December 12, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 12, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 12, 2006 at 5:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. The Council received a report, deliberated and gave direction regarding the use of the
City logo, letterhead, proclamations, and consideration of amendments to the City Council Rules
of Procedure and Ethics Policy.
City Attorney Snyder stated that the Ethics Committee had met twice on this issue. It originally
met in August after the Mayor brought up the issue of the use of city letterhead and when it was
appropriate to use the letterhead. A separate issue was discussed on the extent of committee
chairs using city letterhead. There were instances where the Mayor might send an endorsement
for a charitable or public purpose event on city letterhead. The Committee recommended that
the Mayor instead issue a proclamation in conjunction with the event rather than use city
letterhead. As the Mayor was the honorary spokesperson for the city per the Charter, a
proclamation would carry more weight. There may be a need to clarify the practice of the Mayor
issuing proclamations outside city council meetings.
Mayor McNeill stated that from time to time each council member was requested to respond to
an event. He felt the Council should be able to use the letterhead when appropriate.
Council discussed various situations when the city letterhead might be used and when it would
be appropriate. The use of the city letterhead implied city endorsement of that event. In some
circumstances individual council members might disagree with the Mayor on the issuance of the
proclamation. Appropriate uses of council stationary and business cards would be for official
business only such as congratulatory notes, thank you notes and notes of condolence.
Consensus of the Council was that committee chairs could use city letterhead for city business
but not to say the letter was on behalf of the Council if it had not already been endorsed by
Council. The letter might be phrased to indicate that the committee was going to recommend
action to Council.
2. Staff responded to requests for clarification of consent agenda items listed on the Consent
Agenda for December 12, 2006.
Mayor McNeill reminded Council to call in advance if anyone had concerns with Consent
Agenda items.
Deputy Mayor Pro Tem Mulroy expressed a concern regarding Item I dealing with speed limits.
He was concerned about the proposed speed limit on west Highway 380. He was not in favor of
raising the speed limit in the area of Highway 380 and Masch Branch Road. He requested that
the item be pulled for separate consideration.
City of Denton City Council Minutes
December 12, 2006
Page 2
City Manager Campbell stated that staff had addressed the issue with TxDot. If Council
disagreed with the proposed speeds and did not approve them, TxDot could pass a minute order
which the city would have to enforce.
Frank Payne, City Engineer, suggested modifying the ordinance to omit that one section and
adopt all the other recommended speed limits. TxDot would then have to overrule the city to
adopt the higher speed. The section of Highway 380 under question would remain at the current
speed limit until TxDot overrode the limit to a higher limit.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
Council convened at 6:06 p.m. in Closed Session
A. Consultation with Attorney – Under TEXAS GOVERNMENT CODE
Section 551.071.
1. Consultation with the city’s attorneys regarding the pending
contractual dispute by and between the City of Denton, Texas and
Waukesha Electrical Systems, Inc. and discuss settlement of such
dispute; provide staff with direction.
2. Consultation with the City’s attorneys regarding legal issues,
including defense of pending litigation filed by JNC Denton
Partners, LLC, associated with annexation of real property in the
City’s northern ETJ, under annexation case no. A05-0002, along
with other legal issues related to the annexation, zoning, land use
and subdivision controls, plat applications, annexation plans,
development agreements, annexation agreements, service plans,
utility service, and legal issues relating to the creation of special
districts in the ETJ requested by JNC and White Cake Denton, L.P.
A public discussion of these legal matters would conflict with the
duty of the City’s attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of
Texas or would jeopardize the City’s legal position in any
administrative proceedings or potential litigation.
Council ended the Closed Session at 6:27 p.m.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, December 12,
2006 at 6:30 p.m. in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
Council and members of the audience recited the Pledge of Allegiance to the U. .S. and Texas
flags.
City of Denton City Council Minutes
December 12, 2006
Page 3
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor McNeill presented a proclamation for Police Appreciation Day.
B. November Yard of the Month Awards
Mayor McNeill presented November Yard of the Month Awards to:
Jacqui and Stanley Bode
Ed Denny
John and Susan Porter
Bill and Linda Benton
Texas Workforce Commission
3. CONSENT AGENDA
Robert Donnelly submitted a speaker card regarding Item 3U. He questioned if the city had
overridden the DCTA’s location for the rail station.
Mayor Pro Tem Kamp stated that there were issues with property owners and that Council did
not override DCTA as no formal selection had been made.
Deputy Mayor Pro Tem Mulroy requested that Item I be pulled for separate consideration.
Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with exception of Item I. On roll vote, Heggins “aye”, Kamp “aye”,
McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
Item I was considered.
Mulroy motioned, Thomson seconded to approve Item I with a deletion of subsection 18A and
B. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”,
Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
A. R2006-040 - A resolution consenting to the exercise of the power of eminent
domain in the City of Denton by the Upper Trinity Regional Water District for the
Shady Shores Road Treated Water Pipeline Replacement Project.
B. R2006-041 - A resolution of the City Council of the City of Denton, Texas,
ratifying and confirming the acceptance of an approximate 3.814 acre of
dedication fee land as shown on the plats of Lowes Addition, Lot 1, Block 1, an
addition to the City of Denton, Texas, according to the plat and replat thereof
recorded in Cabinet M, Page 8 and Page 235 of the Plat Records of Denton
County, Texas.
City of Denton City Council Minutes
December 12, 2006
Page 4
C. R2006-042 - A resolution by the City Council of the City of Denton relating to
the issuance of bonds by North Texas Higher Education Authority, Inc.;
approving the issuance of such bonds and the use of the proceeds of such bonds;
and making certain findings in connection therewith.
D. Approved the minutes of:
November 7, 2006
November 14, 2006
November 15, 2006
E. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1.Mason, Ralph L. Duplicate Payment 2005$2,945.03
2. Freebourn, Royce & Rosemarie Duplicate Payment 2003 $2,364.22
3.First American/McElhaney, Dale & Erroneous Payment 2004$1,021.64
Marcie
F. 2006-326 - An ordinance of the City of Denton approving a Pipeline Crossing
Agreement between the Union Pacific Railroad Company (“UPRR”), and the City
of Denton relating to the encroachment of a 16 inch water pipeline, crossing an
existing UPRR right-of-way at Mile Post 723.02 as part of the Meadows at
Hickory Creek development public improvements, located in the W. Roark
Survey Abstract Number 1087, City of Denton, Denton County, Texas. The
Public Utilities Board recommended approval (5-0).
G. 2006-327 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Ambulance Agreement between the City of
Denton and Denton County for ambulance services; and declaring an effective
date.
H. 2006-328 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Fire Protection Agreement between the City of
Denton and Denton County for fire protection services; and declaring an effective
date.
I. 2006-329 - An ordinance of the City of Denton, Texas, amending Chapter 18 of
the Code of Ordinances by amending Section 18-73 to establish speed zones on
FM 1515/Airport Road, FM 1830/Country Club Road, and US 380/University
Drive; altering the prima facie speed limits established for vehicles under the
provision of Transportation Code, Section 545.356 upon these streets, within the
incorporate limits of the City of Denton; providing a penalty not to exceed
$200.00 unless the violation occurs in a work zone and then the penalty shall not
exceed $400.00; providing a severability clause; providing a repealing clause;
providing for publication; and declaring an effective date. The Traffic Safety
Committee recommended approval (6-0).
City of Denton City Council Minutes
December 12, 2006
Page 5
J. 2006-330 - An ordinance of the City of Denton, Texas amending the provisions of
Chapter 6 relating to animals by amending Section 6-2 to include bats in the
definition of prohibited animals and include a definition for tethering; by
amending Section 6-6 to provide that the animal shelter employee shall work for
the City of Denton Animal Shelter; by amending Section 6-8 to place limitations
on tethering animals; by amending Sections 6-13, 6-14 and 6-17 to reflect
changes in state law regarding rabies vaccination requirements; by amending
Section 6-14 to waive registration fees for animals which are sterilized and
microchipped; by amending Section 6-16 to reduce the holding period for
protective custody impounds from 7 days to ninety-six (96) hours; by amending
Section 6-30 to allow for impoundment of prohibited animals and to establish
time frames for redemption or disposition of the prohibited animal; providing for
a severability clause; providing a repealer clause; providing a savings clause;
providing for a penalty not to exceed $500 for violations of this ordinance; and
providing for an effective date.
K. 2006-331 - An ordinance amending Ordinance No. 2005-343 to increase the
registration fee for dogs and cats, to establish an exemption from the registration
fee for sterilized and microchipped animals, to establish the same daily handling
fee for the first day an animal is handled and any subsequent, to increase the fee
for disposing of dead animals, to simplify the animal euthanasia fee section by
removing the sections regarding burial boxes and cremation urns pursuant to
Chapter 6 of the Code of Ordinances of the City of Denton, Texas; providing that
a schedule of fees shall be maintained on file in the office of the City Secretary; a
severability clause; providing a savings clause; and providing an effective date.
L. 2006-332 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of automatic throw over switches PME 9 configuration,
for Denton Municipal Electric; providing for the expenditure of funds therefor;
and providing an effective date (Bid 3626 – Annual Contract for ATO Switch
PME-9 Configuration awarded to the lowest responsible bidder, HD Supply, in
the estimated cumulative annual amount of $100,270). The Public Utilities
Board recommended approval (5-0).
M. 2006-333 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Traffic Signal Poles for the City of Denton Traffic
Division; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3625 – Annual Contract for Traffic Signal Poles awarded to
the lowest responsible bidder, Structural and Steel Products, Inc. in the estimated
cumulative annual amount of $323,658).
N. 2006-334 - An ordinance authorizing the City Manager to accept an Interlocal
Agreement with the Lower Colorado River Authority (LCRA) to authorize
participation in various LCRA contracts for the purchase of various goods and
services; authorizing the expenditure of funds therefore; and declaring an
effective date (File 3623 – Interlocal Agreement with the Lower Colorado River
Authority).
City of Denton City Council Minutes
December 12, 2006
Page 6
O. 2006-335 - An ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to the Lower Colorado River Authority (LCRA) for providing
energy transmission services to the City of Denton; and providing an effective
date (File 3638 – 2006 Electrical Energy Transmission Fees-Lower Colorado
River Authority in the approximate amount of $142,906). The Public Utilities
Board recommended approval (5-0).
P. 2006-336 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Cook Street Waterline and Repaving Project
for the City of Denton; providing for the expenditure of funds therefore; and
providing an effective date (Bid 3586 – Cook Street Waterline and Repaving
awarded to Jagoe Public Company in the approximate amount of $178,599.50).
Q. 2006-337 - An ordinance authorizing the City Manager or his designee to execute
a professional services agreement with the firm of Arthur Surveying Co., Inc. to
provide professional surveying services in support of the City of Denton
Engineering Department; authorizing the expenditure of funds therefore and
providing an effective date (PSA 3219 – in an amount not to exceed $250,000).
The Public Utilities Board recommended approval (5-0).
R. 2006-338 - An ordinance approving the expenditure of funds for the purchase of
radio system upgrade for the Motorola 800MHz radio system utilized by the City
of Denton Police, Fire and Utility Dispatch Departments 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 3670
– Purchase of Radio System Upgrade for Police, Fire and Utility Dispatch
awarded to Motorola Inc. in the approximate amount of $132,458.53).
S. 2006-339 - An ordinance of the City of Denton, Texas accepting competitive bids
and awarding a best value contract for the purchase of one 150 MVA, 138kV to
69kV transformer for Denton Municipal Electric; authorizing the expenditure of
funds therefor; and providing an effective date (Bid 3606 – Best Value Bid for
90/120/150 Autotransformer with LTC awarded to Siemens Power Transmission
in an amount not to exceed $1,991,000). The Public Utilities Board recommended
approval (5-0).
T. 2006-340 - An ordinance of the City of Denton, Texas approving an Interlocal
Cooperation Agreement by and between the City of Denton, Texas and the City of
Highland Village, Texas to provide gas well inspections services; and providing
an effective date. The Public Utilities Board recommended approval (5-0).
U. 2006-341 - An ordinance approving a Memorandum of Understanding between
the City of Denton and the Denton County Transportation Authority regarding the
development of the Downtown Denton Transit Center for the purpose of
enhancing the public transit system and providing a safe and secure place to make
transit connections, and providing an effective date. The Mobility Committee
recommended approval (2-0).
City of Denton City Council Minutes
December 12, 2006
Page 7
V. 2006-342 - An ordinance authorizing the acquisition through agreement or
eminent domain of an approximate twenty-five foot wide utility easement, and an
approximate twenty-five foot wide temporary construction easement for the
Robson Ranch Water Project generally located in the E. Pizano Survey, Abstract
Number 994, and the B. B. B. and C. R. R. Co. Survey, Abstract Number 158,
Denton County, Texas; and providing an effective date.
W. 2006-343 - An ordinance of the City of Denton, Texas, authorizing the City of
Denton, Texas to advance additional funds to the Texas Department of
Transportation pursuant to the two advanced funding agreements previously
executed, approved and in place for utility relocation contributions on state
highway improvement projects, such agreements being executed and approved by
the City of Denton and the Texas Department of Transportation; authorizing the
expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommended approval (5-0).
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting approval of a subsurface use of a portion of the Denton Branch Rail/Trail adjacent to the
south side of Shady Shores Road at Mile Post 726.9 for the purpose of a public utility easement
in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the public
utility easement; and providing an effective date. The Parks, Recreation and Beautification
Board recommended approval (5-0).
Bob Tickner, Superintendent of Parks and Recreation, indicated that the Denton County
Transportation Authority had requested using a portion of the Rail/Trail for a water line. A
public hearing was required any time park land was used for something other than recreation and
no other feasible uses were available for the property. This would be a subsurface use with no
disturbance of the ground.
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. 2006-344
AN ORDINANCE GRANTING APPROVAL OF A SUBSURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL/TRAIL ADJACENT TO THE SOUTH
SIDE OF SHADY SHORES ROAD AT MILE POST 726.9 FOR THE PURPOSE OF A
PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE PUBLIC UTILITY
EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
December 12, 2006
Page 8
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
B. The Council held a public hearing and considerer adoption of two proposed
amendments to the Denton Mobility Plan. The proposed amendments were designed to improve
circulation and connectivity.(CA06-0004) The Planning and Zoning Commission
recommended approval (6–0).
Frank Payne, City Engineer, stated that in September of 2006, Council approved 13 of 17
proposed Mobility Plan amendments, tabling the remaining four to be brought back to Council
after further analysis and additional public meetings. After a public meeting with the property
owners, staff was recommending that Amendment #2 Mills Extension (west) be removed from
further consideration. Amendment #4-Milam Road-was presented with the same
recommendation as previously presented. Amendment #8-Mayhill Road Realignment was
recommended to be removed from consideration and be brought back at a later time after a new
realignment was identified and a public meeting held. Amendment #12-Creekdale to Ryan Road
was being recommended to Council as it was previously presented.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
George Calhoun, 321 N. Mayhill, Denton, 76208 – thanks for removing Mayhill
Shawn Carter, 6572 Ganzer Road, Denton 76207
A comment card was submitted by Roger Hill, 2201 Creekdale, Denton, 76210 in opposition to
the ordinance.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-345
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON,
TEXAS, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(CA06-0004)
Kamp motioned, McElroy seconded to adopt the ordinance, adding that a developer could apply
for a Mobility Plan amendment if he had a problem with the proposed plan. On roll vote,
Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”
and Mayor McNeill “aye”.Motion carried unanimously.
City of Denton City Council Minutes
December 12, 2006
Page 9
C. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit (SUP) for gas well drilling and production. The approximately
22-acre site was located within a Neighborhood Residential 4 (NR-4) zoning district. The
property was located on the south side of Ryan Road approximately 1,500 feet west of Teasley
Lane.(S06-0001) The Planning and Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that the request was for a
specific use permit for a gas well south of Ryan Road and west of Teasley Lane. As the current
zoning was Neighborhood Residential-4, a specific use permit was required as gas wells were
allowed only in Neighborhood Residential-1 and Neighborhood Residential-2 zoning districts.
The future land use for the property was designated as a neighborhood center. This would be
one of three well sites to be developed in the area. The Planning and Zoning Commission
recommended approval with the conditions that ingress and egress to the site be from Ryan Road
instead of the residential collector Creekdale Road, the well operator install a stockade-style
fence constructed on steel posts around the site to screen the site, and development and operation
of the well would be in accordance with the site plan on file in the Planning Department.
The Mayor opened the public hearing.
Bill Coleman was available for questions on behalf of the applicant.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-346
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 22
ACRES OF LAND GENERALLY LOCATED WEST OF HICKORY CREEK
HEIGHTS SUBDIVISION, AND SOUTH OF RYAN ROAD, LEGALLY DESCRIBED
AS TRACT 4, OF THE E. PICKETT SURVEY, ABSTRACT NUMBER 1018, IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; WITHIN A NEIGHBORHOOD
RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (S06-0001)
McElroy motioned, Heggins seconded to adopt the ordinance with the inclusion of the Planning
and Zoning Commission recommendations. On roll vote, Heggins “aye”, Kamp “aye”, McElroy
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion
carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit (SUP) for gas well drilling and production. The 4.245-acre site
was located within a Neighborhood Residential 6 (NR-6) zoning district. The property was
located on the south side of Ryan Road approximately 2,350 feet west of Teasley Lane. (S06-
0002) The Planning and Zoning Commission recommended approval (7-0).
City of Denton City Council Minutes
December 12, 2006
Page 10
Brian Lockley, Interim Director of Planning and Development, stated that this was another
specific use permit for a gas well facility to be located south and west of the prior proposal. The
site was located in a Neighborhood Residential-6 zoning district, which was allowed but only
with a specific use permit. The Planning and Zoning Commission recommended approval with
the conditions that the ingress and egress to the site be from Ryan Road instead of the residential
collector Creekdale Road and development and operation of the site would be in accordance with
the site plan on file in the Planning Department.
The Mayor opened the public hearing.
Bill Coleman, representing the petitioner, was available for questions. He indicated that the site
would use the same access road as the prior item. No trees would be removed for access to the
site.
Deputy Mayor Pro Tem Mulroy stated that the ingress/egress would only be from Ryan Road
with no access from Creekdale.
Coleman stated that the three sites were connected by network with two of the sites only using
Ryan Road for access.
The Mayor closed the public hearing.
The following ordinance was considered:
2006-347
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 4.245
ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF RYAN
ROAD, APPROXIMATELY 2,350 FEET WEST OF TEASLEY LANE, LEGALLY
DESCRIBED AS A PORTION OF BLOCK A, LOT 1 OF THE LAKE FOREST GOOD
SAMARITAN ADDITION, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0002)
Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor
McNeill “aye”. Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
amending an Alternative Development Plan (ADP) for an Environmentally Sensitive Area
(ESA). The amendment would allow the removal of 4,063 square feet (0.09 acres) of designated
mitigation area for Upland Habitat and replace it with 6,716 square feet (0.15 acres) of property
to be designated as Upland Habitat mitigation area. The 133.5-acre site was located south of
City of Denton City Council Minutes
December 12, 2006
Page 11
Interstate 35 East along both sides of Wind River Lane. (ADP06-0015) The Planning and
Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that this proposal would
amend a previously adopted ADP. A medical office park was in the process of being developed.
In order to complete the design, an amendment to the ADP was necessary with a transfer of one
area to another larger area of upland habitat.
The Mayor opened the public hearing.
Paul McCracken, representing the applicant, requested approval due to the proposed
development.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-348
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AMENDMENT TO ORDINANCE 2006-138, AN ENVIRONMENTALLY SENSITIVE
ALTERNATE DEVELOPMENT PLAN FOR APPROXIMATELY 71.01 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF I-35 EAST, SOUTH OF WIND RIVER
BOULEVARD AND WEST OF UNICORN LAKE BOULEVARD, WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU-12) ZONING DISTRICT
AND A NEIGHBORHOOD RESIDENTIAL -2 (NR-2) ZONING DISTRICT, AND
LEGALLY DESCRIBED AS WITHIN THE M.E.P AND P.R.R. SURVEY,
ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY . TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (ADP 06-0015)
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor
McNeill “aye”. Motion carried unanimously.
F. The Council held the first of two public hearings to consider the voluntary
annexation and service plan for approximately 1,199 acres and consisting of three tracts. The
property to be annexed was generally located in the north central area of the City of Denton's
extraterritorial jurisdiction north of Loop 288 and West of FM 2164 (Locust Street). (A06-0005,
Hills of Denton) The Planning and Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary
annexation consisting of three tracts. There were no current residents on the property. The
Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Art LaSalle, 2055 Chinn Road, Denton, 76207 spoke during the public hearing. He questioned
the infrastructure for water and sewer and any future plans to annex any other areas.
City of Denton City Council Minutes
December 12, 2006
Page 12
The Mayor closed the public hearing.
No action was required at this time.
G. The Council held a public hearing and considered adoption of an ordinance
amending Subchapter 12 of the Denton Development Code relating to accessory structures and
minimum floor area requirements. (DCA05-0015) The Planning and Zoning Commission
recommended approval (7–0).
Brian Lockley, Interim Director for Planning and Development, stated that Section 35.12 of the
Development Code provided for the standards for accessory structures that were in conflict with
other sections of the Code. The conflicts centered on the percentage that an accessory structure
or guest house could represent of the principal structure.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed public hearing.
The following ordinance was considered:
2006-349
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTERS 35.12 AND 35.23 OF THE DENTON DEVELOPMENT CODE,
PERTAINING TO ACCESSORY STRUCTURES AND MINIMUM FLOOR AREA
REQUIREMENTS; PROVIDING FOR A PENALTY CLAUSE WITH THE
MAXIMUM AMOUNT OF $2.000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0015)
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor
McNeill “aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance approving an Interlocal
Cooperation Agreement between the City of Denton and Denton County for the construction of
Metro Street from Interstate Highway 35 West (IH35W) service road west to Corbin Road and
Corbin Road north of its intersection with Metro Street to F.M. 1515; and providing an effective
date.
Frank Payne, City Engineer, stated that this ordinance was for an interlocal agreement with
Denton County for the construction of Metro Street from the I35W service road to Corbin Road
and Corbin Road north to intersection with Metro Street and FM 1515.
City of Denton City Council Minutes
December 12, 2006
Page 13
The following ordinance was considered:
NO. 2006-350
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
CONSTRUCTION OF METRO STREET FROM INTERSTATE HIGHWAY 35 WEST
(IH35W) SERVICE ROAD WEST TO CORBIN ROAD AND CORBIN ROAD
NORTH OF ITS INTERSECTION WITH METRO STREET TO F.M. 1515; AND
PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
B. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Robert Donnelly regarding development.
Mr. Donnelly stated that the off-site drainage was finally completed on the development next to
his property. The pipe material used conflicted with the drainage criteria manual and the Code.
He felt the pipe was not to code and should have been concrete rather than pipe. He reviewed
pictures of the area with drainage problems, which showed silt coming into his pond. He stated
that with the passage of regulations came the responsibility to enforce them.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudsepth was not present.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth presented a video from a portion of a Dr. Martin Luther King, Jr. speech and from
the Fort Worth Fire Department Chief interview. She also showed a portion of an interview with
Chief Chadwick regarding African American firefighters in Denton.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth commented on the size of the Consent Agenda and the placement of the smoking
canister. He commented on the issue of no Black firefighter working for the City of Denton.
F. Nell Yeldell regarding false claims.
City of Denton City Council Minutes
December 12, 2006
Page 14
Ms. Yeldell was not present at the meeting.
C. New Business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Heggins asked staff to look into regulations for portable
basketball hoops in the street.
B. Mayor McNeill requested staff to review the criteria manuals for other conflicts
with the Development Code.
C. Deputy Mayor Pro Tem Mulroy requested staff meet with Mr. Donnelly for a list
of potential violations of the Code that affect his property in order to try and resolve those issues.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences.
2. Clarification of items on the agenda.
3. Response to past citizen inquiries.
City Manager Campbell did not have any items for Council.
E. Possible Continuation 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 8:10 p.m.
_________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
___________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS