Minutes August 05, 2003CITY OF DENTON CITY COUNCIL MINUTES
August 5, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 5, 2003 at 5:00 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 regular meeting of August 5, 2003.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the following:
1. Closed Meeting:
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Deliberations regarding personnel matters - Under TEXAS GOVERNMENT
CODE Section 551.074.
Deliberated and discussed the appointment, evaluation and the duties of
the public officers listed below to the following City boards or
commissions having discretionary powers as opposed to purely advisory
powers:
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Planning and Zoning Commission (Bob Powell, George Watkins,
Joe Roy)
Zoning Board of Adjustment (Judy Willis, Lee Ann Nutt)
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Deliberations regarding economic development negotiations - Under TEXAS
GOVERNMENT CODE Section 551.087 and Consultation with the City
Attorney - Under TEXAS GOVERNMENT CODE Section 551.071.
Deliberated and discussed commercial or financial information received
from a business prospect and offers of financial or other incentives to the
business prospect for the purposes of economic development negotiations
relating to the development of Clear Creek Ranch being approximately
749 acres of land located north of Loop 288 and west of FM 2164 in the
Morris May Survey, Abstract No. 807, the J.S. Collard Survey, Abstract
No. 297, the Alexander White Survey, Abstract No. 1406, and the Victor
Gailor Survey, Abstract No. 453, in the City of Denton, Denton County,
Texas. Also, receipt of legal advice from the City Attorney on matters in
which his professional responsibility to the City Council requires private
legal consultation.
Regular Meeting of the City of Denton City Council on Tuesday, August 5, 2003 at 6:30 p.m. in
the Council Chambers at City Hall.
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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 presented a proclamation for Denton Record-Chronicle Week.
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishmems to Council.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Peternia Washington regarding concerns of Southeast Denton.
Ms. Washington stated that she did not wish to speak at this meeting.
2. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
3. Bob Clifton regarding the Consumer Health Department.
Mr. Clifton was not present at the meeting.
4. CONSENT AGENDA
City Manager Conduff stated that the petitioner had requested to withdraw Item J from
consideration.
Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying
ordinances and resolutions with the exception of Item J. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
A. 2003-233 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Mayhill Road improvements at Pecan Creek;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3035 - Mayhill Road Improvemems at Pecan Creek awarded to AUI
Comractors L.P. in the amoum of $1,064,064.90).
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August 5, 2003
Page 3
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2003-234 - An ordinance accepting competitive bids and awarding a comract for
the purchase of a Mobile Catch Basin and Sewer Cleaning Truck for the City of
Denton Water and Sewer Department; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3036 - Mobile Catch Basin and
Sewer Cleaning Truck awarded to Dallas Peterbilt, L.P. in the amount of
$167,689).
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2003-235 - An ordinance amending ordinance 2001-204 to amend section 6.1 of
the Council appointees to the Agenda Committee; providing a savings clause; and
providing an effective date.
D. Approved the minutes of July 15, July 16, and July 22, 2003.
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2003-236 - An ordinance approving an agreemem between the City of Demon and
Teasley Denton CVS, L.P. for the abandonment of certain public utility easements
recorded in Volume 1421, Page 168 and Volume 2978, Page 915 of the Real
Property Records of Demon County, Texas and being in the Poulallier Survey,
Abstract No. 1006; authorizing the City Manager or his designee to execute said
agreemem on behalf of the City of Demon; and providing an effective date.
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2003-237 An ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreement between the City Of Denton, Texas and Denton County,
Texas for the Texas Department of Transportation Off System-Bridge
Replacement Program; authorizing the expenditure of funds therefor; and
providing an effective date.
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R2003-016 - A resolution of the City Council of the City of Demon, Texas
placing a proposal on the September 2, 2003 City Council public meeting agenda
to adopt a 2003 tax rate that will exceed the lower of the rollback rate or 103
percent of the effective tax rate; calling a public hearing on a tax increase to be
held on August 19, 2003, requiring publication of a Notice of Public Hearing on a
tax increase in accordance with the law; and providing an effective date.
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2003-238 - An ordinance approving an Alternative Developmem Plan for C.H.
Collins Athletic Complex. The proposed 42.575-acre site is located north of Loop
288, south of Long Road and between Sherman Drive and Stuart Road. The
subject site is within a Neighborhood Residemial 4 (NR-4) zoning district. A
stadium and parking lot are proposed. The Planning and Zoning Commission
recommend approval (6-0). (:tDP03-0002, C.H. Collins Athletic Complex)
R2003-017 - A resolution to approve and authorize the City of Demon to file an
amicus curiae brief in Denton County v. Tarrant County, Cause No. 02-0795, in
the Supreme Court of Texas; establishing a public purpose, authorizing retention
of counsel and providing an effective date.
J. This item was pulled from consideration.
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August 5, 2003
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R2003-018 - A resolution of the City of Demon, Texas adopting the City of
Denton's 2003 State Legislative Program for the 78th Second Called Legislative
Session; providing a repealer; and providing an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance amending the
Mobility Plan Component of The Denton Plan to revise the location of Lakeview Blvd, to change
the classifications of Trinity Road between Mills Road and FM 426 route #1 for Lakeview Blvd.
as shown on the mobility plan, FM 426 between proposed route #5 of Lakeview Blvd and the
intersection of the current Route #1 of Lakeview Blvd., and Edwards Road between Swisher
Road and Lakeview Blvd.; and providing an effective date. The Planning & Zoning Commission
recommended approval (6-1) (SI02-0013, Lakeview Mobility Plan AmendmenO
Dave Salmon, Assistam Director of Engineering, presented the history of the proposal. He
reviewed the proposed locations for Route 4 and Route 5. Several neighborhood meetings were
held to receive public input on the proposed routes plus public hearings were held at the Planning
and Zoning Commission meetings.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Darryle Petters, 4301 Boxwood Drive, Denton, 76208 - opposed to Route 5
Paige Walker, 6302 Hawthorne Drive, Denton, 76208 - opposed to Route 5
Hugh O'Neil, 4602 Trumpet Vine, Denton, 76208 - opposed to Route 5
Jackie Bruce, 4215 Boxwood Drive, Denton, 76208 -opposed to Route 5
Jo Olson, 6298 Hawthorne Drive, Denton, 76208 - opposed to Route 5
Sandy Duttan, 6300 Hawthorne Drive, Demon, 76208 - opposed to Route 5
Serena Eckert, 6600 Lantana Drive, Denton, 76208 - opposed to Route 5
Scott Lent, 6509 Daisy Drive, Denton, 76208 - opposed to Route 5
Maureen Jamail, 4208 Boxwood Drive, Denton, 76208 - opposed to Route 5
Scott Ewing, 6313 Barberry Ave., Denton, 76208 - opposed to Route 5
Van Scott, 4605 Bay Tree Ave., Denton, 76208 - opposed to Route 5
Troy Jamail, 4208 Boxwood Drive, Denton, 76208 - opposed to Route 5
Heather Bobo, 4144 Boxwood Drive, Denton, 76208 - opposed to Route 5
Bob Bobo, 4144 Boxwood Drive, Denton, 76208 - opposed to Route 5
Marc Leeds, 6506 Lantana Drive, Denton, 76208 - opposed to Route 5
Mike Eckert, 6600 Lantana Drive, Denton, 76208 - opposed to Route 5
Carrie Stoeckert, 6500 Lantana Drive, Denton, 76208 - opposed to Route 5
Marc Footlik, 5300 Town and Country Blvd., Frisco, 75034 - opposed to Route 5
Susan Mayo, 5493 Edwards Road, Demon, 76208 - favor of Route 5
Wade Willis, 5367 Edwards Road, Demon, 76208 - favor of Route 5
Cyann Looney, 5493 Edwards Road, Demon, 76208 - favor of Route 5
Kevin McCormack, 3031 Swisher, Road, Demon, 76208 - favor of original Route 5
Gina Nunez, 3325 Swisher Road, Demon, 76208 - not in favor of either route
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Commem Cards were received from the following:
Shailesh Kulkarni, 4211 Boxwood, Denton, 76208 - opposed to Route 5
Yong Yi, 6312 Hawthorne Drive, Denton, 76208 - opposed to Route 5
Jeremy Swearengin, 6312 Hawthorne Drive, 76208 - opposed to Route 5
Sam Sutherland, 4702 Indian Paint Way, Denton, 7208 - opposed to Route 5
Frank and Delores Simon, 4605 Trumpet Vine, Denton, 6208 - opposed to Route 5
Rebecca Scott, 4605 Bay Tree, Denton, 76208 - opposed to Route 5
Ginger O'Neil, 4602 Trumpet Vine, Denton, 76208 - opposed to Route 5
Jay Walker, 6402 Hawthorne Drive, Denton, 76208 - opposed to Route 5
Cindi Buckingham, 6503 Lantana Drive, Denton, 76208 - opposed to Route 5
Gary and Carol Paul, 6506 Daisy Drive, Denton, 76208 - opposed to Route 5
Laura Leeds, 6506 Lantana Drive, Denton, 76208 - opposed to Route 5
Riti Bruce, 4215 Boxwood Drive, Denton, 76208 - opposed to Route 5
Kelly and Kevin Mahannah, 4214 Boxwood Drive, Denton, 76208 - opposed to Route 5
Donise Lent, 6509 Daisy Drive, Denton, 76208 - opposed to Route 5
Daphne Mundt, 4212 Boxwood, Denton, 76208 - opposed to Route 5
Janice Randel, 4508 Trumpet Vine, Denton, 76208 - opposed to Route 5
Mike and Dawn Smith, 4511 Bay Tree, Denton, 76208 - opposed to Route 5
Rita and Clayton Newman, 6406 Daisy Drive, Demon, 76208 - opposed to Route 5
Grace Keene, 6405 Daisy Drive, Denton, 76208 - opposed to Route 5
Misty and Troy Hilton, 6316 Hawthorne, Denton, 76208 - opposed to Route 5
Donetta Petters, 4201 Boxwood Drive, Denton, 76208 -opposed to Route 5
Jeffrey Jasuta, 4229 Boxwood Drive, Denton, 76208 - opposed to Route 5
Lynette Higgins, 4229 Boxwood Drive, Denton, 76208 - opposed to Route 5
Sharon Follis, 6510 Daisy Drive, Denton, 76208 - opposed to Route 5
Jan Faubion, 3609 Macbey, Corinth, 76208 - opposed to Route 5
Lori and Toby Schafer, 4147 Boxwood, Denton, 76208 - opposed to Route 5
The following individuals also spoke during the public hearing:
Jan Faubion, 3609 Macbey, Corimh, 76208 - favor of Route 4
Carold Nunez, 3025 Swisher Road, Demon, 76208 - not in favor of either route
John Devries, 4099 Swisher Road, opposed to Route 4
Jay Walker 6402 Hawthorne, Denton, - not in favor of either route
Clayton Newman, 6406 Daisy Drive, Demon, 76208 - opposed to Route 5
The Mayor closed the public hearing.
Council discussed the pros and cons of the proposed routes with the following poims raised:
· Possibly performing traffic studies of the two routes
· Whether there would be school zone sites on both routes
· Would there be hazmat routes on either route
· Would there be truck routes on either route
· Connectivity to east/west roads
· Police/fire protection in the community/support of either route
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· Reasoning for the abandonmeN of Routes 1 and 2 relative to Corps of Engineers
property
Council Member Kamp indicated that she was not in favor of Route 5.
Council Member McNeill expressed concern with overturning the vote from the Planning and
Zoning Commission. He was not in favor of redesigning projects at the podium. He felt that the
Planning and Zoning Commission did not have all the same information the Council had
received and perhaps needed another look at the proposal.
McNeill motioned to remand the issue back to the Planning and Zoning Commission to take
another look at the recommendation. He based his decision on the vote by the Commission and
the new information presented at this meeting. He suggested that the Commission look again at
the feasibility of Route 4.
Council Member Redmon seconded the motion and asked that the Commission also study
Mayhill Road for a route determination.
Mayor Pro Tem Burroughs requested a short time frame for reconsideration by the Planning and
Zoning Commission. He suggested giving direction to the Commission as to why the Council
requested it look at the proposal again. Those reasons included looking again at Route 4, looking
at Mayhill Road, and the cost differeNial between the two proposed routes. He requested that
the Commission include reasoning for voting on a particular route.
Council Member MoNgomery indicated that he waned the opportunity to better look at the
neighborhood in order to make a better decision. He felt he needed more time to look at this
issue.
Council Member Thomson stated that he had looked quite extensively at the area and the
neighboring roads. While he was hesitaN to override the Planning and Zoning Commission
vote, he felt there was a need delay the decision.
Mayor Brock felt that the Planning and Zoning Commission should look at this issue as soon as
possible. She also felt it was difficult to get hard figures for the cost of the projects at this point
in time. She did not want to use the cost factor alone for a decision.
Council Members McNeill and Redmon accepted the Council's commeNs as friendly
amendments to the motion and second.
On roll vote on the motion to remand back to the Planning and Zoning Commission, 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 approval of a resolution of the City of DeNon, Texas
supporting the creation of a historic marker that recognizes historic black communities of
DeNon, including Freedman's Town and Quakertown, and to recognize the creation of the black
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August 5, 2003
Page 7
community in Solomon Hill after the Quakertown community was dispersed by the creation of
what is now known as the Civic Center Park; authorizing the placement of the marker on city
property; and providing an effective date.
Julie Glover, Main Street Manager, presented the history and details of the historic marker.
The following individuals spoke regarding the issue:
Carolyn Phillips, 722 Lakey Street, Denton, 76205 - favor
Redmon motioned, Kamp seconded to approve the resolution.
Charlye Heggins, 422 Audra Lane, Demon, 76209 - favor
The following resolution was considered:
NO. R2003-019
A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE
CREATION OF A HISTORIC MARKER THAT RECOGNIZES HISTORIC BLACK
COMMUNITIES OF DENTON, INCLUDING FREEDMAN'S TOWN AND
QUAKERTOWN, AND TO RECOGNIZE THE CREATION OF THE BLACK
COMMUNITY IN SOLOMON HILL AFTER THE QUAKERTOWN COMMUNITY
WAS DISPERSED BY THE CREATION OF WHAT IS NOW KNOWN AS THE
CIVIC CENTER PARK; AUTHORIZING THE PLACEMENT OF THE MARKER ON
CITY PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
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 adoption of an ordinance on final 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 franchise
agreement with Charter Communications.
The following ordinance was considered:
NO. 2003-239
AN ORDINANCE ON FINAL 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.
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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.
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commissions:
The Council considered nominations/appoimmems to the following boards and
Human Services Advisory Committee
Library Board
Planning and Zoning Commission (Bob Powell, George
Roy)
Public Utilities Board
Zoning Board of Adjustmem (Judy Willis, Lee Ann Nutt)
Watkins, Joe
Burroughs motioned, McNeill seconded to suspend the rules to consider a list of names as a
group. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon
"aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
Burroughs motioned, McNeill seconded to consider nominations as follows:
Human Services - Lilia Bynum; Sonja Ball
Planning and Zoning Commission-Bob Powell, George Watkins, Virgil Strange, Joe Roy
Public Utilities Board - Cassandra Berry, Bill Cheek, Dick Smith, Yolanda Guzman
Zoning Board ofAdjustmem - (Alternates) Judy Willis, Lee Ann Nutt
Council discussed the motion relative to methods of nominations, qualifications for membership
on the Planning and Zoning Commission and the Public Utilities Board, bringing diversity to the
Public Utilities Board and the method in which these nominations were being handled.
On roll vote on the motion to approve these nominations, Burroughs "aye", Kamp "aye", McNeill
"aye", Montgomery "aye", Redmon "nay", Thomson "aye" and Mayor Brock "aye". Motion
carried with a 6-1 vote.
D. New Business
There were no items of New Business suggested by Council for future agendas:
Council Member Redmon left the meeting
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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.
F. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
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G. 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 10:05 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS