Minutes July 22, 2003CITY OF DENTON CITY COUNCIL MINUTES
July 22, 2003
The City of DeNon City Council was invited by the University of North Texas to participate in a
complimentary bus tour of Denton on the University of North Texas' "Regal Eagle" on Tuesday,
July 22, 2003 departing from the City Hall parking lot at 3:30 p.m.
After determining that a quorum was presem, the City Council convened in a Work Session on
Tuesday, July 22, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Montgomery, Redmon and Thomson.
ABSENT: None
1. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the City Council regular meeting of July 22, 2003.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the items listed.
1. The Council considered the following in Closed Meeting:
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Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney - Under TEXAS
GOVERNMENT CODE Section 551.071.
1. Deliberated the purchase and value of real property imerests for park and
street purposes in the M.E.P. & P.R.R. Survey Abstract 950 and being an
approximate 10.965 acre tract and a 2.689 acre tract, located at the
southwest corner of State School Road and Brighton Street, Denton,
Texas; which acquisition was for a public purpose. Received legal advice
from the City Attorney or his staff concerning legal issues regarding the
acquisition of such real property imerests.
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Deliberations regarding certain public power utilities: Competitive Matters ---
Under TEXAS GOVERNMENT CODE Section 551.086.
Received competitive electric information, including commercial
information, from DeNon Municipal Electric ("DME") staff relating to its
competitive activities, to wit: the possible acquisition of 800 MHz radio
frequencies from a third party, respecting DME's trunked radio system.
Discussed, deliberated, considered, provided staff with direction, and took
final action regarding the foregoing matter.
Regular Meeting of the City of DeNon City Council on Tuesday, July 22, 2003 at 6:30 p.m. in
the Council Chambers at City Hall.
City of DeNon City Council Minutes
July 22, 2003
Page 2
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
There were no proclamations/awards presemed at this meeting.
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishmems to the Council.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Dr. John Paul Eddy regarding need for new tree ordinance.
Dr. Eddy stated he was concerned about the environmem in the city and felt that more needed to
be done to preserve trees. He presemed values associated with trees such as soil/water quality
value, memal health values, cooling/shade value, increase local property tax values. A good
ordinance was needed; enforcement must be in place and all citizens needed to be tree watchers
so as to maintain trees in the city.
2. Serena Eckert regarding realignmem of Lakeview Blvd.
Mayor Brock indicated that the third speaker had asked that his time be given to Ms. Eckert, as
he was unable to attend. Consensus of Council was to allow the additional time.
Ms. Eckert stated Council should not consider Route 5 for the proposed realignmem of Lakeview
Blvd. She felt that the proposed route would be dangerous for children attending Pecan Creek
Elememary School. The proposed route would have a six lane, 45 mile per hour traffic pattern.
She was in favor of the proposed Route 4, as it would reduce the danger to pedestrians in the
area. The nature preserve in the area would also be in danger with Route 5.
3. Darryle Petters regarding realignmem of Lakeview Blvd.
Mr. Petters was not present at the meeting.
4. CONSENT AGENDA
Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying
ordinances. 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
July 22, 2003
Page 3
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2003-221 - An ordinance of the City of Demon, Texas to declare the imem to
reimburse expenditures from the unreserved fund balance of the General Fund
with Certificates of Obligation so that a project for the acquisition of
approximately 13.65 acres of land from the State of Texas for parks and street
purposes can be consummated, such land being located at the southwest comer of
State School Road and Brighton Street in the City of Denton; declaring an
emergency and amending the 2003-2004 Capital Improvement budget to allow
the funding for said project; and providing an effective date. (Land purchase and
related costs-$189,000.00)
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2003-222 - An ordinance of the City of Demon, Texas approving a Real Estate
Contract between the City of Denton, The State of Texas by and through the
Texas Department of Mental Health and Mental Retardation and The School Land
Board for the purchase of an approximate 10.965 acre tract and a 2.689 acre tract
of land located adjacent to the Denton State School in the M.E.P. & P.R.R.
Survey, Abstract No. 950 in the City of Denton, Denton County, Texas;
authorizing the expenditure of funds therefore; and providing an effective date.
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2003-223 - An ordinance authorizing the City Manager or his designee to execute
a contract for an Electrical Utility Easement consisting of 1.11 acres, being part of
Section 3, Tract 6 conveyed to Rayzor Investments, Ltd. by deed recorded in
Volume 1796, Page 601 of the Real Property Records of Demon County, Texas,
said property being located in William Neill Survey, Abstract No. 970, Demon
County Texas; authorizing the expenditure of funds therefore; and providing an
effective date. (West Demon Electric Project)
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2003-224 - An ordinance abandoning and vacating a portion of a sewer line
Easement from J. Newton Rayzor to the City of Denton, as recorded in Volume
514, Page 581 of the Real Property Records of Denton County, Texas, being a
part of the E. Puchalski Survey, Abstract No. 996, and declaring an effective date.
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2003-225 - An ordinance abandoning and vacating a portion of a sixteen foot
wide drainage and utility easemem affecting Lot 4, Block 2 of Southmom Place,
an addition to the City of Denton according to the plat thereof which is located in
the C. Poulallier Survey, Abstract No. 1006; and declaring an effective date.
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2003-226 - An ordinance of the City of Demon, Texas authorizing the
expenditure of funds for paymems by the City of Demon for Wide Area Network
Charges to the Electric Reliability Council of Texas; and providing an effective
date (File 3055 to the Electric Reliability Council of Texas (ERCOT) in the
estimated amoum of $57,000).
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2003-227 - An ordinance approving the expenditure of funds for the purchase of
the renewal fee for maimenance of the City of Demon's Public Safety software
provided by VisionAir and available from only one source in accordance with the
provision for state law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3054 to VisionAir in the
amoum of $140,832).
City of DeNon City Council Minutes
July 22, 2003
Page 4
2003-228 - An ordinance accepting competitive bids and awarding a comract for
the purchase of prevemive maintenance services for City vehicles; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3023 -
Preventive Maintenance Services awarded to USA Lube and Tune in the
estimated amoum of $50,000).
2003-229 - An ordinance awarding a comract for the purchase of a trailer
mourned underground puller for DeNon Municipal Electric; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3040 -
Trailer Mounted Underground Puller awarded to TSE International, Inc. in the
amoum of $76,720).
J. Approved appoimmems to the following boards and commissions:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Airport Advisory Board
Animal Shelter Advisory Committee
Community Developmem Advisory Committee
Construction Advisory and Appeals Board
Historic Landmark Commission
Human Services Advisory Committee
Library Board
Parks, Recreation and Beautification Board
TMPA
Traffic Safety Commission
Zoning Board of Adjustmem
2003-230 - An ordinance of the City of DeNon, Texas approving an amendmem
to an airport lease between the City of Denton and Ezell Aviation, Incorporated
and a partial assignment to George Dalton; and providing an effective date.
5. PUBLIC HEARINGS
Teasley Lane High School, The approximately 67.69 acre site was generally
located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett.
The Council considered adoption of an ordinance on second reading to
volumarily annex approximately 67.69 acres. (403-0001, Teasley Lane
High School) (Not a public hearing)
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. A
high school was proposed for the site.
The following ordinance was considered:
City of Demon City Council Minutes
July 22, 2003
Page 5
NO. 2003-231
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 WEST 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
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001)
McNeill 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.
The Council held a public hearing and considered adoption of an
ordinance zoning approximately 67.69 acres of land to a Neighborhood
Residemial 2 (NR-2) zoning district. A public high school was proposed.
The Planning and Zoning Commission recommended approval (5-0).
(Z03-0016, Teasley Lane High School)
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. 2003-232
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF
LAND, COMPRISING APPROXIMATELY 67.69 ACRES LOCATED IN THE J. C.
BAKER SURVEY, ABSTRACT NO. 47, IN THE CITY OF DENTON, TEXAS, TO
THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
City of DeNon City Council Minutes
July 22, 2003
Page 6
CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH AND
EAST OF TEASLEY LANE (FM 2818) AND WEST OF BLUE BONNETT, IN THE
CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2000.00 FOR VIOLATIONS THEREOF; AND AN EFFECTIVE DATE. (Z03-
0016)
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.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on second reading, establishing
the extension of the cable television franchise between the City of Denton and Charter
Communications; providing a severability clause; and providing an effective date.
John Cabrales, Public Information Officer, presented the details on the extension of the cable
television franchise.
The following ordinance was considered:
SECOND READING
AN ORDINANCE ON SECOND READING, ESTABLISHING THE EXTENSION OF
THE CABLE TELEVISION FRANCHISE BETWEEN THE CITY OF DENTON AND
CHARTER COMMUNICATIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Kamp seconded to adopt the ordinance on second reading. On roll vote,
Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
commissions:
The Council considered nominations/appoimmems to the following boards and
2.
3.
4.
5.
Human Services Advisory Committee
Library Board
Planning and Zoning Commission
Public Utilities Board
Zoning Board of Adjustmem
Burroughs requested Council go imo Executive Session to discuss nominations to the Planning and
Zoning Commission and the Zoning Board of Adjustmem. McNeill seconded the request. On roll
vote, Burroughs "aye", Kamp "aye", McNeill "aye", Momgomery "aye", Redmon "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
Council reconvened into Open Session. Burroughs motioned, Montgomery seconded to take no
action on the item and reconsider it at the August 5th meeting. On roll vote, Burroughs "aye",
City of Demon City Council Minutes
July 22, 2003
Page 7
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. New Business
There were no items of New Business were suggested by Council for future agendas:
D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff reminded Council of the opening of the North Branch library and the
upcoming planning session.
E. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
F. 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 7:40 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS