
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND SOUTH RIDGE RECREATION
CLUB FOR THE REPAIR OF SWIMMING POOLS TO BE OPEN TO RESIDENTS
OF THE CITY OF DENTON UPON PAYMENT OF MEMBERSHIP FEES;
City of Denton City Council Minutes
June 18, 2002
Page 12
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
36.
NO. 2002-193
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 OBTAINING FUNDS FOR THE REPLACEMENT OF A VEHICLE
(BUS) FOR THE TRANSIT SYSTEM; AND DECLARING AN EFFECTIVE DATE.
37.
NO. 2002-194
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND THE JUNETEENTH
COMMITTEE TO SUPPORT THE JUNETEENTH PAGEANT; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
PUBLIC HEARINGS
38. The Council continued 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.]
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Eric and Maria Fullerton, 3015 North Bonnie Brae, Denton, 76207 - favor
John Smith, 3309 North Bonnie Brae, Denton, 76207-favor
Comment cards were submitted by:
Martha and Wallace Duke, 3315 North Bonnie Brae, Denton, 76207 - favor
Dorothy Smith, 3309 North Bonnie Brae, Denton, 76207-favor
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
June 18, 2002
Page 13
NO. 2002-195
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 37 ACRES OF LAND GENERALLY
LOCATED ON THE WEST SIDE OF NORTH BONNIE BRAE ROAD NORTH OF
W1NDSOR DRIVE AND SOUTH OF NORTH ELM STREET; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVEPomILITY CLAUSE AND AN EFFECTIVE DATE.
(Z02-0007)
Fulton motioned, Phillips seconded to approve the zoning designation as NRMU. On roll vote,
Burroughs"nag', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor
Brock"ayg'. Motion carried with a 6-1 vote.
39. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.8 acres generally located at the southeast corner of Taliaferro Street and Elm
Street, from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential
Mixed-Use (NRMU-12) zoning district. Attached single-family dwellings were proposed. The
Planning and Zoning Commission recommended approval (7-0). (Z02-0005)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Karen Mitchell, representing the petitioner- favor
Diana Hatch, 2117 North Locust, Denton, 76209 - opposed
A comment card opposing the proposal was submitted by Michael Hatch, 2117 N. Locust,
Denton, 76209.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-196
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 12 (NRMU- 12) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 0.8 ACRES OF LAND
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ELM STREET AND
TALAFERRO STREET INTERSECTION AND LEGALLY DESCRIBED AS TRACTS
95 AND 96 OF ABSTRACT N. MEISENHEIMER SURVEY; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
City of Denton City Council Minutes
June 18, 2002
Page 14
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z02-000S)
Burroughs motioned, Phillips seconded to adopt the ordinance with NRMU-12 zoning. On roll
vote, Burroughs"ayg', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ayg', Redmon"ayg', and
Mayor Brock"nag'. Motion carried with a 6-1 vote.
40. The Council held a public hearing and considered adoption of an ordinance amending
Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Community Mixed Use
Center to Neighborhood Center. The area for amendment encompassed approximately 9.1 acres.
The site was generally located southeast of the intersection of Loop 288 at Sherman Drive,
approximately 510 feet east of Poinsettia Boulevard. The area for amendment was part of a
larger development containing a variety of single-family, multifamily, retail, office and
commercial uses. The Planning and Zoning Commission recommended approval (6-1). (CA02-
ooo )
Doug Powell, Director of Planning and Development, presented the details of the proposal and
noted that Item #41 was a companion of this item. Council might want to consider the two items
at the same time.
The Mayor opened the public hearings for Items #40 and #41.
The following individual spoke during the public hearings:
Jeff Crandell spoke in favor.
The Mayor closed the public hearings for Items #40 and #41.
The following ordinance was considered:
NO. 2002-197
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE
DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR
AMENDMENT ENCOMPASSING APPROXIMATELY 9.1 ACRES AND
GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF LOOP 288 AT
SHERMAN DRIVE, APPROXIMATELY 510 FEET EAST OF POINSETTIA
BOULEVARD; PROVIDING A SAVINGS AND REPEAL CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (CA-02-0001)
Redmon motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "ay6',
Fulton "ayg', McNeill "ayg', 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
multiple parcels totaling approximately 11.3 acres from Neighborhood Residential 3 (NR-3) and
Community Mixed Use General (CM-G) zoning districts to Neighborhood Residential Mixed-
Use 12 (NRMU-12) and Neighborhood Residential 6 (NR-6) zoning districts. The property was
generally located approximately 200 feet east of Sherman Drive and Poinsettia Boulevard
City of Denton City Council Minutes
June 18, 2002
Page 15
intersection. Town homes and detached single-family dwelling units were proposed. The
Planning and Zoning Commission recommended approval (6-1). (Z02-0024)
The public hearing was held in conjunction with Item #40.
The following ordinance was considered:
NO. 2002-198
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) AND
COMMUNITY MIXED-USE GENERAL (CM-G) ZONING DISTRICT
CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD
RESIDENTIAL MIXED-USE 12 (NRMU-12) AND NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATIONS AND USE
DESIGNATIONS FOR APPROXIMATELY 11.3 ACRES OF LAND GENERALLY
LOCATED APPROXIMATELY 200 FEET EAST OF SHERMAN DRIVE AND
POINSETTIA INTERSECTION AND LEGALLY DESCRIBED AS PORTION OF
TRACT 5 OF ABSTRACT S. MCCRACKEN 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. (Z02-0024)
Burroughs motioned, Phillips 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.
42. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 72.3 acres from an Agriculture (A) zoning district to a Neighborhood Residential
3 (NR-3) zoning district. The site was generally located north of Loop 288, south of Long Road,
east of Stuart Drive and west of Sherman Drive. The rezoning was required to bring property
into compliance with the new Development Code zoning classifications. The Planning and
Zoning Commission recommended approval (7-0). (Z02-0023)
Doug Powell, Director of Planning and Development, stated he would answer any questions
from Council.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Allen Bussell, 1668 Amanda Court, Ponder, 76259-favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-199
City of Denton City Council Minutes
June 18, 2002
Page 16
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 72.3 ACRES IN THE CITY OF DENTON
FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO
NEIGHBORHOOD RESIDENTIAL 3 (NR-3); THE TRACT BEING GENERALLY
LOCATED NORTH OF LOOP 288, SOUTH OF LONG ROAD, EAST OF STUART
DRIVE AND WEST OF SHERMAN DRIVE, IN THE CITY OF DENTON;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. (Z02-0023)
Burroughs motioned, Fulton 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.
43. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 3.0 acres of land from a Regional Center Residential 1 (RCR-1) zoning district to
a Regional Center Commercial Downtown (RCC-D) zoning district. The site was generally
located at 4011 Interstate 35 E northbound, on the easterly side of the service road adjacent to the
Finfer Furniture Outlet. Future commercial development was proposed. The Planning and
Zoning Commissions recommended approval (7-0). (Z02-0025)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
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. 2002-200
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 3 ACRES OF LAND FROM A
REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT TO A
REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT,
SAID TRACT LOCATED TO THE EAST SIDE OF INTERSTATE I35-E ADJACENT
TO THE F1NFER FURNITURE OUTLET, IN THE CITY OF DENTON, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Phillips motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton
'~g', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock"ayg'. Motion
carried unanimously.
City of Denton City Council Minutes
June 18, 2002
Page 17
44. The Council held a public hearing and considered adoption of an ordinance amending
Chapter 35, Code of Ordinances of the City of Denton, Texas; "Development Code" by adding
Subchapter 15, "Signs and Advertising Devises"; providing for a cumulative provision;
providing for a severability clause; providing for a penalty in the amount of $2,000 for violations
thereof; and declaring an effective date. The Planning and Zoning Commission recommended
approval (7-0). (SI02-0004)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
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. 2002-201
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35,
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, "DENTON
DEVELOPMENT CODE' BY ADDING SUBCHAPTER 15, "SIGNS AND
ADVERTISING DEVICES' PROVIDING FOR A CUMULATIVE PROVISION;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN
THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING
AN EFFECTIVE DATE.
Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "ay6',
Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'.
Motion carried unanimously.
Mayor Brock left the meeting with a conflict of interest.
45. The Council held a public hearing to receive public comments and evidence on TXU Gas
Distribution's request to change rates in the North Texas Metroplex Distribution System
including the City of Denton, Texas.
City Attorney Prouty briefed the Council on Items #45 and #46.
The Mayor Pro Tem opened the public hearing.
The following individual spoke during the public hearing:
Elizabeth Dedmon, 2102 Fair Oaks Circle, Corinth, 76210 - spoke in favor of denial.
The public hearing was closed.
ITEMS FOR INDIVIDUAL CONSIDERATION
City of Denton City Council Minutes
June 18, 2002
Page 18
46. The Council considered approval of a resolution denying TXU Gas Distribution's request
to change rates in the North Texas Metroplex Distribution System as recommended by the
coalition of cities' consultants and counsel; requiring prompt reimbursement of cities' rate case
expenses; and providing for an effective date.
The following resolution was considered:
NO. R2002-024
A RESOLUTION DENY1NG TXU GAS DISTRIBUTION'S REQUEST TO CHANGE
RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM AS
RECOMMENDED BY THE COALITION OF CITIES' CONSULTANTS AND
COUNSEL; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE
EXPENSES; AND PROVIDING FOR AN EFFECTIVE DATE.
Montgomery motioned, Fulton seconded to approve the resolution. On roll vote, Burroughs"aye',
Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', and Redmon "ayg'. Motion carried
unanimously.
47. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing settlement of litigation styled City of Denton v. Texas Utilities Company, et al.,
Cause No. 009383 currently pending in the 134th District Court of Dallas County, Texas;
authorizing the City Manager and the City Attorney to act on the City's behalf in executing any
and all documents necessary to effect such settlement under the terms set forth in the attached
compromise settlement and release agreement, and to take such other actions deemed necessary
to finalize the settlement; and declaring an effective date.
The following ordinance was considered:
NO. 2002-202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
SETTLEMENT OF LITIGATION STYLED CITY OF DENTON lA. TEXAS UTILITIES
COMPANY,, ET AL., CAUSE NO. 009383 CURRENTLY PENDING IN THE 134TM
DISTRICT COURT OF DALLAS COUNTY, TEXAS; AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN
EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH
SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED
COMPROMISE SETTLEMENT AND RELEASE AGREEMENT, AND TO TAKE
SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE
SETTLEMENT; AND DECLARING AN EFFECTIVE DATE.
McNeill motioned, Phillips seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton
'~g', McNeill"ayg', Montgomery"ayg', Phillips"ayg', and Redmon"ayg'. Motion carried unanimously.
48. The Council considered adoption of an ordinance appointing Municipal Judge, Robin
Ramsay, as Administrative Law Judge for discovery purposes and delegating to the
City of Denton City Council Minutes
June 18, 2002
Page 19
Administrative Law Judge the authority to prepare discovery guidelines in the proceeding
entitled "TXU Gas Distribution's Statement of Intent to Increase Rates in the North Texas
Metroplex Distribution System"; providing the Administrative Law Judge the powers set forth in
the body of this ordinance; and providing an effective date.
The following ordinance was considered:
NO. 2002-203
AN ORDINANCE APPOINTING MUNICIPAL JUDGE, ROBIN RAMSAY, AS
ADMINISTRATIVE LAW JUDGE FOR DISCOVERY PURPOSES AND
DELEGATING TO THE ADMINISTRATIVE LAW JUDGE THE AUTHORITY TO
PREPARE DISCOVERY GUIDELINES IN THE PROCEEDING ENTITLED "TXU
GAS DISTRIBUTION'S STATEMENT OF INTENT TO INCREASE RATES IN THE
NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM"; PROVIDING THE
ADMINISTRATIVE LAW JUDGE THE POWERS SET FORTH IN THE BODY OF
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
Fulton motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton
'~g', McNeill"ayg', Montgomery"ayg', Phillips"ayg', and Redmon"ayg'. Motion carried unanimously.
Mayor Brock returned to the meeting.
49. The Council considered adoption of an ordinance on first reading to voluntarily annex
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 (ETJ).
(,~02-000~)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
Burroughs motioned, Montgomery seconded to adopt the ordinance on first reading. On roll
vote, Burroughs"ayg', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ayg', Redmon"ayg', and
Mayor Brock"ayg'. Motion carried unanimously.
50. The Council considered adoption of an ordinance concerning the Alternative
Development Plan for Chuck E Cheese and Denton Park 35 development. The approximately
7.5 acre property was in the Downtown Commercial General (DC-G) zoning district and was
generally located on the north side of Interstate 35E, approximately 210 feet west of Centre Place
and east of Meadow. Alternative site design standards, including stacking, connectivity and
pervious parking requirements were proposed. (The Planning and Zoning Commission will
make a recommendation on June 12, 2002.) (SP02-0003)
Doug Powell, Director of Planning and Development, presented the details of the proposal. The
Planning and Zoning Commission had recommended approval with the condition that the
internal connectivity not be applied to the entire site and review as the inner parcels were made
available.
City of Denton City Council Minutes
June 18, 2002
Page 20
Fulton motioned, Mayor seconded to approve the proposal with the Planning and Zoning
Commission's recommendation.
Nick Nicholas spoke on the issue
Fulton revised her motion to approve the internal connectivity provided for all six lots by the
four-lane road as noted on page two of the agenda backup with the exception of#4 and #5.
Brock withdrew her second.
Burroughs seconded the revised motion.
The following ordinance was considered:
NO. 2002-204
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR CHUCK E. CHEESE, BEING AN
APPROXIMATE 1.6 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE
OF INTERSTATE 35E, APPROXIMATELY 210 FEET WEST OF CENTRE PLACE
AND EAST OF MEADOW LEGALLY DESCRIBED AS LOT 1, OF THE DENTON
PARK 35 ADDITION, PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayd', Montgomery"ayg', Phillips"ayg', Redmon"ayg',
and Mayor Brock"nag'. Motion carried with a 6-1 vote.
51. The Council considered adoption of an ordinance concerning the Alternative
Development Plan for the Denton Crossing development. The approximately 54-acre site was
generally located at the southwest corner of Loop 288 and Spencer Road. Alternative site design
standards, including parking requirements and architectural elevations, were proposed. The
Planning and Zoning Commission recommended approval (7-0). (SP02-O001)
Burroughs motioned, Redmon seconded to amend the Council rules to allow speakers. There
were no objections from Council.
The following individuals spoke on the issue:
Kevin Caldwell, representing the petitioner - favor
Allen Bussell, 1668 Amanda Court, Ponder, 76259 - favor
The following ordinance was considered:
NO. 2002-205
City of Denton City Council Minutes
June 18, 2002
Page 21
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR DENTON CROSSING
DEVELOPMENT, BEING AN APPROXIMATE 54 ACRE SITE LOCATED AT THE
SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD LEGALLY
DESCRIBED AS LOT 1, BLOCK A, OF THE LONE STAR PAR 3 ADDITION,
TRACTS 1, 2, AND 3 OF THE J. TAFT SURVEY, TRACT 6 OF THE J. CHEEK
SURVEY, AND TRACTS 39, 40, 41, 42, AND 43 OF THE M. AUSTIN SURVEY;
PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs"ayd',
Fulton "ayd', McNeill "ayd', Montgomery "ayd', Phillips "ayd', Redmon "ayg', and Mayor Brock "ayg'.
Motion carried unanimously.
52. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Phillips requested information on how to readdress the denied
SUP on Stanley Street for a home business with the possibility of a limited SUP on a temporary
trial period of limited scope.
B. Council Member Redmon requested information on Ms. Yelldell's concern
regarding the concrete company.
C. Council Member Redmon requested information on how to make Juneteenth a
city holiday.
D. Council Member Fulton requested that the issue of the timing of watering of yards
be brought forward as soon as possible.
E. Council Member Fulton requested a work session on the time line on how long it
took developers/contractors to work through all the development steps until finally approved.
53. Items from the City Manager
City Manager Conduff did not have any items for Council.
54. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
55. 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 10:20 p.m.
City of Demon City Council Minutes
June 18, 2002
Page 22
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS