Minutes June 17, 2003CITY OF DENTON CITY COUNCIL MINUTES
June 17, 2003
After determining that a quorum was presem, the City Council convened in a Work Session on
Tuesday, June 17, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Montgomery, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion, and provided staff direction concerning
revisions to the City of DeNon Code of Ordinances, Chapter 24, Solid Waste.
Vance Kemler, Director of Solid Waste, presemed a draft of the solid waste code revisions. He
detailed the project team, general provisions of the code, residemial and commercial services
provided by the city, provisions for permitting service providers, recycling services offered by
the city to the residems, and guidelines for disposal services.
Council Member Redmon arrived during the discussion.
Council questions dealt with substantive changes that were being proposed, changes in
definitions, the possibility of instituting a "pay as you go" system for solid waste collection,
enforcemem issues dealing with the provisions of the changes, a listing of the changes and the
reasons for making those changes, and the appeal process for type of services.
2. The Council discussed the nomination process for the City's Boards and Commissions.
Jennifer Walters, City Secretary, presented the timeline for the nomination/appointment of
members to the various boards and commissions. She indicated that Council should provide her
with their nominations during the next several weeks for consideration at a luncheon meeting
during the week of July 14~h. The Board and Commission reception would be held on August
5th.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of June 17, 2003.
4. Council reviewed and discussed the contents of a DVD from the Texas Municipal Power
Agency ("TMPA") titled "A Vision for the Future".
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
1. Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under TEX. GOV'T. CODE Section 551.086.
Received competitive electric and commercial information from one of the
City's Texas Municipal Power Agency ("TMPA") Board Members and/or City
Staff pertaining to certain matters respecting present and future maintenance
City of Demon City Council Minutes
June 17, 2003
Page 2
issues, financial issues, operational issues, legal and compliance issues, and
other related issues and strategies concerning the City's interest in, and its
business relationship with TMPA; and discuss, deliberate, consider, and
provide such TMPA Board Member and/or Staff with direction regarding such
matters.
Bo
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 value and purchase of real property imerests of certain real
property needed for the Spencer Road Project from Loop 288 to Woodrow;
and receipt of legal advise from the City Attorney on matters in which his
professional responsibility to the City Council requires private legal
consultation pertaining to the Spencer Road Project and right-of-way
acquisition.
Regular Meeting of the City of Demon City Council on Tuesday, June 17, 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
A. Proclamations/Awards
Mayor Brock presemed the following proclamations:
Frank and Betty Barrow Week
National Aquatics Week
Parks and Recreation Week
B. June Yard-of-the-Month Awards
Mayor Brock presented the June Yard of the Month awards to:
Homer and Betty Nabors
Ron Perrett and Lorenzo Garcia
Juanita Guerrra, Christina Noriega and Olga Noriega
Bob and Debbie Billips
The Johnson Family
Marilyn and Jim Payne
Xeriscaped Yard-Denton Rehabilitation and Nursing Center
Business Yard - Nucon Steel Commercial Corporation
City of DeNon City Council Minutes
June 17, 2003
Page 3
Resolutions of Appreciation
1. The Council considered approval of a Resolution of Appreciation for Mike
Harral.
Burroughs motioned, Thomson seconded to approve the resolution. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
D. Recognition of staff accomplishments
City Manager Harrell presemed staff accomplishmems to Council.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth again stated his concern that there were no African-American firefighters. He also
expressed concern about the minority hiring practices of the City of DeNon. He asked again to
limit the smoking outside the main entrance of the building.
4. CONSENT AGENDA
Council Member McNeill requested that Item 4CC be pulled for separate consideration. Council
Member Thomson requested that Item 4J be removed for separate consideration.
Mayor Brock indicated that Item 6F would be removed from consideration.
Burroughs motioned, Momgomery seconded to approve the Consent Agenda and accompanying
ordinances with the exception of 4J and 4CC. On roll vote, Burroughs "aye", Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
Item 4J was considered.
Council Member Thomson stated that the bid for asphalt was much lower than the bid for
concrete. He felt the asphalt would be better and motioned to approve the asphalt bid for paving
rather than the concrete bid. Motion died for lack of a second.
Charles Fiedler, Director of Engineering, presented reasons for using the concrete rather than
asphalt stating that over the life of road the concrete would have less maintenance than the
asphalt.
Redmon motioned, Burroughs seconded to approve Item 4J as indicated in the agenda. On roll
vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye",
Thomson "nay" and Mayor Brock "aye". Motion carried with a 6-1 vote.
City of DeNon City Council Minutes
June 17, 2003
Page 4
Item CC was considered.
Council Member McNeill stated that he requested this item be pulled for separate consideration
as it was listed on the agenda as a denial and he waned the issue to be considered.
McNeill motioned, Burroughs seconded to approve Item CC. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
Approved a request for an exception to the Noise Ordinance for the purpose of the
Fall Into Concert Series on Sunday, September 21, 2003; Sunday, September 28,
2003; Sunday, October 5, 2003; and Sunday, October 12, 2003 at Fred Moore
Park, from 3:00 p.m. to 5:00 p.m. The requestor is specifically asking for an
exception to all for live music on Sunday.
Confirmed the re-appointment by the City Manager of Vicki Henington to the
Civil Service Commission.
2003-170 - An ordinance accepting competitive bids and awarding an annual
coNract for the purchase of 3 Phase Single and Double Tap Primary Fused
Enclosures; providing for the expenditure of funds therefor; and providing an
effective date (Bid 2989 - Annual Price AgreemeN for 3 Phase Primary Fused
Enclosures awarded to Wesco Distribution in the estimated amouN of $105,543).
2003-171 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Pre-Cast Concrete Octagonal Manholes; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3025 -
Annual Price Agreement for Pre-Cast Concrete Octagonal Manholes awarded to
New Basis in the estimated amouN of $54,000).
2003-172 - An ordinance authorizing the City Manager or his designee to execute
change order 2 to the contract between the City of Denton and Archer Western
Contractors, Ltd.; providing for the expenditure of funds therefor; and providing
an effective date (Bid 2734 - Pecan Creek Water Reclamation Plan Expansion
Change Order 2 awarded to Archer Western Contractor, Ltd. in the amount of
$87,375.25).
2003-173 An ordinance providing for the expenditure of funds for the
emergency purchase of contract work and equipment to repair storm damage to
DME equipment located on Bonnie Brae Street in accordance with provisions of
State Law exempting such purchases from requirements of competitive bidding;
and providing an effective date (File 3041 - Emergency Purchase for Repair of
DME Facilities awarded to South Win Construction Inc. in the amount of
$87,357.31).
2003-174 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Malone Street improvements; providing for the
expenditure of funds therefor; and providing an effective date (Bid 2925 - Urban
City of DeNon City Council Minutes
June 17, 2003
Page 5
Street Program-Malone Street CSJ0918-46-106 awarded to Jagoe-Public
Company in the amoum of $445,152.90).
Ho
2003-175 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the parking lot improvements for Mack Park,
Denia Recreation Center and Senior Center; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3015 - Mack Park, Denia
Recreation Center, Senior Center, Parking Lot Improvement Project awarded to
Calvert Paving Corporation in the base bid amoum of $259,652.44 plus Alternates
1-7 in the amoum of $29,940.50 for a total amount of $289,592.94).
2003-176 - An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the unreserved fund balance of the General Fund
with Certificates of Obligation so that a project for the construction of Spencer
Road and the Loop 288 bypass may be commenced; declaring an emergency and
amending the 2002-2003 Capital Improvement Budget to allow the funding for
said project; and providing an effective date.
Jo
2003-177 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Spencer Road paving, drainage and water
improvemems; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3028 - Spencer Road Paving, Drainage & Water
Improvements awarded to Jagoe-Public Company in the amount of
$2,794,719.25).
Ko
2003-178 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a Xeriscape/Landscape Detention Pond for the
North Branch Library; providing for the expenditure of funds therefore; and
providing an effective date (Bid 3029 - Construction of Xeriscape/Landscape
Detemion Pond for the North Branch Library awarded to Harrison Quality
Construction in the amoum of $34,527.74).
Lo
2003-179 - An ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of a bucket truck with aerial device
as awarded by the State of Texas Building and Procuremem Commission
(Comract TXMAS-3-23010); providing for the expenditure of funds therefor; and
providing an effective date (File 3042 - Bucket Truck With Aerial Device
awarded to Altec industries, inc. in the amoum of $119,418).
Mo
2003-180 An ordinance of the City of DeNon, Texas, authorizing first
amendment to an interlocal Agreement between the City of Denton, Texas and
University of North Texas extending the term of the contract to provide a
volunteer coordinator for the Denton Community Network to build a training
program for volumeers; authorizing the expenditure of funds; and providing an
effective date.
City of Demon City Council Minutes
June 17, 2003
Page 6
No
2003-181 - An ordinance of the City of Demon, Texas authorizing the re-
advertisemem for a Non-Drilling, Paid-Up Pooling Agreemem for an Oil and Gas
Lease Agreement for South Lake Park within the City of Denton, Texas; and
providing an effective date.
Oo
2003-182 - An ordinance of the City of Demon, Texas, accepting the bid
submitted by Trio Consulting & Management, L.L.C., and authorizing the
negotiation of a Non-Drilling/Pooling Agreement for an approximate 3.13-acre
tract owned by Denton Municipal Electric for an electric substation, and
providing an effective date.
Po
2003-183 - An ordinance of the City of Demon, Texas authorizing the rejection
for all bids and the re-advertisemem for a Non-Drilling, Paid-Up Pooling
Agreement for Oil and Gas Lease Agreements for North Lakes Park, Denia Park,
and the Airport Open Space Park, within the City of Denton, Texas; and
providing an effective date.
Qo
2003-184 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 0.357 acre tract or parcel of land and an approximate 2.152 acre tract
or parcel of land both in fee simple for street, utility and right-of-way purposes,
such title to be in the name of the City of Denton, and a drainage easement
containing approximately 0.226 acre and a temporary construction easement
comaining approximately 0.309 acre, all said tracts being located in the Mary
Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that
certain tract or parcel of land in a deed to Alex N. Bickley recorded in Volume
987, Page 548 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
just compensation and if such offer is refused, authorizing the City Attorney, or
his designee, to institute the necessary proceedings in condemnation to acquire the
property for street, utility and right-of-way purposes, drainage easemem purposes,
and temporary construction easement purposes; and declaring an effective date.
(Tract 4)
Ro
2003-185 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 1.075 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Demon and said
property being located in the Mary Austin Survey, Abstract Number 4 in Denton
County, Texas and being out of that certain tract or parcel of land in a correction
deed to Ronald West Atkins and wife, Barbara Atkins recorded under Clerk's File
Number 97-R0043235 in of the Real Property Records of Demon County, Texas;
authorizing the City Manager, or his designee, to make an offer to purchase the
property for its just compensation and if such offer is refused, authorizing the City
Attorney, or his designee, to institute the necessary proceedings in condemnation
to acquire the property for street, utility and right-of-way purposes; and declaring
an effective date. (Tract 5)
City of Demon City Council Minutes
June 17, 2003
Page 7
So
2003-186 - An ordinance authorizing the City Manager or his designee to
purchase a 0.60 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Demon and said
property being located in the Mary Austin Survey, Abstract Number 4 in Denton
County, Texas and being out of that certain tract or parcel of land in a deed to
American Legion Post #71 recorded in Volume 561, Page 464 of the Deed
Records of Denton County, Texas; authorizing the expenditure of funds; and
declaring an effective date. (Tract 6)
2003-187 - An ordinance authorizing the City Manager or his designee to
purchase a 0.494 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Demon and said
property being located in the Mary Austin Survey, Abstract Number 4 in Denton
County, Texas and being out of that certain tract or parcel of land in a deed to
Terry S. Stanford recorded under Clerk's File Number 96-R0082307 in the Real
Property Records of Denton County, Texas and also being out of that certain tract
or parcel of land in a deed to Elizabeth Marie Hardy recorded in Volume 4643,
Page 2430 of the Real Property Records of Denton County, Texas; authorizing the
expenditure of funds; and declaring an effective date. (Tract 7 & 8)
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2003-188 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 0.095 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Demon and said
property being located in the Mary Austin Survey, Abstract Number 4 in Denton
County, Texas and being out of that certain tract or parcel of land in a deed to
Charles E. Bailey recorded under Clerk's File Number 98-R0035413 in of the
Real Property Records of Demon County, Texas; authorizing the City Manager,
or his designee, to make an offer to purchase the property for its just
compensation and if such offer is refused, authorizing the City Attorney, or his
designee, to institute the necessary proceedings in condemnation to acquire the
property for street, utility and right-of-way purposes; and declaring an effective
date. (Tract 9)
go
2003-189 - An ordinance abandoning and vacating a portion of an electric line
easement from L. R. Strickland to Brazos River Transmission Electric
Cooperative, Inc. recorded in Volume 386, Page 59 of the Deed Records of
Denton County, Texas, and abandoning and vacating a portion of an electric line
easemem from Grace Start Copeland, James C. Copeland, Maude Starr Ellis, J. F.
Start, C.D. Starr, W. P. Starr, Ann R. Boyd, F. L. Start, Annie Starr Whaley, Jack
Starr, Eunice Star Thomas, T. M. Starr, Susie Starr Sargent, O. L. Sargent, B. L.
Ellis and C. M. Star to Brazos River Transmission Electric Cooperative, Inc.
recorded in Volume 384, Page 121 of the Deed Records of Denton County, Texas,
and both easements subsequently assigned to the City of Denton in an instrument
recorded in Volume 2736, Page 825 of the Real Property Records of Demon
County, Texas in the Samuel Kephart Survey, Abstract No. 721 and the George
McGlothlin Survey, Abstract No. 888 and the A. Serren Survey, Abstract No.
1198 and the B.B.B. & C.R.R. Survey, Abstract No. 190, said portion being on
City of DeNon City Council Minutes
June 17, 2003
Page 8
the tracts of land as described in the deed to Lake Sharon L.P. recorded in
Volume 4122, Page 1957 and Volume 4017, Page 875 of the Real Property
Records, Denton County, Texas and the deed to ACLP Swisher Road
Commercial, L.P. recorded by County Clerk file number 99-R0006837 Real
Property Records, DeNon County, Texas, and the deed to Lake Sharon Christian
CeNer Inc., recorded in Volume 4107, Page 2239, Real Property Records, DeNon
County, Texas and declaring an effective date.
Wo
2003-190 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of a sanitary
sewer easement in, over, on, across, and under an approximate 0.7827 acre tract
or parcel of land, a temporary construction easement containing approximately
0.2878 acres of land, and a temporary construction easement containing
approximately 1.0946 acres of land, all tracts being located in the Mary L. Austin
Survey, Abstract No. 4 in Denton County, Texas and being part of a tract or
parcel of land owned by KeN Key and John Rainey; authorizing the City
Manager or his designee to make an offer to purchase the easemeNs for their just
compensation and if such offer is refused, authorizing the City Attorney to
institute the necessary proceedings in condemnation in order to acquire the
property; and declaring an effective date.
Xo
An ordinance of the City Council of the City of DeNon, Texas authorizing the
City Manager to execute a Professional Services Agreement with R. J. Covington
Consulting, LLC for consulting services relating to:
2003-191 - Task Order No. 03-E, regarding completion of a Fixed Asset
Cost Separation Study relating to Denton Municipal Electric; authorizing
the expenditure of funds therefor; and providing an effective date.
2003-192 - Task Order No. 03-F, regarding the 2003 Transmission Cost of
Service filing at the Public Utility Commission of Texas relating to
Denton Municipal Electric; authorizing the expenditure of funds therefor;
and providing an effective date.
Yo
Approved an exaction variance of Section 35.20.3(A.3.) of the Code of
Ordinances concerning collector street sidewalk requirements. The parcel
contained approximately 1.8 acres and was located on the northwest corner of
Paisley Street and Campbell Street. The property was currently designated as a
neighborhood resideNial (NR-4) zoning district. A day school/care curreNly
existed. The Planning and Zoning Commission recommended approval of a
partial variance as proposed by the applicaN (6-0) (V03-0010)
go
2003-193 - An ordinance of the City of DeNon authorizing a service agreemeN in
the amount of $750.00 between the City of Denton, Texas and the Juneteenth
Committee to support the 2003 Juneteenth celebration; providing for the
expenditure of funds therefore; and providing for an effective date.
2003-194 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Kiwanis Club for the payment and use of
City of DeNon City Council Minutes
June 17, 2003
Page 9
$19,946 in Hotel Tax Revenue; approving a budget for, and authorizing
expenditure of, these funds, and providing an effective date.
BB. Approved the minutes of May 19, 20, 21 and 27, 2003.
CC.
Approved an exaction variance of Section 35.20.2 (P.1.) of the Code of
Ordinances concerning coordination with surrounding streets and connectivity
and 35.20.2 (A.3.c.) concerning maximum cul de sac lengths. The approximately
11.5-acre parcel was located on the easterly side of Coumry Club Road/FM1830
and on both sides of Regency Oaks Drive and was in a Neighborhood Residemial
2 (NR-2) zoning district. A single-family subdivision was proposed. The
Planning and Zoning Commission recommended denial (6-1). (V03-0013-
Regency Oaks)
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting a license at Brinker Road at milepost 724.3 for the installation of a subsurface electric
line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of a license and providing an effective date.
Bob Tickner, Parks and Recreation Superimendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. The City's Electric Departmem was requesting to
construct a new electric line across the rail trail. This would be a subsurface crossing underneath
the rail trail.
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. 2003-195
AN ORDINANCE GRANTING A LICENSE AT BRINKER ROAD AT MILEPOST
724.3 FOR THE INSTALLATION OF A SUBSURFACE ELECTRIC LINE IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE AND PROVIDING AN
EFFECTIVE DATE.
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
City of Demon City Council Minutes
June 17, 2003
Page 10
B. The Council held a public hearing and considered adoption of an ordinance
granting a license for a surface use of a portion of the Denton Branch Rail Trail approximately
120 feet south of Corinth Parkway at milepost 727.7 for the installation of an overhead electric
line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of a license and providing an effective date.
Mayor Brock left the meeting with a conflict of interest.
Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. The City of Corimh was constructing a new city
hall and need to cross the rail trail with an overhead electric line for power to the building.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing
The Mayor Pro tem closed the public hearing.
Council Member Thomson left the meeting with a conflict of imerest.
The following ordinance was considered:
NO. 2003-196
AN ORDINANCE GRANTING A LICENSE FOR A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 120 FEET SOUTH
OF CORINTH PARKWAY AT MILEPOST 727.7 FOR THE INSTALLATION OF AN
OVERHEAD ELECTRIC LINE IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A
LICENSE AND PROVIDING AN EFFECTIVE DATE.
Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", and Redmon "aye". Motion carried
unanimously.
Mayor Brock and Council Member Thomson returned to the meeting.
C. The Council held a public hearing and considered adoption of an ordinance
granting approval of a surface use of a portion of the Denton Branch Rail/Trail at Loop 288
milepost 724 for the purpose of a public street easement in accordance with Chapter 26 of the
Texas Parks and Wildlife Code; providing for the issuance of a license and providing an
effective date.
Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. The request was from the City's Engineering
Department for a temporary bypass for the reconstruction of Loop 288 and the removal of the
City of Demon City Council Minutes
June 17, 2003
Page 11
bridge on the site. The Parks, Recreation and Beautification Board had approved the request
with the conditions of an upgrade of the traffic lights at Loop 288 and the future planning for a
pedestrian bridge over the new Loop 288.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Ken Royal, 305 Bluebird Circle, Demon, 76201 - pleased with the Council's
consideration for the safety of cyclists during construction.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-197
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL/TRAIL AT LOOP 288 MILEPOST 724 FOR THE
PURPOSE OF A PUBLIC STREET EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
graining a license for a subsurface use of a portion of the Demon Branch Rail Trail
approximately 600 feet north of Pockrus Page Road at milepost 725.7 for the installation of a
subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code;
providing for the issuance of a license and providing an effective date.
Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. This was a request from the City's Electric
Department for a subsurface line at Pockrus Page Road. There would be no negative impact on
the park use.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Demon City Council Minutes
June 17, 2003
Page 12
NO. 2003-198
AN ORDINANCE GRANTING A LICENSE FOR A SUBSURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 600 FEET
NORTH OF POCKRUS PAGE ROAD AT MILEPOST 725.7 FOR THE
INSTALLATION OF A SUBSURFACE ELECTRIC LINE IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
concerning the creation of a Special Sign District for an approximately 35.5 acre site that is
generally located at the northeast corner of Brinker Road and Rails and Trails Reserve
intersection. The purpose of the Special Sign District was to allow signage for a development to
deviate from the requirements of Subchapter 15 of the Development Code. The Planning and
Zoning Commission recommended approval with conditions (5-0). (SD03-0001, Quail Creek)
Larry Reichhart, Assistant Director of Planning and Development, stated that the one negative
response that was originally received had been withdrawn. The Planning and Zoning
Commission recommended approval with the condition that the signs be made of the same
materials and color. The approval of the Sign District would result in less signs than would be
allowed by the currem ordinance.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Alan Bussell, 1621 Amanda Court, Ponder, 76259 - favor
Mayor Brock indicated that a Commem Card had been received from Susan Kedron, 901 Main
#6000, Dallas, 75202, in support of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-199
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN
APPROXIMATE 35.5 ACRES OF LAND LOCATED AT THE NORTHEAST
CORNER OF BRINKER ROAD AND RAILS TO TRAILS RESERVE 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. (SD03-0001)
City of Demon City Council Minutes
June 17, 2003
Page 13
McNeill motioned, Kamp seconded to adopt the ordinance with the conditions as stated by the
Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit for a gas well site on approximately 40 acres of land. The
property was in a Neighborhood Residemial 6 (NR-6) and Community Mixed Use General (CM-
G) zoning districts. The subject property was generally 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). (Z03-0014, Hilliard-Fulton
Unit No. 1)
Larry Reichhart, Assistant Director of Planning and Development, stated that a gas well was
proposed at this location. A Specific Use Permit was required in a NR-6 zoning district. The
Planning and Zoning Commission had recommended approval with four conditions.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Shelly Hatten, speaking for petitioner, favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-200
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 40
ACRES OF LAND LOCATED IN THE CITY OF DENTON IN THE WILLIAM
DANIEL SURVEY, ABSTRACT NO. 378 AND GENERALLY LOCATED SOUTH
OF MISSION AVENUE, NORTH OF HOBSON LANE, AND EAST OF U.S. 377
HIGHWAY OR FORT WORTH DRIVE WITHIN A NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) AND COMMUNITY MIXED USE GENERAL (CM-G)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z03-0014)
McNeill motioned, Burroughs seconded to adopt the ordinance with the noted conditions. On
roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on first reading to volumarily
City of Demon City Council Minutes
June 17, 2003
Page 14
annex approximately 67.69 acres of land generally located north and east of Teasley Lane (FM
2181), and west of Blue Bonnett in the southeastern section of the City of Denton Extraterritorial
Jurisdiction (ET J). The Planning and Zoning Commission recommended approval (5-0). (A03-
0001, Teasley Lane High School)
Larry Reichhart, Assistant Director of Planning and Development, stated that this was the first
reading for the voluntary annexation by the DISD for a new high school site.
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED NORTH AND EAST OF TEASLEY
LANE (FM 2181) AND EAST OF BLUE BONNETT IN THE SOUTHEASTERN
SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN
THE J.C. BAKER SURVEY, ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS
AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE
DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT
SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED
13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET
UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME
4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE
CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES
RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT
RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS,
AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM
CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT
RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS;
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001).
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered an ordinance of the City of Demon, Texas authorizing
participation in a coalition of cities known as the Alliance of TXU Municipalities (ATM) in
order to hire attorneys and experts to respond to the filings of TXU Gas Company locally and
before the Railroad Commission of Texas including the authority to negotiate with the company
and to direct any necessary litigation; authorizing intervention at the Railroad Commission of
Texas; suspending the effective date of TXU Gas Distribution's requested rate changes as set
forth in their Statement of Intent filed with the City Secretary to permit the City time to study the
request and establish reasonable rates; to require the reimbursement of municipal rate case
expenses; finding that the meeting complied with the Open Meetings Act; making other findings
and provisions related to the subject; and declaring an effective date.
City of DeNon City Council Minutes
June 17, 2003
Page 15
Mayor Brock and Council Member Thomson left the meeting with a conflict of interest.
Herb Prouty, City Attorney, briefed the Council on the details of the filing of TXU.
The following ordinance was considered:
NO. 2003-201
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE ALLIANCE OF
TXU MUNICIPALITIES (ATM) IN ORDER TO HIRE ATTORNEYS AND EXPERTS
TO RESPOND TO THE FILINGS OF TXU GAS COMPANY LOCALLY AND
BEFORE THE RAILROAD COMMISSION OF TEXAS INCLUDING THE
AUTHORITY TO NEGOTIATE WITH THE COMPANY AND TO DIRECT ANY
NECESSARY LITIGATION; AUTHORIZING INTERVENTION AT THE
RAILROAD COMMISSION OF TEXAS; SUSPENDING THE EFFECTIVE DATE OF
TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES AS SET FORTH IN
THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH
REASONABLE RATES; TO REQUIRE THE REIMBURSEMENT OF MUNICIPAL
RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", and Redmon "aye". Motion carried
unanimously.
Mayor Brock and Council Member Thomson returned to the meeting.
C. The Council considered adoption of an ordinance approving an Alternative
Development Plan for the Brinker Crossing development. The approximately 2.0 acre
developmem was generally located on the west side of Brinker Road, south of Loop 288. The
property was within a Regional Cemer Commercial Dowmown (RCC-D) zoning district.
Commercial uses were proposed. The Planning and Zoning Commission recommended approval
with conditions (5-0). (ADP03-0005, Brinker Crossing)
Larry Reichhart, Assistant Director of Planning and Development, stated that the alternative plan
proposed parking between the building and the road with architectural elemems to screen the
parking with fence and landscaping.
The following ordinance was considered:
NO. 2003-202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR BRINKER CROSSING
City of DeNon City Council Minutes
June 17, 2003
Page 16
DEVELOPMENT, BEING AN APPROXIMATE 2 ACRE SITE LOCATED
APPROXIMATELY 450 FEET SOUTH OF LOOP 288 ALONG THE WEST SIDE OF
BRINKER ROAD LEGALLY DESCRIBED AS LOTS 5 AND 6 BLOCK A OF THE
BR1NKER CROSSING ADDITION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0005)
Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance approving an Alternative
Development Plan for approximately 23.7 acres generally located at the northwest corner of
Brinker Road and Colorado Boulevard imersection. The subject property was within a Regional
Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative
Development Plan was to deviate from the requirements of Subchapter 13 of the Development
Code. Office uses were proposed. The Planning and Zoning Commission recommended
approval (6-0). (ADP03-0006, Sally Beauty)
Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was
to deviate from the connectivity requirements due to the location of Denton's rails to trails and
the current development of the connecting property. The proposal was to also deviate from the
street tree requirements in order to save a large quantity of existing trees in several locations.
The following ordinance was considered:
NO. 2003-203
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR SALLY BEAUTY SERVICE
CENTER, BEING AN APPROXIMATE 23.7 ACRE SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF BRINKER ROAD AND COLORADO
BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (ADP03-0006)
Burroughs motioned, McNeill seconded to adopt the ordinance as proposed. On roll vote,
Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance approving an Alternative
Developmem Plan for approximately 0.92 acres, commonly known as 3303 Colorado Boulevard,
generally located along the north side of Colorado Boulevard approximately 1,100 feet east of
Brinker Road and Colorado Boulevard imersection. The subject property was within a Regional
Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative
Development Plan was to deviate from the requirements of Subchapter 13 of the Development
Code. A medical office was proposed. The Planning and Zoning Commission recommended
approval with conditions (6-0). (ADP03-0007, Quantum Family Medical)
City of Demon City Council Minutes
June 17, 2003
Page 17
Larry Reichhart, Assistant Director of Planning and Development, stated that the alternative plan
was needed to allow parking between the building and the street and to orientate the building
toward the parking lot. The developer was trying to save a large grove of trees and to orientate
the parking closer to the building for patients. There would also be a shared access with the
existing office building to facilitate the site design of a drive aisle in from of the building. The
Planning and Zoning Commission had recommended two conditions.
The following ordinance was considered:
NO. 2003-204
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR 3303 COLORADO BOULEVARD,
BEING AN APPROXIMATE 0.92 ACRE SITE LOCATED ON THE NORTH SIDE OF
COLORADO BOULEVARD APPROXIMATELY 1,100 FEET EAST OF BRINKER
ROAD LEGALLY DESCRIBED AS LOT 2 BLOCK B OF THE DENTON REGIONAL
MEDICAL CENTER SUBDIVISION, PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
EFFECTIVE DATE. (ADP03-0007)
Thomson motioned, Momgomery seconded to adopt the ordinance with the amendmems as
suggested. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
F. Consider adoption of an ordinance calling a sales tax election to be held in the
City of Demon, Texas, on September 13, 2003, designating polling places, appoiming election
officials; providing for early voting; providing for bilingual notice of the election; ordering that
an electronic voting system be used; making additional provisions for the conduct thereof;
providing an open meetings clause; and providing for an effective date.
This item was not considered.
G. New Business
The following items of New Business were suggested by Council Members for future agendas:
Council Member McNeill requested a work session with staff and
developers regarding asphalt versus concrete standards for roads.
Council Member Burroughs suggested a revision to the current gas and oil
drilling ordinance to included an automatic provisions for screening from
the start of construction. A variance would be required in order to not
screen the well.
Council Member Redmon requested a discussion on developmem
language to save existing trees on a roadway.
City of Demon City Council Minutes
June 17, 2003
Page 18
Council Member Redmon requested a work session on the jail closing
situation.
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.
I. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:40 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS