Minutes October 4, 2005
CITY OF DENTON CITY COUNCIL MINUTES
October 4, 2005
After determining that a quorum was present, the City Council convened in a Regular Meeting
on Tuesday, October 4, 2005 at 2:00 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
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 Fire Prevention Week.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?,
Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
A. 2005-304 - An ordinance of the City Council of the City of Denton, Texas,
approving the guidelines for the and eligibility
Rental Rehabilitation Program
criteria; authorizing expenditures in excess of $25,000 for projects meeting the
program guidelines and criteria; and providing for an effective date.
B. 2005-305 - An ordinance of the City Council of the City of Denton, Texas,
approving guidelines for operation of the and
Home Improvement Program
eligibility criteria; authorizing expenditures in excess of $25,000 for projects
meeting program guidelines and criteria; and providing for an effective date.
C. 2005-306 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of electric distribution cables for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3365 ? Three Year Contract for Purchase of Electric
Distribution Cables awarded to the lowest responsible bidder for each item,
Techline, Inc., in the annual estimated amount of $848,665).
D. 2005-307 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of corrugated metal pipe for the Street Department;
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October 4, 2005
Page 2
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3387 ? Annual Contract for Corrugated Metal Pipe awarded to Contech
Construction Products, Inc., in the estimated amount of $100,000).
E. 2005-308 - An ordinance accepting competitive bids and awarding a contract for
the purchase of electric rubber termination and separable goods and accessories
for Denton Municipal Electric; providing for the expenditure of funds therefor;
and providing an effective date (Bid 3388 ? Two Year Contract for Electric
Rubber Insulated Termination and Separable Goods and Accessories awarded to
the lowest responsible bidder, Techline, Inc., in the annual estimated amount of
$100,000).
F. 2005-309 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of hot mix asphalt concrete for the City of Denton Street
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3393 ? Annual Contract for Hot Mix Asphalt Concrete
awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in
the annual estimated amount of $1,000,000).
G. 2005-310 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the off site purchase
of motor fuels; providing for the expenditure of funds therefor; and providing an
effective date (File 3389 ? Interlocal Agreement for Remote Site Fuel Purchase
with Tarrant County, contract awarded to Barney Holland Oil Co. dba
Fuelman/Gascard of DFW in the amount of $135,000).
H. 2005-311 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton, Texas and GCBSXX LLC on
approximately 0.7805 acre of land at the Denton Municipal Airport; and
providing an effective date. The Airport Advisory Board recommended approval
(7-0).
I. Approved a request for an exception to the Noise Ordinance for the purpose of
?The Beast and the Freaks Halloween Bash?, sponsored by the N2Deep Bucking
Bulls. The event would take place at the North Texas Fairgrounds on Saturday,
October 29, 2005, from 7:00 p.m. to 12:30 a.m. The exception was specifically
requested for an exception of hours of operation for an outdoor music concert.
J. Approved a request for an exception to the Noise Ordinance for the purpose of
?The Jesus Event?, sponsored by the El Shaddai Ministry. The event would take
place at the Fred Moore Park on the following Sundays: October 9, 2005 and
November 6, 2005, from 6:00 p.m. to 9:00 p.m. The exception was specifically
requested for an exception of hours of operation for amplified music on Sundays.
K. 2005-312 - An ordinance of the Council of the City of Denton, Texas approving
and adopting the ?Denton Municipal Electric ? Electric Service Standards?
regarding the City?s municipally-owned electric utility; providing for a repealer;
providing for a severability clause; and providing for an effective date. The
Public Utilities Board recommended approval (4-0).
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Page 3
L. 2005-313 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement for
Architectural or Engineering Services by and between the City of Denton, Texas
and Teague Nall and Perkins, Inc. for Channel Improvements to an unnamed
tributary of Pecan Creek at Morse Street, also known as the Morse Street
Drainage Channel Improvements Project; providing for the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board
recommended approval 4-0.
M. R2005-036 - A resolution allowing Metzler?s Food and Beverage to be the sole
participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on
October 8, 2005, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
providing for an effective date.
4. PUBLIC HEARINGS
A. The Council held the first of two public hearings to consider the involuntary
annexation and service plan for approximately 5,800 acres. The property to be annexed was
generally located in the northeastern area of the City of Denton?s Extraterritorial Jurisdiction
(ETJ).
(North Denton Annexation, A05-0002)
Kelly Carpenter, Director of Planning and Development, stated that the proposed annexation
involved 5,800 acres. She reviewed the annexation schedule of announcements of intent to
annex the proposed property. Residential units and small businesses were in the proposed area.
This was an involuntary annexation with 11 letters of opposition as of this time. The Planning
and Zoning Commission had considered the proposal in a work session and was scheduled for
public hearing on October 12, 2005.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Betty Hilton, 5575 Green Valley Circle, Aubrey, 76226 - opposed
Lisa Jenkins, 3419 Sauls Road, Aubrey, 76227 - opposed
John Johnson, 1517 Linden Drive, Denton, 76201 - against as presented
Bessie Lou Dobson, 5547 Woodland Hills Drive, Denton, 76208 - opposed
James Whitlock, 4697 Warschun Road, Aubrey, 76227 - opposed
Wade Owen, 7533 Somerset Lane, Aubrey, 76227 - opposed
Walter Warschun, 2702 Warschun Road, Aubrey, 76227 - opposed
Harry Coulter, 9267 Lake Ray Roberts Dam Road, Aubrey, 76227 - opposed
David Waller, 2709 Pin Oak Lane, Arlington, 76012 - opposed
Buddy Dobson, 5547 Woodland Hills Drive, Denton, 76208 - opposed
Glenna Allen, 9651 FM 2153, Aubrey, 76227 - opposed
Harry Down, 9325 FM 428, Aubrey, 76227 ? opposed
Misty Ventura, Hughes and Luce, representing Craver Ranch - opposed
Walter Ray, 10744 FM 428, Aubrey, 76227 - opposed
Merwyn Lynch, 5437 Green Valley Circle, Aubrey, 76227 - opposed
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Ron Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed
Mark Hannah, 3517 Bentley Court, Denton, 76210 - opposed
Darrel Rundus, 7617 FM 428, Denton, 76201 - opposed
Katy Klinke, 7024 Burger Road, Aubrey, 76227 - opposed
Thomas Hutson 3428 Sauls Road, Aubrey
Mary Craver Denny, 8684 FM 2153, Aubrey, 76227 - neutral as JNC Properties was in
default on note payment to her at this time
Sharon Riddle, 5525 Woodland Hills Drive, Denton, 76208 - opposed
Todd Harkey, Burger Road, Aubrey, 76227 ?opposed
The Mayor closed the public hearing.
The following individuals submitted Comment Cards:
Misti Simms, 6075 Green Valley Circle, Aubrey, 76227 - opposed
Sandy McBurnett, 9495 FM 428, Aubrey, 76227 - opposed
Sam McBurnett, 4742 Warschun Road, Aubrey, 76227 - opposed
Emma Bingham, 5589 Green Valley Circle, Aubrey, 76227 - opposed
Ray and Joyce Lynch, 5475 Green Valley Circle, Aubrey, 76227 - opposed
Wanda Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed
Larry and Lisa Allen, 5548 Woodland Hills, Denton, 76208 - opposed
Shirley Harris, 7056 Burger Road, Aubrey, 76227 - opposed
Mary and Gary Ewert, 5953 Tom Maxwell Road, Aubrey, 76227 - opposed
Debbie Terrill, 3891 Warschun Road, Aubrey, 76227 - opposed
Sharon Copeland, 1593 Shepard Road, Sanger, 76266 - opposed
There was no action required for this item.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution nominating members to the
Board of Directors of the Denton Central Appraisal District; and declaring an effective date.
Diana Ortiz, Chief Financial Officer, stated that the resolution would nominate members to the
ballot for the Board of Directors of the Denton Central Appraisal District.
The following resolution was considered:
NO. R2005-037
A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF
THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
McNeill motioned, Thomson seconded to nominate Rick Woolfolk and Charles Stafford. On roll
vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson
?aye? and Mayor Brock ?aye?. Motion carried unanimously.
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October 4, 2005
Page 5
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the Assistant City Manager for Utilities to execute two Advance Funding
Agreements for Voluntary Utility Relocation Contributions on State Highway Improvement
Projects by and between the City of Denton, Texas and the Texas Department of Transportation;
authorizing the expenditure of funds therefor; and providing an effective date. (Loop 288
Widening from Hwy 380 to I-35E)
Frank Payne, City Engineer, stated that the agreements would allow for voluntary utility
relocation for two advance funding agreements.
The following ordinance was considered:
NO. 2005-314
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
ASSISTANT CITY MANAGER FOR UTILITIES TO EXECUTE TWO ADVANCE
FUNDING AGREEMENTS FOR VOLUNTARY UTILITY RELOCATION
CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Heggins 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.
C. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Mulroy requested a public hearing on the Safety Kleen
permitting process.
2. Council Member Kamp requested an update on the code enforcement issues and
accompanying ordinances.
D. 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.
E. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
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F. 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 3:30 p.m.
_______________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
_______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS