Minutes October 18, 2005
CITY OF DENTON CITY COUNCIL MINUTES
October 18, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 18, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report from staff, held a discussion and provided direction
concerning a request from the City of Corinth for release of a portion of Denton's ETJ.
Tim Fisher, Assistant Director of Water Utilities, stated that Council had discussed this request at
an earlier work session. Staff was proposing that the city cooperate with the City of Corinth by
releasing the requested ETJ parcels in exchange for Corinth?s cooperation in minimizing future
encroachments from occurring within Denton?s 30-foot wide waterline and electric power line
easements. Corinth would agree to contact Denton?s water department when any development
project impacting Denton?s raw water transmission pipelines came through their development
process. Corinth would agree to exercise their platting authority and building permit authority to
assist Denton to minimize development encroachment and adverse impact on Denton?s pipeline
easement. This would include prohibition of rear lot fences within residential subdivisions and
the placement of any other utilities and drainage within this easement.
Council discussion-
The request to Corinth would be to enforce infringement on pipeline easements ? Fisher
replied yes to raise awareness and work on prevention for future development.
An interlocal agreement be needed to release the ETJ.
General direction is appropriate ? Corinth would enforce the easement restrictions in
order for Denton to release the ETJ.
The main focus would be on awareness and prevention, not on what was already done in
the easements.
Consider making part of agreement that if Denton released the ETJ, Corinth had to annex
the property within a certain period of time.
This was an opportunity to make Corinth aware of the water line easement problem.
Consensus of the Council was to proceed with the recommendation.
2. Staff responded to requests for clarification of consent agenda items listed on the Consent
Agenda for the meeting of October 18, 2005.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below.
1. Closed Meeting:
A. Consultation with Attorney ? Under Texas Government Code §551.071 and
Deliberations Regarding Real Property ? Under Texas Government Code
§551.072.
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October 18, 2005
Page 2
1. Received legal advice from the City Attorney regarding the status and
possible settlement of condemnation proceedings styled
City of Denton v.
, Cause No. ED-2004-485,
Dana J. Beavers, aka Dana J. Smith, et al.
pending in the Probate Court of Denton County, Texas, being an
acquisition of a public utility easement out of a tract of land south of
McKinney Street on Loop 288.
Council Member Kamp left the meeting.
B. Personnel Matters ? Under Texas Government Code §551.074.
1. Deliberated the evaluation, and duties, including contractual terms and
duties, for the City Manager, City Attorney, and Municipal Court Judge.
C. Consultation with Attorney ? Under Texas Government Code Section 551.071.
1. Received a report from the City?s attorneys, held a discussion and gave
staff direction regarding legal issues associated with annexation of real
property in the City?s northern ETJ, under Annexation Case No. A05-
0002.
Council convened out of Closed Session at 6:25 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, October 18, 2005 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 presented Mike Conduff and Greg Blackstone with ?Patriotic Employer? awards
from the National Guard and Reserve Force.
B. October Yard-of-the-Month Awards
Mayor Brock read the October Yard of the Month Awards.
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
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October 18, 2005
Page 3
3. CONSENT AGENDA
Heggins motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins ?aye?, McNeill ?aye?, Montgomery ?aye?,
Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
A. 2005-315 - An ordinance approving an Extension, Revivor and Ratification
Agreement between the City of Denton and Joint Resources Company and HEP
Oil Company, Ltd. relating to a gas well lease dated November 4, 2003 for North
Lakes Park; and providing an effective date. The Parks, Recreation and
Beautification Board recommended approval (4-0).
B. 2005-316 - An ordinance of the City of Denton approving change order three for a
professional services agreement between the City of Denton, Texas and
Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said
agreement, and authorizing and ratifying the expenditure of funds for work to be
performed; authorizing the City Manager or his designee to execute the change
order on behalf of the City and expend funds authorized by the change order; and
providing for an effective date.
C. R2005-039 - A resolution of the City Council of the City of Denton, Texas,
appointing one member and two alternates to the Board of Directors or Executive
Committee of the Denton County Transportation Authority; providing a repealer;
and providing an effective date.
D. 2005-317 - An ordinance of the City of Denton, Texas authorizing settlement of
an eminent domain action styled
City of Denton, Texas v. Dana J. Beavers, aka
, Cause No. ED-2004-485, filed in the Probate Court of
Dana J. Smith, et al.
Denton County; authorizing the City Manager and the City?s attorneys to act on
the City?s behalf in executing any and all documents, and to take other actions
necessary to finalize the settlement; authorizing the expenditure of funds therefor;
and declaring an effective date.
E. 2005-318 - An ordinance approving a Professional Services Agreement between
the City of Denton and Roland Jones for Juvenile Case Management Services in
the Denton Municipal Court; authorizing the expenditure of funds; and declaring
an effective date.
F. 2005-319 - An ordinance of the City of Denton, Texas amending the Denton
Comprehensive Plan to include the Open Space Concept Plan; and providing for
an effective date.
G. R2005-040 - A resolution establishing a standing committee of the City Council
of the City of Denton, Texas for the City Council Environment Committee;
appointing the initial members of the Committee; providing for retroactive
approval thereof; and providing for an effective date.
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October 18, 2005
Page 4
H. R2005-041 - A resolution establishing a standing committee of the City Council
of the City of Denton, Texas for the City Council Mobility Committee; appointing
the initial members of the Committee; and providing for an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
approving an Alternative Development Plan for an Environmentally Sensitive Area. The subject
property was generally located on the east side of Bonnie Brae, 1,300 feet west of US 377, and
2,800 feet south of Roselawn Drive. The Planning and Zoning Commission recommended
denial (7-0).
(ADP05-0004, Glenwood Meadows.
Kelly Carpenter, Director of Planning and Development, stated that this was the first alternative
development plan for an environmentally sensitive area. The parcel backed into Hickory Creek.
The applicant was proposing to reclaim 12.23 acres of undeveloped flood plain for the site. The
proposal deviated from the Code requirements relative to flood plain use. The applicant had
adequately addressed the deviations with proposed mitigation.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Wally Creel, Holigan Land Development ? favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-320
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
ENVIRONMENTALLY SENSITIVE AREA ALTERNATIVE DEVELOPMENT PLAN
FOR APPROXIMATELY 72.68 ACRES OF LAND GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST
FRONTAGE ROAD, WITHIN A NEIGHBORHOOD RESIDENTIAL (NR-6) ZONING
DISTRICT, LOCATED IN THE WILLIAM ROARK SURVEY AND THE J
EDMONDSON SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, AND AN EFFECTIVE DATE. (ADP05-0004)
Thomson motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins ?aye?,
McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?.
Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
approving an amendment to the Detailed Plan for Planned Development 173 (PD-173)
zoning district for approximately 7.54 acres to build Section 2 Detention Pond. The
subject property was generally located on the north side of Robson Ranch Road,
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October 18, 2005
Page 5
approximately 5,500 feet west of I-35 W. The Planning and Zoning Commission
recommended approval (7-0).
(Z05-0021, Robson Ranch Sec 2 (Detention Pond))
Kelly Carpenter, Director of Planning and Development, stated the proposal would add 7.54
acres in order to build the detention pond.
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. 2005-321
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED
DEVELOPMENT 173 (PD-173), A ZONING CLASSIFICATION AND USE
DESIGNATION ORIGINALLY ESTABLISHED BY ORDINANCE 2000-059, AND
CONTAINING APPROXIMATELY 2,725 ACRES IN TOTAL AREA, COMMONLY
KNOWN AS ROBSON RANCH, BY APPROVING AN AMENDMENT TO THE
DETAIL PLAN BY ADDING APPROXIMATELY 7.54 ACRES FOR A DETENTION
POND, THEREBY INCREASING THE AREA DEFINED BY THE VARIOUS
DETAIL PLANS AND AMENDMENTS FROM 1,372.67 ACRES TO 1,380.21
ACRES; 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 ESTABLISHING AN EFFECTIVE
DATE. (Z05-0021)
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins ?aye?,
McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?.
Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
approving the expansion of a Special Exception onto an adjoining lot being 2.18 acres zoned
Downtown Commercial-General (DC-G). The property was located adjacent to 524 Fort Worth
Drive, generally located 370' west of Ft. Worth Drive and 300' north of Lindsey Street. The
Planning and Zoning Commission recommended approval (7-0).
(Z05-0010, Payne Addition)
:.
NOTEA SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL
Kelly Carpenter, Director of Planning and Development Services, stated that there was a
provision in the Code that if a parcel had a legal use of land or structure at the time the Code was
adopted, that use could continue as a special exception. The Code provided a way to expand the
special exception in that it would be treated as though it were a zoning case. Although there was
opposition from only one property owner, that individual constituted a land area large enough to
require a super majority vote by council.
The Mayor opened the public hearing.
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October 18, 2005
Page 6
Council Member Kamp arrived at the meeting.
The following individual spoke during the public hearing:
Bill Payne spoke in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-322
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
EXPANSION OF A SPECIAL EXCEPTION ONTO AN ADJOINING LOT,
APPROXIMATELY 2.18 ACRES IN SIZE, AND GENERALLY LOCATED 370 FEET
WEST OF FORT WORTH DRIVE AND 300 FEET NORTH OF LINDSEY STREET
IN DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Z05-0010)
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock
?nay?. Motion carried with a 6-1 vote.
D. The Council held a public hearing and considered adoption of an ordinance
approving the rezoning of approximately 0.24 acres from Neighborhood Residential-3 (NR-3)
zoning district to Neighborhood Residential-6 (NR-6) zoning district with an overlay. The
property was located approximately 150 feet north of Grace Temple Avenue, to the east of
Fulton Street. The Planning and Zoning Commission recommended approval (6-1).
(Z05-0014,
414 Fulton)
Kelly Carpenter, Director of Planning and Development Services, stated the proposal bordered
an historic district but was currently not located in an historic district or conservation district.
The applicant proposed to rezone the property from RN-3 to RN-6 zoning to develop the site for
a duplex use. The proposed zoning and use was compatible with the surrounding neighborhood
development and with the Denton Plan. The Comprehensive Plan indicated that within
established residential areas, new development should respond to existing development with
compatible uses, patterns and design standards. It also encouraged a variety of housing in the
same neighborhood. She addressed the design of historic conservation district and standards as
noted in the development code.
Council discussion ?
It appeared that the owner was trying to put a string of duplexes together on the street.
No neighborhood meeting was held prior to the proposal being brought forward.
What was the total plan for the area?
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October 18, 2005
Page 7
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Eric Schmitz, Box 129, Argyle ? favor
Mary Anderson, 924 W. Oak, 76201, Denton ? opposed
Donna Morris, 918 W. Oak, Denton, 76201 ? opposed
Peggy Capps, 915 W. Oak, Denton, 76201 ? opposed
Steven Friedson, 2044 W. Oak, Denton, 76201 ? opposed
Elise Ridenour, 2044 W. Oak, Denton, 76201 - opposed
Mike Cochran, 610 W. Oak, Denton ? opposed
The Mayor closed the public hearing.
Thomson motioned, Kamp seconded to deny the rezoning. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock
?aye?. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City of Denton, Texas
authorizing the suspension of the effective date for the Gas Reliability Infrastructure Program
(?GRIP?) adjustments for calendar year 2004 proposed by Atmos Energy Corporation?s Mid-Tex
Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities
(?ATM?); authorizing the hiring of lawyers and rate experts; authorizing the City?s participation
to the full extent permitted by law at the Railroad Commission of Texas with regard to the Gas
Reliability Infrastructure Program adjustments for calendar year 2004 proposed by Atmos
Pipeline; requiring 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.
Ed Snyder, City Attorney, stated that the resolution would suspend the implementation of rates
and to join a coalition of cities known as Atmos Texas Municipalities.
The following resolution was considered:
NO. R2005-042
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
SUSPENSION OF THE EFFECTIVE DATE FOR THE GAS RELIABILITY
INFRASTRUCTURE PROGRAM (?GRIP?) ADJUSTMENTS FOR CALENDAR
YEAR 2004 PROPOSED BY ATMOS ENERGY CORPORATION?S MID-TEX
DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES
KNOWN AS ATMOS TEXAS MUNICIPALITIES (?ATM?); AUTHORIZING THE
HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY?S
PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE
RAILROAD COMMISSION OF TEXAS WITH REGARD TO THE GAS
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October 18, 2005
Page 8
RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR
YEAR 2004 PROPOSED BY ATMOS PIPELINE; REQUIRING 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.
Mulroy motioned, Kamp seconded to approve the resolution. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock
?aye?. Motion carried unanimously.
B. The Council considered approval of an exaction variance of Section 35.20.2.L.2
of the Denton Development Code concerning perimeter streets and Section 35.20.3.B of the
Denton Development Code concerning sidewalks. The 7.25 acres of land was located
approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion of the
Planning and Zoning Commission to recommend approval was defeated upon a tie vote (2-2).
(V05-0018, 920 Chiquita Street)
Kelly Carpenter, Director of Planning and Development Services, stated that the applicant
applied for a physical hardship variance and an exaction variance. The applicant requested a
variance from constructing the perimeter street and installing sidewalks. The owners wanted to
subdivide the lot into two lots for single-family residential use. The variance was requested both
as a physical hardship and an exaction variance to the Planning and Zoning Commission. Staff
recommended denial of both. The physical hardship variance failed to receive a motion or a
second, and the motion to recommend approval of the exaction variance failed on a 2-2 split
vote. The applicant requested Council to consider the exaction variance only. Carpenter
reviewed the Development Code requirements for a perimeter street and sidewalks plus the
City?s connectivity plan for Chiquita. Staff was suggesting that the applicant dedicate additional
right-of-way in lieu of the fair share payment that would be required. The applicant opted to not
accept either option identified by staff and to continue to pursue the exaction variance.
The following individuals submitted Speaker Cards:
Larry Reichhart, 2405 Mustang Drive, Grapevine, 76051 - favor
Vince Palasota, #4 Oak Forrest Circle, Denton, 76205 - favor
Gary Raines, 920 Chiquita, Denton, 76205 - favor
McNeill motioned, Montgomery seconded to grant the exaction variance as proposed and as
shown on the plan presented for a two-lot development.
Mulroy motioned, Kamp seconded to postpone consideration until the November 1, 2005
meeting in order to work out the details for the easements. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?nay? and Mayor Brock
?aye?. Motion carried 6-1.
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October 18, 2005
Page 9
C. The Council considered adoption of an ordinance of the City of Denton, Texas,
denying the petition of JNC Partners Denton, LLC dated October 4, 2005 for inclusion in a three-
year annexation plan related to Annexation Case No. A05-0002; and providing an effective date.
Kelly Carpenter, Director of Planning and Development Services, stated that staff recommended
denial of the petition for inclusion in the 3-year annexation plan related to annexation case No.
A05-0002. Reasons for the denial included (1) the annexation area consisted primarily of vacant
or sparsely settle land, (2) contained not more than 61 parcels that were occupied by one or more
dwelling units, (3) the City had not annexed any land since December 31, 2002, except by
consent of the property owners, and (4) the City did not propose to separately involuntarily
annex two or more areas containing 100 or more separate tracts of land on which one or more
residential dwellings were located on each tract.
Matthew Miller, Hughes and Luce, spoke on the proposed ordinance. He suggested Council
consider tabling consideration of the ordinance due to inefficiencies in ordinance. The service
plan was not sufficient for several reasons. (1) The Police Chief had recommended 5 new
officers and 5 new cars in the proposed annexed area. The annexation plan provided for no
additional police personnel. (2) The library services recommended an additional $150,000 to
fund library services to people who would be annexed which was not recommended in the
annexation plan. (3) The annexation plan stated that the owner would have to pay for capital
improvements in the area that was in conflict with the Local Government Code. The Plan also
stated that there were good and sufficient reasons for annexation. He requested that those
reasons be listed. He also took exception to the indication that the area was primarily
unoccupied vacant ranch land as the land was scheduled for a mixed-use land development.
Hughes and Luce was open to a negotiated settlement with the City, the affected landowners and
their clients related to the annexation that would give the City its desired control of the land
development, that would satisfy the current land owners, and would give the developer the
development they would like to pursue.
The following ordinance was considered:
NO. 2005-323
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE PETITION
OF JNC PARTNERS DENTON, LLC DATED OCTOBER 4, 2005 FOR INCLUSION
IN A THREE-YEAR ANNEXATION PLAN RELATED TO ANNEXATION CASE
NO. A05-0002; AND PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock
?aye?. Motion carried unanimously.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
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October 18, 2005
Page 10
Mr. Hudspeth was not at the meeting.
B. Dr. John Paul Eddy regarding a no smoking ordinance for
restaurants and bars in Denton.
Dr. Eddy stated that he would like to see the City support a no-smoking ordinance for public
places.
E. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Heggins requested a discussion as soon as possible to change the
name of Morris Street to Martin Luther King, Jr. Street.
2. Mayor Brock asked again about a field trip to Farmers Branch looking that their
revitalization projects.
F. Items from the City Manager
City Manager Conduff did not have any items for Council.
G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
H. The following official action was taken on Closed Meeting Item(s) under Sections
551.071-551.086 of the Texas Open Meetings Act.
McNeill motioned, Mulroy seconded that the City Council ratify and approve the notices
previously sent by the Council Appointee Performance Review Committee to the City Manager
and Municipal Court Judge that their existing contracts would not be automatically renewed and
that new contracts would be negotiated. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill
?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
With no further business, the meeting was adjourned.
____________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS