Minutes February 18, 2003CITY OF DENTON CITY COUNCIL M1NUTES
February 18, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 18, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill,
Montgomery, Phillips, and Redmon.
ABSENT: None.
1. The Council received a report, held a discussion, and gave staff direction regarding the
annual audit.
Anna Mosqueda, Director of Management and Budget, stated that the annual audit for the year
ended September 30, 2002 had been completed, and introduced Terry Kyle with Deloitte and
Touche. Kyle presented the Comprehensive Annual Financial Report, Report to Management, and
Single Audit Reports. He stated that the Audit Committee had unanimously approved these reports.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the regular meeting of February 18, 2003.
Following the completion of the Work Session, the Council convened in a Closed Meeting.
1. The Council considered the following in Closed Meeting:
A. Personnel Matters -Under TEXAS GOVERNMENT CODE Section 551.074.
Evaluation of Municipal Judge
Evaluation of City Attorney
Evaluation of City Manager
Regular Meeting of the City of Denton City Council on Tuesday, February 18, 2003 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.
2. PROCLAMATIONS/PRESENTATIONS
Mayor Brock Mayor presented the following proclamations:
FFA Week
Severe Weather Awareness Week
Surveyor' s Week
The February Yard-of-the-Month Awards were presented to:
Ron and Elaine Fannin
Michael Powers
Woodie and Shirley Newell
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February 18, 2003
Page 2
Don Gray
The Martin Family
John and Sherry Hardin
Bob and Joyce Cory
C. City Manager Conduff presented recognition of staff accomplishments.
3. CITIZEN REPORTS
A. Receive citizen reports from the following:
1. Stacey Mitchel: a low cost pet sterilization and vaccination program.
Ms. Mitchel briefed the Council on a low cost pet sterilization and vaccination program they had
started in Denton.
2. Willie Hudspeth: minority hiring and concerns for southeast Denton.
Mr. Hudspeth spoke about minority hiring in Denton. He stated that he would feel better if the
Council had more say in hiring. He stated that the City had never had an African American
firefighter. He also voiced concerns about smoking at the east entrance of City Hall.
Street.
Nell Yeldell: cement batch plant and noise it generates; and the history of Prairie
Ms. Yeldell was not present at the meeting.
4. CONSENT AGENDA
Redmon motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried
unanimously.
2003-047 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with
R. J. Covington Consulting, LLC for consulting services relating to Task Order
No. 03-C, regarding additional professional services relating to the Denton
Municipal Electric Transmission Cost of Service Filing and Hearing with the
Public Utilities Commission of Texas; authorizing the expenditure of funds
therefor; and providing an effective date.
2003-048 - An ordinance of the City of Denton, Texas, authorizing the Mayor, or
in the Mayor's absence, the Mayor Pro Tem, to execute an extension to an
Interlocal Cooperation Agreement between the City of Denton, Texas and the
Denton Independent School District regarding the lease of excess dark fiber optic
capacity from the City to the Denton Independent School District in connection
with the implementation of the Denton Independent School District wide area
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February 18, 2003
Page 3
network; authorizing the expenditure of funds therefore; providing for retroactive
ratification, approval and confirmation thereof.
2003-049 - An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager or his designee to execute a one-year extension to
the Depository Services Contract with Texas Bank; and providing an effective
date.
2003-050 - An ordinance directing the publication of Notice of Intention to issue
Certificates of Obligation of the City of Denton; and providing for an effective
date.
2003-051 - An ordinance directing the issuance and publication of Notice of Sale
of City of Denton General Obligation Bonds; and providing for an effective date.
2003-052 - An ordinance accepting competitive bids and awarding a public
works contract for the construction of a metal storage building at the Denton
Municipal Electric yard; providing for the expenditure of funds therefore; and
providing an effective date (Bid 2947 - Metal Storage Building at DME Yard
awarded to Jones and Jeffery Construction Co., Inc. in the amount of $131,638).
2003-053 - An ordinance awarding a contract for the purchase of LED traffic
signal lights and pedestrian countdown lights as awarded by the State of Texas
Building and Procurement Commission through the Qualified Information Service
Vendor (QISV) Catalogue Program; providing for the expenditure of funds
therefore; and providing an effective date (File 2973 to Amtech Lighting Services
in the amount of $343,500 for a five year period).
2003-054 - An ordinance accepting competitive bids and awarding a contract for
the purchase of fleet vehicles; providing for the expenditure of funds therefore;
and providing an effective date (Bid 2935 - Fleet Vehicles 2003 awarded to the
lowest responsible bidder for each item in the amount of $159,879.25).
2003-055 - An ordinance accepting competitive bids and awarding a contract for
the purchase of tree trimming services for the Denton Municipal Electric
Division; providing for the expenditure of funds therefore; and providing an
effective date (Bid 2945 - Tree Trimming for DME awarded to Asplundh Tree
Expert Co. in the estimated amount of $138,000).
2003-056 - An ordinance accepting competitive bids and awarding a contract for
the purchase of outgoing U.S. Mail services for the City of Denton; providing for
the expenditure of funds therefore; and providing an effective date (Bid 2948 -
Mailing Service awarded to Unlimited International Mailing, Inc. in the estimated
amount of $33,000).
2003-057 - An ordinance accepting competitive bids and awarding a contract for
the purchase of a track type tractor/dozer; providing for the expenditure of funds
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February 18, 2003
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therefore; and providing an effective date (Bid 2952 - Track Type Tractor/Dozer
awarded to Holt CAT in the amount of $515,043).
An exaction variance of Section 35.19.6(c)1 of the Code of Ordinances
concerning drainage, specifically underground storm sewer requirements. The
17.94-acre parcel is located on the south side of Audra Lane between Nottingham
Drive and Mockingbird Lane. The property is located in a Neighborhood
Residential 2 (NR-2) zoning district. A single-family residence is proposed. The
Planning & Zoning Commission recommends approval of the variance with
conditions 6-0. (V02-0031, Audra Oaks)
2003-058 - An ordinance of the City Council of the City of Denton, Texas calling
a Public Hearing of the Denton City Council on Land Use Assumptions, a Capital
Improvements Plan, and Proposed Amendment to Impact Fees related to the
possible adoption of Amended Water and Wastewater Impact Fees in accordance
with Chapter 395 of the Texas Local Government Code; requiring the City
Secretary to post notice of the public hearing and to provide additional notice of
the public hearing as set forth in the body of this ordinance; and providing an
effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance approving a
Specific Use Permit to allow outdoor recreation use on approximately 84 acres located in a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property was located
north of Edwards Road, east of 1-35. A nine-hole golf course and 480 multi-family apartment
units were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02-
0060, The Timbers at Denton)
Larry Reichhart, Assistant Director of Planning and Development, stated that in the NRMU-12
zoning district a Specific Use Permit was required for any outdoor recreational use. Staff had
received two responses from property owners within 200 feet of the site, one neutral and one in
opposition. Current opposition was less than 20%.
Reichhart stated that P&Z had recommended approval 6-0 with two conditions. The revised site
plan submitted to P&Z does not change in regard to prohibiting apartments on the eastern portion
of the site. Water Utilities was to reach an agreement with the applicant concerning the ESA
issues and the golf course maintenance.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Kim Fugitt, with the Lindsey Company, spoke in support of the proposed community.
Ronald Linam, 2108 Malone, spoke in support.
Tiffany Haertling, 150 Canyon Oak, Argyle, spoke in opposition. She stated that her
client, Wade Willis, requested that no more than 30% of the upland habitat be removed
and that an entrance to the west of the overall development be required.
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February 18, 2003
Page 5
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
SPECIFIC USE PERMIT IN A NEIGHBORHOOD RESIDENTIAL MIXED USE 12
(NRMU- 12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
THE PURPOSE OF ALLOWING OUTDOOR RECREATION, BEING A NINE-HOLE
GOLF COURSE ON AN APPROXIMATE 84 ACRE SITE LOCATED NORTH OF
EDWARDS ROAD, EAST OF 1-35 WITHIN THE GIDEON WALKER SURVEY, IN
THE CITY OF DENTON, 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. (Z02-0060)
Fulton motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance approving an
Alternative Development Plan for approximately 84 acres located in a Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district. The property was located north of Edwards Road,
east of I-35. A nine-hole golf course and 480 multi-family apartment units were proposed. The
Planning and Zoning Commission recommended approval 7-0. (SP02-0009, The Timbers at
Denton)
Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant was
requesting the Alternative Development Plan to allow a nine-hole golf course, clubhouse, and
480 multi-family residential units. The proposed Alternative Development Plan, as submitted,
was not compatible with The Denton Plan and surrounding land uses. He stated that staff had
received two responses from property owners within 200 feet of the subject site, one in
opposition and one neutral. Current opposition was less than 20%.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Ken Fugitt, with the Lindsey Company, spoke in support of the project.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-060
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL
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February 18, 2003
Page 6
MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR THE PURPOSE OF ALLOWING ALTERNATIVE PARKING
LOCATIONS, ORIENTATION, AND FACADE DESIGN FOR AN
APPROXIMATELY 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD
EAST OF 1-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF
DENTON, 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. (SP02-0009)
Burroughs motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance creating a
Special Sign District for a 6.71-acre site, commonly known as the Southern Hills Plaza
development. The property was generally located at the southwest corner of Brinker Road and
Colorado Boulevard with street frontage on I35E South. The purpose of the Special Sign District
was to allow signage to deviate from the requirements of Subchapter 15 of the Development
Code, formerly Chapter 33 of the Code of Ordinances, the Sign Ordinance. The Planning and
Zoning Commission recommended approval 5-2. (SD02-0003, Southern Hills Plaza)
Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant's
proposal would decrease the overall number of proposed signs along Brinker Road but was
proposing an area and height increase of all permitted signs. He was requesting one pole sign 40
feet tall and 432 square feet in size, and 2 monument signs 10 feet tall and 40 square feet in size.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Donald Silverman, 14900 Landmark Boulevard, Dallas - spoke in support.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-061
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIAL
SIGN DISTICT PLAN WITHIN A REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD ZONING DISTRICT ON AN APPROXIMATE 6.7 ACRES OF
LAND LOCATED AT THE SOUTHWEST CORNER OF COLORADO BOULEVARD
AND BRINKER ROAD BETWEEN INTERSTATE 35E SERVICE ROAD AND
COLORADO BOULEVARD IN THE CITY OF DENTON, TEXAS; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD02-0003)
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February 18, 2003
Page 7
McNeill motioned, Fulton seconded to approve the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance amending the
Detailed Plan for Planned Development 170, 172 and 176 (PD-170, 172 and 176). The
approximately 253 acres of land, commonly known as The Wheeler Ridge Addition, was located
south of Nowlin and Robinson Roads on the east side of FM 2181 (Teasley Lane) generally
opposite Hickory Creek Road. The amendment would alter the number of lots and increase the
open space for this property. Single-Family residential subdivision and open space parkland
were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02-0061,
Wheeler Ridge)
Larry Reichhart, Assistant Director of Planning and Development, stated staff had not received
any responses from property owners within 200 feet of the site.
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. 2003-062
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCES
NO. 99-257.99-367, 99-405, AND 2000-216 TO PROVIDE FOR A DETAILED PLAN
FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED
DEVELOPMENTS 170, 172 AND 176; THE SUBJECT PROPERTY BEING
GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND
HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE (Z02-0061).
Burroughs motioned, Montgomery seconded to approve the ordinance. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance rezoning 36.6
acres of land from Planned Development 191 (PD-191) zoning district to Neighborhood
Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4),
and Neighborhood Residential 6 (NR-6) zoning districts. The property was generally located
north and south of Audra, west of Mayhill Road, and east of Loop 288. A single-family
subdivision and open space were proposed. The Planning and Zoning Commission
recommended approval 6-0. (Z02-00062, Prominence Square)
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February 18, 2003
Page 8
Larry Reichhart, Assistant Director of Planning and Development, stated that staff had received
four responses from property owners within 200 feet of the site, two responses in favor, two
responses were neutral, and no responses were opposed to the request.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Allen Bussell, 1668 Amanda Court, Ponder, spoke in support.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-063
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 35.30 ACRES OF LAND FROM PLANNED DEVELOPMENT
191 (PD-191) ZONING DISTRICT TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2),
NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4
(NR-4) AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6); SAID REAL PROPERTY
BEING LOCATED IN THE CITY OF DENTON IN THE W. LLOYD SURVEY AND
THE M.E.P. & P.R.R. SURVEY AND BEING BETWEEN MAYHILL ROAD AND
LOOP 288 SOUTH OF BLAGG ROAD, 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-
0062)
Burroughs motioned, Fulton seconded to approve the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance for a specific
use permit for a gas well site on approximately 62.6 acres of land. The site was in a
Neighborhood Residential 6 (NR-6) zoning district. The subject property was located south of
Mission, north of Hobson Lane and east of U.S. 377 (Fort Worth Drive). One gas well was
proposed. The Planning and Zoning Commission recommended approval 6-0. (Z03-0001,
Ragle Unit No. 1/Gas Well)
Larry Reichhart, Assistant Director of Planning and Development, stated that staff had received
the following responses from property owners within 200 feet of the site - four responses in
favor and three responses opposed to the request.
Reichhart advised the Council that the proposed ordinance contained the following conditions:
24 hour notice would be provided to residents within 500 feet of the well site prior to beginning
any drilling. Fracing operations were restricted to daylight hours only. Gas well development
would be conducted in accordance with the Site Plan and approved Development Plat and should
comply with the requirements of Subchapter 22 of the Development Code.
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February 18, 2003
Page 9
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Karen Mitchell, 7823 Nine Mile Bridge Road, representing R.L. Atkins, spoke in support.
Ken Seligman, 124 Miller Street, spoke in opposition.
Wayne Collier, 311 Mission, spoke in opposition.
Ralph Ragle, 1429 Hidden Oaks Circle, Corinth, spoke in opposition.
Charlotte Ragle, 1429 Hidden Oaks Circle, Corinth, spoke in opposition. She requested
the Council send the item back to P&Z because of all the issues.
The Mayor asked if the petitioner wanted to respond.
Dick Kelsey, 2225 E. McKinney, spoke in support.
The Mayor closed the public hearing.
The Council discussed adding conditions such as adding landscaping screen (trees) around the
well site and a height limitation of 16 feet on the tanks.
The following ordinance was considered:
NO. 2003-064
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON 62.6 ACRES OF LAND
LOCATED IN THE CITY OF DENTON IN THE WILLIAM DANIEL SURVEY AND
GENERALLY LOCATED SOUTH OF MISSION AVENUE, NORTH OF HOBSON
LANE AND TO THE EAST OF U.S. 377 WITHIN A NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2000.00 FOR VIOLATION THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.(Z03-0001)
Fulton motioned, Redmon seconded to approve the ordinance with the following conditions: all
structures would have a height limitation of 16 feet, and a security fence and landscape tree
screen would be installed around the well site. On roll vote, Burroughs "aye", Fulton "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council Member Redmon nominated Rob Rayner to the Public Utilities Board.
Mayor Brock nominated Sue Thomson to the Community Development Advisory Committee.
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February 18, 2003
Page 10
Council Member Redmon also mentioned that Carl Williams had moved from Denton. He was
on the Human Services Advisory Committee. Redmon nominated Willie Hudspeth.
Brock motioned, Burroughs seconded to suspend the rules and approve the nominations for
Public Utilities Board and Community Development Advisory Committee. On roll vote,
Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "aye". Motion carried unanimously.
B. New Business
The following items of New Business were suggested by Council Members for future agendas.
Council Member Redmon stated that Nell Yeldell citizen report was to address the Council
regarding the Cement plant. He wanted to know how the city enforces the noise ordinance at
night.
C. Items from the City Manager
City Manager Conduff did not have any items for Council.
D. There was no continuation of the 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.
With no further business, the meeting was adjourned at 9:20 p.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS