Minutes November 05, 2002CITY OF DENTON CITY COUNCIL M1NUTES
November 5, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, November 5, 2002 at 4:30 p.m. in the Council Work Session Room.
PRESENT:
Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery,
Phillips, and Redmon.
AB SENT: Mayor Brock
1. The Council held a joint City Council/Planning & Zoning Commission work session and
received a report and held a discussion regarding the draft Downtown Master Plan.
John Fregonese, Fregonese Calthorpe Associates, presented details regarding the Denton
Downtown Master Plan. He stated that the downtown study area included about 440 acres with
1,000 buildings that contained a wide variety of uses. Topics studied included parking both
current and future needs; economics and growth; reinvestment analysis; opportunity sites for
redevelopment; breakdown of the area into districts; analysis of a successful downtown;
transportation plan; and key findings. Implementation included adopting the Plan as an official
guide; adopting a street map as an official plan; developing special design guidelines for the core
area; developing and adopting sidewalk use policies; implementing tax increment investment
zones; and making the downtown area an economic development project.
Council discussed the pros and cons of the Plan. Suggestions from Council and the Planning and
Zoning Commission included a priority of strategies; an identification of possible uses for an
initial investment of city funds; goals from city initiatives versus goals from outside sources;
how to best direct people to the downtown area; and starting with a performing arts/conference
center to attract business to the area.
Council Member McNeill suggested that the Planning and Zoning Commission continue to study
the issue and present a recommendation to the Council.
The Planning and Zoning Commission adjourned its portion of the meeting.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the City Council regular meeting of November 5, 2002.
Regular Meeting of the City Council on Tuesday, November 5, 2002 at 6:30 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Mayor Pro Tem Burroughs presented a proclamation for National Nurse
Practitioner Week.
City of Denton City Council Minutes
November 5, 2002
Page 2
The following awards were presented: TML Municipal Excellence Awards; Texas Planning
Association Award.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Ross Melton regarding Code Enforcement, Municipal Court, trash
ordinance, and the Council.
Mr. Melton stated that his lawsuit against the city had been dismissed in Municipal Court and
should be an embarrassment to the City.
Dessie Goodson regarding the City of Denton's public transportation and
the Denton Housing Authority.
Ms. Goodson was not present at the meeting.
Bob Clifton regarding residency requirements for City Council members
and outrageous salaries over $60,000 and benefits for employees.
Mr. Clifton was not present at the meeting.
4. CONSENT AGENDA
McNeill motioned, Fulton seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
A. Approved the minutes of October 8, 2002.
2002-350 - An ordinance authorizing the City Manager or his designee to execute
a Pipeline Crossing Agreement with Union Pacific Railroad Company for a
pipeline crossing located at Mile Post 723.10, Choctaw Subdivision, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date.
2002-351 - An ordinance authorizing the City Manager or his designee to execute
an Interlocal Agreement with Texas Woman's University to enable an exchange
of easements and services to accommodate utility relocations and easements in
conjunction with the widening of US 380; and declaring an effective date.
2002-352 An ordinance amending Chapter 18, Article VIII "SCHOOL
SAFETY SPEED ZONES" Section 18-210 (E.1.) of the Code of Ordinance
concerning the removal of the entire portion which concerns the Immaculate
Conception Catholic school zone, being both directions of Bolivar Street from its
intersection with Second Street to its intersection with Third Street. The Traffic
Safety Commission recommended approval of this item (7-0).
City of Denton City Council Minutes
November 5, 2002
Page 3
2002-352 An ordinance amending Chapter 18, Article VIII "SCHOOL
SAFETY SPEED ZONES" Section 18-210 (A.9.) of the Code of Ordinance
concerning the removal of the entire portion which concerns the Sullivan Keller
Elementary school zones, being: Both directions of Wood Street beginning 230
feet south of where Wood Street intersects the center line of Davis Street to 300
feet north of where Wood Street intersects the center line of Davis Street; Both
directions of Ruddell Street beginning 230 feet south of where Ruddell Street
intersects the center line of Davis Street to 300 feet north of where Ruddell Street
intersects the center line of Davis Street; both directions of Davis Street from its
intersection with Wood Street to the intersection of Ruddell Street and Davis
Street. The Traffic Safety Commission recommended approval of this item (7-0).
2002-353 - An ordinance of the City of Denton, Texas approving a real estate
contract between the City of Denton and E. J. Dane, relating to the purchase of an
approximate 0.2383 acre tract or parcel of land, being part of Lot 4, Block A,
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.
2002-354 - 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, 0.959 acre
and 0.028 acre, respectively, all of which are located in Stephen A. Venter
Survey, Abstract Number 1315 in the City of Denton, Denton County Texas and
being part of a tract of land conveyed to Gary Jay Madrigal by Quitclaim Deed
recorded in Volume 4155, Page 1044, 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.
2002-355 - An ordinance authorizing the execution of a change order to the
contract for annual maintenance of the City of Denton phone system; providing
for the addition of a sixth year of service; providing for the expenditure of funds
therefore; and providing an effective date (File 2902 - Verizon Southwest in the
amount of $40,000.08).
2002-356 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (HGAC) for the acquisition of two 40 yard front load
refuse truck bodies by way of an Interlocal Agreement with the City of Denton;
and providing an effective date (File 2911 - HGAC - Two 40 Yard Front Load
Refuse Truck Bodies in the amount of $152,888).
City of Denton City Council Minutes
November 5, 2002
Page 4
2002-357 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of parking lot improvements to Evers Park;
providing for the expenditure of funds therefore; and providing an effective date
(Bid 2900 - Evers Park Parking Lot Improvement Project Phase IV awarded to
Jones and Jeffery Construction Co., Inc. in the amount of $718,529).
2002- 358 - An ordinance authorizing the City Manager or his designee to execute
a Professional Services Agreement with ETTL Engineering and Consulting, Inc.
for hydro geological consulting and ground water monitoring services at the
Denton Municipal Landfill as set forth in the contract; providing for the
expenditure of funds therefore; and providing an effective date (File 2910 to
ETTL Engineering and Consulting, Inc. in an amount not to exceed $40,940.48).
2002-359 - An ordinance of the City of Denton authorizing the City Manager to
execute a Professional Services Agreement with Camp Dresser & McKee, Inc. for
professional engineering services related to the design of the Clear Creek Water
Reclamation Plant project; authorizing the expenditure of funds therefore; and
providing an effective date (RFP 2897 - Design of Clear Creek Water
Reclamation Plant awarded to Camp Dresser & McKee, Inc. in an amount not to
exceed $499,347).
2002-360 - An ordinance of the City of Denton authorizing the City Manager to
execute a Professional Services Agreement with Freese and Nichols, Inc. for
professional engineering services related to the City of Denton Clear Creek
Interceptor and Water Reuse Line project; authorizing the expenditure of funds
therefor; and providing an effective date (RFP 2898 - Clear Creek WRP
Interceptor and Reuse Lines awarded to Freese and Nichols, Inc. in an amount not
to exceed $431,120).
2002-361 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to professional services agreement with
RJN Group, Inc. for professional engineering services respecting the final design
services related to infiltration/inflow corrections for the Eastern Pecan Creek and
Hickory Creek Basins; authorizing the expenditure of funds therefore; and
providing an effective date (File 2913 - RJN Group Inc. in an amount not to
exceed $375,680).
2002-362 - An ordinance awarding a contract for the purchase of software
upgrades and services to enhance the existing LaserFiche Document Imaging
Application and Enhancement Services currently being used by the City of
Denton from VP Imaging as awarded by the State of Texas Building and
Procurement Commission (formerly known as the General Services Commission)
through the Qualified Information Services Vendor (QISV) Catalogue Program;
providing for the expenditure of funds therefore; and providing an effective date
(File 2909 - VP Imaging in an amount not to exceed $177,823).
City of Denton City Council Minutes
November 5, 2002
Page 5
2002-363 - An ordinance awarding a contract for the purchase of fiber optic cable,
patch panels and cable assemblies as awarded by the State of Texas Building and
Procurement Commission (formerly known as State of Texas General Services
Commission); providing for the expenditure of funds therefore; and providing an
effective date (PO 107601 to FMS Technologies, Inc. in the amount of
$30,021.15).
2002-364 An ordinance authorizing the Mayor to execute an Interlocal
Agreement between the City of Denton and the University of North Texas to
provide for the purchase and restoration of buses to provide express passenger
service for UNT students, staff and faculty; and providing for an effective date.
R. Approved tax refunds for the following property taxes:
Name Reason Tax Amount
Year
~e~ ~ g~ge fo ~erbey ~P~i ate P~'>'~ent ~ 5
2. Texas Title for Terry & Susan Wilson Duplicate Payment 2001 538.78
3 Neo~eo~o ation ne~s P~ent g00I ~ i 9~6 ~
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 80 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The five tracts were generally located on Brush Creek
Road west of the intersection of Brush Creek Road and Country Club. No development was
proposed at this time. The Planning and Zoning Commission recommended approval (4-3).
(Z02-0036)
Doug Powell, Director of Planning and Development, stated that the first 5 items in the Public
Hearing section were related. He reviewed the Planning and Zoning Commission's discussion
on the five tracts and the zoning history of the tracts.
Council Member McNeill stated that there was a supermajority requirement for the first five
public hearings and only six council members were present. He suggested opening the public
hearings, taking comments from those present and then continue the public hearings until the
next regular meeting, assuming there would be a full council at the next regular meeting.
The Mayor Pro Tem opened the public hearings for the first five public hearings listed A-E.
The following individuals spoke during the public hearings for Items A-E:
Larry McGehee, 2001 Christina Court, Denton - favor of A-E
Michael Gielink, 1240 Brush Creek Road, Argyle, 76226 - favor of A, B, D, E
Carol Haesle, 4701 Upper Glenwick Court, Argyle, 76226 - favor A-E
Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - favor A-E
Gina and Dick Shanhouse, 8001 Woodcreek Circle, Argyle, 76226 - favor A-E
City of Denton City Council Minutes
November 5, 2002
Page 6
Hugh Pruett, 4024 Pruett, Argyle, 76226 - opposed to E
Sharon Cox, 8008 Woodcreek, Argyle, 76226 - favor A-E
Tim House, Double Oak - favor of E, against B
Lona Wolfe, 4801 Argyle Lane, Argyle, 76226 -favor
McNeill motioned, Redmon seconded to postpone and continue the public hearings for Items A-
E until the November 19, 2002 Council meeting. On roll vote, Burroughs "aye", Fulton "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 6.8 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The five tracts were generally located on Woodcreek
Circle, south of Brush Creek and east of Fort Worth Drive. No development was proposed at
this time. The Planning and Zoning Commission recommended approval (6-0). (Z02-0037)
Comments for the public hearing for this item were received as noted under 5A. This item was
postponed with a continued public hearing until November 19, 2002.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 9.6 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The two tracts were generally located on Fort Worth Drive,
north of Hamilton. No development was proposed at this time. The Planning and Zoning
Commission recommended denial (5-2). (Z02-0038)
Comments for the public hearing for this item were received as noted under 5A. This item was
postponed with a continued public hearing until November 19, 2002.
D. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 21 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The three tracts were generally located on Fort Worth
Drive south of Hamilton Road and north of Brush Creek. No development was proposed at this
time. The Planning and Zoning Commission recommended approval (6-1). (Z02-0039)
Comments for the public hearing for this item were received as noted under 5A. This item was
postponed with a continued public hearing until November 19, 2002.
E. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 43.7 acres from a Neighborhood Residential 4 (NR-4) to a
Neighborhood Residential 2 (NR-2) zoning district. The nine tracts were generally located on
Fort Worth Drive south of Brush Creek. No development was proposed at this time. The
Planning and Zoning Commission recommended approval (5-2). (Z02-0040)
Comments for the public hearing for this item were received as noted under 5A. This item was
postponed with a continued public hearing until November 19, 2002.
City of Denton City Council Minutes
November 5, 2002
Page 7
F. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 2.8 acres of land from Neighborhood Residential 3 (NR-3) and
Neighborhood Residential 4 (NR-4) zoning districts to Neighborhood Residential Mixed Use
(NRMU) zoning district. The property was generally located north of McKinney Avenue, west
of Joshua Street. A professional office building was proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z02-0034)
Doug Powell, Director of Planning and Development, presented the details of the proposal. The
Planning and Zoning Commission had recommended approval. A neighborhood meeting had
been held with details of the meeting included in backup materials.
The Mayor Pro Tem opened the public hearing.
The following individuals spoke during the public hearing:
Vicki Oppenheim and Lee Allison, representing the petitioner - favor
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-365
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 2.82 ACRES OF LAND IN THE CITY OF DENTON FROM
NEIGHBORHOOD RESIDENTIAL 3 (NR-3) AND NEIGHBORHOOD
RESIDENTIAL 4 (NR-4) ZONING DISTRICTS TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU); SAID REAL PROPERTY BEING
GENERALLY LOCATED ALONG THE WEST OF BELLAIRE ON MCKINNEY
AVENUE, EAST OF MACK, WEST OF JOSHUA DRIVE; PROVIDING A PENALTY
CLAUSE WITH A MAXIMUM F1NE OF $2000.00 PER DAY FOR A VIOLATION
OF THIS ORDINANCE; A SEVERAmLITY CLAUSE; AND AN EFFECTIVE DATE.
(Z02-0034)
McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye".
Motion carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 23.2 acres of land from Neighborhood Residential 3 (NR-3) to
Neighborhood Residential 4 (NR-4) zoning district. The property was generally located north of
McKinney Avenue, west of Joshua Street. A single-family subdivision was proposed. The
Planning and Zoning Commission recommended approval (7-0). (Z02-0035)
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
City of Denton City Council Minutes
November 5, 2002
Page 8
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-366
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 22.55 ACRES OF LAND IN THE CITY OF DENTON FROM
NEIGHBORHOOD RESIDENTIAL 3 (NR-3) TO NEIGHBORHOOD RESIDENTIAL
4 (NR-4) ZONING DISTRICT; SAID REAL PROPERTY BEING GENERALLY
LOCATED ALONG THE WEST OF BELLAIRE ON MCKINNEY AVENUE, EAST
OF MACK, WEST OF JOSHUA DRIVE; PROVIDING A PENALTY CLAUSE WITH
A MAXIMUM F1NE OF $2000.00 PER DAY FOR A VIOLATION OF THIS
ORDINANCE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z02-
0035)
Redmon motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye".
Motion carried unanimously.
H. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 4 acres from a Regional Center Residential 1 (RCR-1) zoning district to
a Regional Center Commercial Downtown (RCC-D) zoning district. The property, commonly
known as 4405 Pockrus Page Road, was generally located north of Pockrus Page Road
approximately 1100 feet east from Interstate 35E Service Road and Pockrus Page Road
intersection. No development was proposed. The Planning and Zoning Commission
recommended approval (7-0). (Z02-0044)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-367
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL
CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 4 ACRES
OF LAND COMMONLY KNOWN AS 4405 POCKRUS PAGE ROAD AND
GENERALLY LOCATED ALONG THE NORTH SIDE OF POCKRUS PAGE 1100
FEET EAST FROM INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS
City of Denton City Council Minutes
November 5, 2002
Page 9
PAGE ROAD INTERSECTION AND LEGALLY DESCRIBED AS TRACT 161 OF
THE B. WALKER SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0044)
Phillips motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion
carried unanimously.
I. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 0.19 acres from a Downtown Residential 1 (DR-l) to a Downtown
Residential 2 (DR-2) zoning district. The site was generally located at 1115 Eagle Drive to the
east of Avenue A. Multi-family residential was proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z02-0041)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor Pro Tem opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, Mitchell Planning Group - favor
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-368
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN
RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 0.19 ACRE OF LAND LOCATED AT 1115
EAGLE DRIVE, LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 2, OF
THE WATTAM ADDITION IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z02-0041)
McNeill motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion
carried unanimously.
J. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 1.2 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 3 (NR-3) zoning district. The site was generally located at the southwest corner of
City of Denton City Council Minutes
November 5, 2002
Page 10
the intersection of Farris Road and Silverdome Road. Three single-family lots were proposed.
The Planning and Zoning Commission recommended approval (7-0). (Z02-0046)
Doug Powell, Director of Planning and Development, presented the details of the proposal. The
proposal would comply with the surrounding development pattern.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-369
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 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 1.4 ACRES OF LAND LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF FARRIS ROAD AND
SILVERDOME, BEING DESCRIBED AS TRACT 12 IN THE JAMES P. COLTART
SURVEY, ABSTRACT 288, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z02-0046)
Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton
"aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
K. The Council held a public hearing and considered adoption of an ordinance
regarding the expansion of a Special Exemption for 1.75 acres, commonly known as the Service
Center Expansion. The property was located at the northwest corner of Ruddell and Willis
Streets. A material storage yard was proposed. The property was zoned Neighborhood
Residential Mixed Use 12 (NRMU-12). The Planning and Zoning Commission recommended
approval (7-0). (Z02-0043)
Council Member Fulton left the meeting with a conflict of interest.
Doug Powell, Director of Planning and Development, stated that this was an expansion of a
special exception for the City's Service Center. A supermajority vote of council was required as
there was more than 20% opposition by the adjoining property owners.
The Mayor Pro Tem opened the public hearing.
City of Denton City Council Minutes
November 5, 2002
Page 11
The following individual spoke during the public hearing:
Edwin Fulton, 729 Greenwood, Denton, 76202 - opposed
The Mayor Pro Tem closed the public hearing.
Phillips motioned, Redmon seconded to postpone the item and continue the public hearing to the
next regular meeting (November 19, 2002) to allow staff additional time for discussions with the
adjoining property owner. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye",
Phillips "aye", and Redmon "aye". Motion carried unanimously.
Council Member Fulton returned to the meeting.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
The following resolution was considered:
NO. R2002-052
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Montgomery motioned, McNeill seconded to re-nominate the three individuals from Denton
whose terms were expiring this year. Those individuals were John Solberg, W. Garland
Thornton, Jr., and Robbie Gober. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
B. New Business
There were no items of New Business suggested by Council for future agendas.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
D. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
E. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
City of Demon City Council Minutes
November 5, 2002
Page 12
With no further business, the meeting was adjourned at 8:15 p.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS