Minutes July 16, 2002CITY OF DENTON CITY COUNCIL M1NUTES
July 16, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, July 16, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill,
Montgomery, and Phillips.
ABSENT: Council Member Redmon
1. The Council received a report and held a discussion regarding the City of Denton
Mosquito Control Program.
David Hunter reviewed the background of the information presented in the agenda materials. He
stated that the City used source reduction and larvacides instead of spraying for the adult
mosquito. Source reduction dealt with the elimination of mosquito breeding grounds.
Larvacides dealt with the mosquito before it became a biting adult.
Consensus of the Council was to continue with the program as currently in progress.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the City Council regular meeting of July 16, 2002.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the specific items listed below.
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, located in the W.
Loving Survey, Abstract No. 759 being approximately 0.42 acre, 350 feet
north of the intersection of South Locust Street and Eagle Drive, east side
of street, within the City and County of Denton, Texas; which acquisition
was for a public purpose. (Eagle Drive Drainage)
Regular Meeting of the City of Denton City Council on Tuesday, July 16, 2002 at 6:30 p.m. in
the Council Chambers at City Hal
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.
City of Denton City Council Minutes
July 16, 2002
Page 2
PROCLAMATIONS/PRESENTATIONS
2. City Manager Conduff presented staff accomplishments to the Council.
CITIZEN REPORTS
3. Dessie Goodson regarding Code Enforcement and City ordinances.
Ms. Goodson stated that city ordinances should be applied to everyone and not to a select few.
She knew the rules of the Council and did not have to be reminded by the officer on duty at the
Chambers.
4. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code
Enforcement, and the lawyers.
Mr. Melton stated that he was still having a problem with his lawsuit against the City. Code
Enforcement was still in violation by trespassing in his backyard to look for violations.
CONSENT AGENDA
McNeill motioned, Fulton seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery
'~g', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously.
5. Approved the minutes of June 4, June 11, and June 18, 2002.
6. NO. R2002-025
A RESOLUTION APPROVING THE FISCAL YEAR 200 FINANCIAL PLAN OF
THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND
SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN
EFFECTIVE DATE.
NO. 2002-206
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE AMERICAN
RED CROSS OF DENTON REGARDING THE IMPLEMENTATION OF AN
EMERGENCY EVACUATION PLAN; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
July 16, 2002
Page 3
NO. R2002-026
A RESOLUTION PROVIDING FOR THE APPROVAL OF THE SERVICE PLAN
AND PROPOSED TAX RATE AS PREVIOUSLY APPROVED BY THE DENTON
COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE
DATE.
NO. R2002-027
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2003
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
10.
NO. 2002-207
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL
ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JAMES H.
BARROW AND WIFE, GAYLA R. BARROW, RELATING TO THE PURCHASE OF
AN APPROXIMATE 0.42 ACRE TRACT OR PARCEL OF LAND BEING A PART
OF LOT 5, BLOCK B OF THE BLOUNT ADDITION, AN ADDITION TO THE CITY
OF DENTON, FOR USE AS A DRAINAGE CHANNEL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
11
NO. 2002-208
AN ORDINANCE FOR A'~O RIGHT TURN ON STEADY RED, FROM 7:30 A.M.
TO 8:30 A.M. AND FROM 2:30 P.M. TO 3:30 P.M. ON SCHOOL DAYS' FOR
SOUTHBOUND LILLIAN MILLER PARKWAY ONTO TEASLEY LANE AND FOR
WESTBOUND W1ND RIVER LANE ONTO LILLIAN MILLER PARKWAY.
12. Approved a tax refund for the following property taxes:
Name Reason Tax Year Amount
A. Murray Ricks Duplicate Payment 2001 $1,638.61
13. NO. 2002-209
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON
AMENDMENT NO. 1 TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION DATED DECEMBER
4, 2001 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE
DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE.
14. NO. 2002-210
City of Demon City Council Minutes
July 16, 2002
Page 4
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON
AND SENECA CONTRACTING, INC.; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2629-
NORTH LAKES PARK FOOTBALL AND PARKING IMPROVEMENTS CHANGE
ORDER ONE AWARDED TO SENECA CONTRACTING INC. IN THE AMOUNT
OF $212,673).
15.
NO. 2002-211
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON
AND SENECA CONTRACTING, INC.; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2690-
NORTH LAKES PARK SOCCER RESTROOM/CONCESSION BUILDING CHANGE
ORDER ONE AWARDED TO SENECA CONTRACTING INC. IN THE AMOUNT
OF $32,582.35).
16.
NO. 2002-212
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF A PUBLIC HEALTH AND SAFETY VEHICLE
REPLACEMENT IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 105580
TO PRESTIGE FORD IN THE AMOUNT OF $29,379).
17.
NO. 2002-213
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF A REMOUNT ON A NEW CHASSIS FOR AN
AMBULANCE (FD9967) IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDER 105701 TO JACK ROACH FORD IN THE AMOUNT OF $40,000).
18.
NO. 2002-214
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE HWY 380 WATER AND
SEWER RELOCATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2840- HWY 380
WATER AND SEWER RELOCATION AWARDED TO TEXAS ELECTRIC UTILITY
CONSTRUCTION, INC. IN THE AMOUNT OF $1,313,483.95).
19. NO. 2002-215
City of Demon City Council Minutes
July 16, 2002
Page 5
AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND
AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF
SPENCER SWITCH STATION SITE WORK; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2866- SPENCER SWITCH SITE WORK AWARDED TO CAN-FER
CONSTRUCTION COMPANY IN THE NOT TO EXCEED AMOUNT OF $219,000).
20.
NO. 2002-216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE A
PUBLIC LIBRARY DATA MANAGEMENT SYSTEM FROM iNNOVATIVE
INTERFACES INC., A QUALIFIED iNFORMATION SERVICES VENDOR (QISV)
OF THE STATE OF TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER
105714 AWARDED TO iNNOVATIVE INTERFACES, INC. IN THE AMOUNT OF
$220,576).
21.
NO. 2002-217
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF LEGAL ADVERTISING AND NOTICES 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 (FILE 2869-
CONTRACT FOR LEGAL ADVERTISING AWARDED TO DENTON RECORD
CHRONICLE).
22.
NO. 2002-218
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN ANNUAL MAINTENANCE CONTRACT FOR CONTINUED
SUPPORT AND UPGRADES FOR THE VISIONAIR PUBLIC SAFETY SUITE
SOFTWARE PACKAGE 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 105715 AWARDED TO
VISIONAIR IN THE AMOUNT OF $125,000).
23.
NO. 2002-219
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF SEWER LiNE CHEMICAL ROOT
CONTROL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2856- ANNUAL PRICE
AGREEMENT FOR SEWER LiNE CHEMICAL ROOT CONTROL AWARDED TO
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July 16, 2002
Page 6
DUKE'S SEWER ROOT CONTROL SPECIALISTS IN THE ESTIMATED AMOUNT
OF $35,000).
24.
NO. 2002-220
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF AN AUTOMATIC METER READING
SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (RFP 2858-AUTOMATIC METER READING
SYSTEM AWARDED TO ITRON, INC. IN THE AMOUNT OF $86,017).
25.
NO. 2002-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDED CONTRACT FOR
PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF DICKSTEIN,
SHAPIRO, MORIN & OSHINSKY, L.L.P. FOR SERVICES PERTAINING TO THE
DENTON MUNICIPAL ELECTRIC DIVESTITURE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE
APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
26.
NO. 2002-222
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW FIRM OF BOOTH, AHRENS & WERKENTHIN, P.C.,
A TEXAS PROFESSIONAL CORPORATION. FOR SERVICES PERTAINING TO
THE APPLICATION OF THE UPPER TRINITY REGIONAL WATER DISTRICT
FOR REUSE OF LAKE CHAPMAN AND LAKE LEWISVILLE WATER,
LEGISLATIVE AND REGULATORY MATTERS, AND OTHER RELATED
MATTERS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
27.
NO. 2002-223
REMOVED FROM THE TABLE AND ADOPTED AN ORDINANCE OF THE CITY
OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS IN
A CLAIM FILED AGAINST THE CITY OF DENTON BY LARK SCHUTTE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE.
PUBLIC HEARINGS
28. The Council held a public hearing and considered adoption of an ordinance granting
approval of a sub-surface use of a portion of the Denton Branch Rail/Trail at milepost 723.9
adjacent to the north side of Loop 288 for the purpose of a public utility easement in accordance
City of Denton City Council Minutes
July 16, 2002
Page 7
with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement;
and providing an effective date.
Bob Tickner, Superintendent of Parks, 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.
The following ordinance was considered:
NO. 2002-224
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL/TRAIL AT MILEPOST 723.9
ADJACENT TO THE NORTH SIDE OF LOOP 288 FOR THE PURPOSE OF A
PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY
EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
Redmon motioned, Phillips 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.
29. The Council held a public hearing and considered adoption of an ordinance granting
approval of an off-site sub-surface use of South Lakes Park for the purpose of oil and gas drilling
operations in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an
oil and gas lease; and providing an effective date.
Bob Tickner, Superintendent of Parks, presented the details of the proposal as noted in the
agenda materials. The parkland would not be disturbed, as all drilling would be sub-surface.
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. 2002-225
AN ORDINANCE GRANTING APPROVAL OF AN OFF-SITE SUB-SURFACE USE
OF SOUTH LAKES PARK FOR THE PURPOSE OF OIL AND GAS DRILLING
OPERATIONS IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS
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July 16, 2002
Page 8
AND WILDLIFE CODE; PROVIDING FOR AN OIL AND GAS LEASE; AND
PROVIDING AN EFFECTIVE DATE.
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.
30. The Council held a public hearing and considered adoption of an ordinance amending
Chapter 35'~)enton Development Codg', of the Code of Ordinances of the City of Denton, Texas,
to add Conservation Districts to protect neighborhoods that do not qualify for historic district
status but have significant architectural, historic merit and distinct character. The Planning and
Zoning Commission recommended approval (5-1). (SI02-0001)
Julie Glover, Main Street Manager, presented the details of a conservation district. The district
would protect neighborhoods that did not qualify for historic district status but had architectural,
historic merit and distinct character.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bernadette Johansson, 1926 N. Bell, Denton, 76209 - favor
Peggy Capps, 915 West Oak Street, Denton, 76201 - favor
Gary Haden, 2106 N. Bell Ave., Denton, 76209-favor
Bob Ralph, 1717 West Oak, Denton, 76201 - favor
Mike Cochran, 610 West Oak, Denton, 76201 - favor
Comment cards were submitted by the following individuals:
James Ogilvy, 2016 Brown Drive, Denton, 76209 - favor
Sara Harvey, 312 Marietta, Denton, 76201 - favor
Edie Lenaburg, 308 Marietta, Denton, 76201 - favor
Carolyn Polliard, 1800 West Oak, Denton, 76201 - favor
Kiersten Dieterle and Rick Smith, 1920 North Bell, Denton,
Ellen Ralph, 1717 West. Oak, Denton, 76201 - favor
Margaret Neale, 1721 West Oak, Denton, 76201 -favor
Steven Ambuehl, 2003 N. Bell, Denton, 76209 - favor
Steven Johansson, 1926 N. Bell, Denton, 76209-favor
76201-favor
The Mayor closed the public hearing.
Council discussed the pros and cons of the ordinance and had several questions that staff would
have to research the answers.
Burroughs motioned, McNeill seconded to postpone the item until the earliest work session
available and to consider the ordinance at the next meeting following the work session
City of Denton City Council Minutes
July 16, 2002
Page 9
discussion. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg',
Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously.
31. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 18 acres from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential 6 (NR-6)
zoning districts. The property was generally located west of Bonnie Brae approximately 1,300
feet south of Windsor commonly referred as 2201 and 2205 N. Bonnie Brae. The Planning and
Zoning Commission recommended denial (4-2). (Z02-0019)
Doug Powell, Director of Planning and Development, stated that a supermajority vote was
required as the Planning and Zoning Commission and 20% of the adjoining property owners
were in opposition.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Sal Baker- favor
Johnny Guaj ardo, 2124 Crestmeadow, Denton, 76207-opposed
Rudy Moreno, 3608 Marianne Circle, Denton, 76209 - opposed
Connie Ray, 2611 Hutchison Lane, Corinth, 76210-opposed
Charles King, 1215 North Elm, Denton, 76201-favor of denial
Mike Cochran, 610 West Oak Street, Denton, 76201 - opposed
Comment cards were submitted by the following individuals:
Michael Tenny, 2407 Hillview, Krum, 76249-opposed
Jan Moran, 1206 Ridgecrest, Denton, 76209-opposed
William Vogel, 211 Second, Denton, 76201-opposed
Bernie Saffron, 3306 Darby, Denton, 76207-opposed
Ray Twehous, 607 Magnolia, Denton, 76201-opposed
Jane and Richard Leavitt, 1223 Cedar Pine Lane, Oak Point,
76208-opposed
The Mayor closed the public hearing.
Burroughs motioned, Phillips seconded to deny the application with the zoning to remain at NR-
3. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg', Redmon
'~g', and Mayor Brock"ayg'. Motion carried unanimously.
32. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 46 acres of land from an Agriculture (A) zoning district to a Neighborhood
Residential 4 (NR-4) zoning district. The site was generally located on the south side of Blagg
Road, approximately 1000' west of Lakeview Boulevard. The rezoning was required to bring
property into compliance with the Development Code zoning classifications. The Planning and
Zoning Commission recommended approval of Neighborhood Residential 3 (NR-3) (4-1-1).
(zo 2-oo o)
City of Denton City Council Minutes
July 16, 2002
Page 10
Doug Powell, Director of Planning and Development, stated that this property was in the process
of being annexed into the city during the Development Code process. A supermajority vote by
Council would be required as there was 20% opposition by adjoining property owners.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Eric Jansen, 418 Fox Creek Court, Denton, 76201-favor
Robert Heidler, 3209 Deerfield, Denton, 76208-favor
Lynn Thames, 5533 Blagg Road, Denton, 76208 - opposed
Juli and James Mohan, 3991 Blagg Road, Denton, 76208 - opposed
Barbara and Mike Giles, 5555 Blagg Road, Denton, 76208 - opposed
Wallace Baty, 3387 Blagg Road, Denton, 76208- opposed
Rebuttal by Jansen
The Mayor closed the public hearing.
Burroughs motioned, McNeill seconded to adopt NR-3 zoning. On roll vote, Burroughs "ayg',
Fulton "na~', McNeill "ayg', Montgomery "ayg', Phillips "na~', Redmon "na~', and Mayor Brock "ayg'.
Motion failed with a 4-3 vote as a supermajority vote was required.
Phillips motioned, Fulton seconded to adopt NR-4 zoning. On roll vote, Burroughs"na~', Fulton
'~g', McNeill "ayg', Montgomery"na~', Phillips "ayg', Redmon"ayg', and Mayor Brock"na~'. Motion
failed with a 4-3 vote as a supermajority vote was required.
33. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 1.1 acres of land from the Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The site was generally
located west of Hinkle Drive, between Haggard Lane and Greenbriar Street commonly known as
2309 Hinkle Drive. The Planning and Zoning Commission recommended denial (6-0). (Z02-
0028)
Doug Powell, Director of Planning and Development, presented the details of the proposal. A
supermajority vote of the Council was required as the Planning and Zoning Commission had
recommended denial.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Phillips motioned, Fulton seconded to adopt NRMU-12 zoning. On roll vote, Burroughs"na~',
Fulton "aye', McNeill "aye', Montgomery "aye', Phillips "aye', Redmon "aye', and Mayor Brock "na~'.
Motion failed with a 5-2 vote as a supermajority vote was required.
City of Denton City Council Minutes
July 16, 2002
Page 11
ITEMS FOR INDIVIDUAL CONSIDERATION
34. The Council considered approval of a resolution nominating a member to the Board of
Directors of the Denton Central Appraisal District; and declaring an effective date.
McNeill nominated Charles Stafford. On roll vote, Burroughs "ayg', Fulton "ayg', McNeill "ayg',
Montgomery"aye', Phillips"aye', Redmon"ay~', and Mayor Brock"aye'. Motion carried unanimously.
Mayor Brock left the meeting with a conflict of interest.
35. The Council considered approval of a resolution of the City of Denton, Texas,
authorizing intervention at the Railroad Commission of Texas in the TXU Lone Star Pipeline
request to establish rates, GUD Docket No. 9304; authorizing the hiring of attorneys and
consultants; requiring reimbursement of rate case expenses incurred by the City; finding that the
meeting complied with the Open Meetings Act; making other findings and provisions related to
the subject; and declaring an effective date.
The following resolution was considered:
NO. R2002-029
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING
INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS IN THE TXU
LONE STAR PIPEL1NE REQUEST TO ESTABLISH RATES, GUD DOCKET NO.
9304; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS;
REQUIRING REIMBURSEMENT OF RATE CASE EXPENSES INCURRED BY THE
CITY; F1ND1NG THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS
ACT; MAKING OTHER F1ND1NGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
McNeill motioned, Montgomery seconded to approve the resolution. On roll vote, Burroughs
'~g', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ayg', and Redmon"ayg'. Motion carried
unanimously.
36. New Business
The following items of New Business were suggested by Council for future agendas:
Council Member Fulton requested information on the feasibility of a recreation
center in NE Denton.
Council Member Fulton suggested changing the name of North Elm Street from
I35 to the Windsor intersection to Martin Luther King, Jr. Blvd.
Mayor Pro Tem Burroughs suggested looking into the possibility of the city
paying for voluntary downzoning.
City of Denton City Council Minutes
July 16, 2002
Page 12
37.
Council Member McNeill requested a work session to discuss incentives to
develop the downtown area.
Council Member Phillips stated that based on findings from the Legal
Department, he was withdrawing his request form reconsideration of the limited
SUP on Stanley Street.
Council Member Redmon requested a clarification on the EOC report.
Mayor Brock requested
electronic system.
Items from the City Manager
a work session on how to put requests into the new
City Manager Conduff did not have any items for Council.
38. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
39. 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 9:47 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS