November 6, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
November 6, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
.
Tuesday, November 6, 2007 at 4:00 p.min the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Montgomery, Thomson, and Watts.
ABSENT: Council Member Heggins
1.Staff responded to requests for clarification of agenda items listed on the agenda for
November 6, 2007.
2.The Council received a report, held a discussion and gave staff direction regarding a
proposed resolution to facilitate certification of a Municipal Setting Designation for property
located at the southwest corner of Interstate 35 and Highway 380.
Kenny Banks, Environmental Quality Manager, presented information on the location of the
property. It currently was contaminated with municipal solid waste and the applicant was
seeking approval of a resolution in support of the MSD designation. This was part of the
requirements of TCEQ to process the application for the MSD. The site was formerly an
undesignated dumping location with a pond which was filled in over the years. Banks indicated
that the MSD was used in cases where designated groundwater was not currently used for
potable water and would not likely be used in the future. This was a less expensive and faster
alternative to the existing regulations concerning groundwater. The applicant would still have to
go through a voluntary cleanup program with the TCEQ. Without the MSD designation, the site
would have to meet groundwater ingestion standards. The TCEQ did have the power to stop the
process if it felt it was necessary for the ground water concentration levels. Enforcement of the
provisions of the MSD included the State could revoking the MSD, the City enforcing its water
well drilling restrictions through the Development Code and the City could withdraw support
and request the TCEQ revoke the MSD.
Banks noted the influences on surrounding properties (1) only applied to designated
groundwater, (2) the groundwater was shallow and not likely developable and (3) the
groundwater was bound by an impermeable layer. A well on any surrounding property would be
well below the impermeable layer and not in conflict with the contaminated water. TCEQ would
evaluate surrounding proposed wells.
An advantage to the MSD designation was that it provided a mechanism to ensure that the
groundwater would not ever be used for potable purposes as such a mechanism currently did not
exist for this site. The MSD designation would ensure that the applicant would remediate this
site as required through the TCEQ. Staff recommended support of the resolution as it offered a
mechanism to facilitate development to a standard safe to the site.
Council discussion -
The entire site would have to be cleaned up to TCEQ standards, not just the shallow ground
water.
Any contaminated materials removed from the site would have to be disposed of properly
according to TCEQ standards.
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November 6, 2007
Page 2
An assessment of surrounding well sites would have to be done as part of the TCEQ
regulations for the application.
An ordinance needed to be developed for future cases. Banks indicated that Council would
have to decide on how to approach such an ordinance – either a blanket ordinance for the
entire city or done on a case-by-case basis.
The standards for the cleanup program were set at the State level and were based on
protected concentration levels.
The bottom line was that the MSD was more restrictive than what the City currently had and
the State and City had a mechanism for revoking the designation.
3.The Council received a report, held a discussion, and gave staff direction concerning a
proposed amendment to Sections 26-266 of the Denton Code of Ordinances requiring inspections
and maintenance of aerobic On-Site Sanitary Sewer Facilities by certified maintenance
companies.
Kenny Banks, Environmental Quality Manager, presented a review of the item. Recent changes
removed the statewide requirement for certified companies to inspect and maintain ossfs. Prior
to that, certified companies were required to provide inspection and maintenance reports to state
and local authorities. Now homeowners could perform these activities with no training and with
no requirement to submit reports to state or local authorities. The TCEQ did allow for more
stringent local regulations for ossfs. Staff was proposing to modify the local ordinance to require
inspection and maintenance by certified companies/individuals. The TCEQ approved the
changes proposed by staff. Denton currently had 191 of these systems, many of which were
clustered in neighborhoods. Environmental impacts to watersheds and surface water resources
were also possible.
Proposed changes were to require a maintenance contract and a maintenance company that
complied with the rules and standards established by the TCEQ. Staff recommended approval of
the change, TCEQ had approved this change, as required by regulation, a public meeting had
been held on the changes and the Public Utilities Board had recommended approval.
Council discussion -
How often were the inspections required? Banks replied once every four months.
Could the property owner be certified to make the inspections? Banks replied that they
would be able to perform those inspections.
The ordinance might need to be changed to reflect that individuals could do the inspections
and not just companies and that no contract was needed for self-inspection.
Consensus of the Council was to proceed with the proposed change with modifications as noted.
4.The Council received a report, held a discussion, and gave staff direction regarding a
Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that had been
offered to the City of Denton.
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November 6, 2007
Page 3
David Hunter, Watershed Protection Manager, presented the details of the grant. He indicated
that the storms of 2007 helped contribute to the offer of the grant. Water Utilities was applying
for a grant to upgrade the existing high water monitoring and alarm system. The grant would
upgrade a computer system and high water monitor at 5 locations. The current system was
almost 10 years old and replacement equipment was hard to find. The upgrade of the system
would integrate with the Wastewater Treatment Plant SCADA. It would also send data to the
National Weather Service to assist in flood forecasting. There was no requirement for the grant
and no change in budget allocation. Staff suggested acceptance of the grant.
Consensus of the Council was to proceed with the project as presented.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:15 p.m.to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES
COMPETITIVE MATTERS - Under Texas Government Code Section 551.086.
1.Received a report and presentation from Staff regarding issues dealing with the
some of the changes of municipally-owned electric utilities because of the
Electric Reliability Council of Texas ("ERCOT") mandated Texas Nodal Market;
related problems dealing with non-opt-in-entities in transitioning to an
appropriate load zone within the ERCOT system; together with related price
issues impacting the City of Denton regarding the Texas Nodal Market.
Discussed, deliberated, and made recommendations to Staff regarding such
issues.
B.DELIBERATIONS REGARDING REAL PROPERTY - Under Texas
Government Code Section 551.072 and; CONSULTATION WITH THE CITY’S
ATTORNEYS - Under Texas Government Code Section 551.071.
1.Discussed, deliberated, considered, received information from Staff, and
provided Staff with direction pertaining to the possible terms of purchase of and
valuation issues respecting the possible acquisition of an approximate 2.834 acre
tract of real property for street right-of-way and the possible acquisition of an
approximate 0.393 temporary construction, grading and access easement, all for a
public purpose; which real property lies within the Mary Austin Survey, Abstract
No. 4, City of Denton, Denton County, Texas, and is located north of intersection
of Brinker Road and Spencer Road, and receipt of legal advice for legal issues
related thereto. (Brinker Road Extension Project)
C.DELIBERATIONS REGARDING REAL PROPERTY - Under Texas
Government Code Section 551.072 and; CONSULTATION WITH THE CITY’S
ATTORNEYS - Under Texas Government Code Section 551.071.
City of Denton City Council Minutes
November 6, 2007
Page 4
1.Discussed, deliberated, considered, received information from Staff, and
provided Staff with direction pertaining to the possible terms of purchase of and
valuation issues respecting the possible acquisition of an approximate 1.943 acre
tract of real property for a public purpose; which real property lies within the H.
Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and is
located southeast of the intersection of Hickory Street and Exposition Street, and
receipt of legal advice for legal issues related thereto. (City Hall East Facilities
Plan)
This item was not discussed in Closed Session.
D.DELIBERATIONS REGARDING REAL PROPERTY - Under Texas
Government Code Section 551.072 and; CONSULTATION WITH THE CITY’S
ATTORNEYS - Under Texas Government Code Section 551.071.
1.Discussed, deliberated, considered, received information from Staff, and
provided Staff with direction pertaining to the possible valuation issues
respecting the possible disposal, or abandonment of 0.222 acre and 0.044 acre
tracts of real property, which real property lies within the W. Loving Survey,
Abstract No. 759, City of Denton, Denton County, Texas, and is located at the
southern terminus of Pacific Street, and receipt of legal advice for legal issues
related thereto, and receipt of legal advice for legal issues related thereto.
(Access First Capital Bank)
Mayor Pro Tem Kamp left the meeting with a conflict of interest.
Regular Meeting of the City of Denton City Council on Tuesday, November 6, 2007 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 McNeill presented a proclamation for Salvation Army Red Kettle Campaign Day.
Mayor McNeill announced that Denton was a participant in Environmental Awareness Day.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item T. On roll vote, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
November 6, 2007
Page 5
Mayor Pro Tem Kamp left the meeting with a conflict of interest.
Item T was considered.
Thomson motioned, Mulroy seconded to approve Item T. On roll vote, Montgomery “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
A.2007-250 - An ordinance approving and authorizing the Mayor to execute an
interlocal fire protection agreement between the City of Denton and the City of
Corinth for fire protection services; and declaring an effective date.
B.2007-251 - An ordinance approving and authorizing the Mayor to execute an
interlocal fire protection agreement between the City of Denton and the Argyle
Fire Department for fire protection services; and declaring an effective date.
C.R2007-037 - A resolution of the City Council of the City of Denton authorizing
the investment of public funds in the Texas Local Government Investment Pool
(TexPool); delegating authority to invest funds and act as custodian of
investments purchased with local investment funds to TexPool; providing for the
investment of public funds consistent with the Public Funds Investment Act and
the City’s Investment Policy; designating authorized representatives; authorizing
the Mayor to execute the participation agreement; and providing for an effective
date. The Investment Committee recommended approval.
D.2007 252 - An ordinance of the City of Denton, Texas providing for the Ad
Valorem taxation of tangible personal property in transit or "Super Freeport"
goods pursuant to Section 11.253 of the Texas Tax Code; providing a severability
clause; providing a repealer clause; authorizing the City Manager to forward said
ordinance to the Denton Central Appraisal District; and providing for an effective
date.
E.2007-253 - An ordinance of the City of Denton, Texas approving change order
five for a professional service 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 for the change order; and
providing an effective date. (File 3918-in an amount not to exceed $120,000) The
Mobility Committee recommended approval (3-0).
F.2007-254 - 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 Lower Colorado River Authority (LCRA) for providing
energy transmission services to the City of Denton; and providing an effective
date (File 3913–2008 Electrical Energy Transmission Fees–Lower Colorado
River Authority in the total amount of $313,270). The Public Utilities Board
recommended approval (5-0).
City of Denton City Council Minutes
November 6, 2007
Page 6
G.2007-255 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of refuse and recycling roll-
off containers for the City of Denton Solid Waste Department by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 3916–Interlocal Agreement for Recycling and Refuse Roll-Off Containers
with H-GAC awarded to Wastequip in the amount of $243,300.66). The Public
Utilities Board recommended approval (5- 0).
H.2007-256 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Pecan Creek Water Reclamation Plant Sand
Filter Improvements for the City of Denton; providing for the expenditure of
funds therefore; and providing an effective date (Bid 3905–Pecan Creek Water
Reclamation Plant Sand Filter Improvements awarded to Crescent Constructors,
Inc. in the amount of $167,000). The Public Utilities Board recommended
approval (5-0).
I.2007-257 - An ordinance accepting competitive bids and awarding a public works
contract for the installation of playground equipment including paving, turf,
erosion control and playground components at Lake Forest Park; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3817–
Playground Equipment at Lake Forest Park awarded to Jones and Jeffery
Construction Company, Inc. in the amount of $131,177).
J.2007-258 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement with Solutient Geosciences,
Inc. for performing all Landfill groundwater monitoring, data review, reporting,
and general geological and hydrogeological services regarding the City of
Denton, Texas Municipal Solid Waste Landfill in an amount not to exceed
$103,948.80; authorizing the expenditure of funds therefor; providing for
retroactive ratification and approval thereof; and providing an effective date. The
Public Utilities Board recommended approval (5-0).
K.2007-259 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of a Seepex Progressive
Cavity Cake Pump from Treatment Equipment Company which is available from
only one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements
of competitive bidding; and providing an effective date (File 3917–Progressive
Cavity Cake Pump for Pecan Creek Water Reclamation Plant in the amount of
$179,775). The Public Utilities Board recommended approval (5-0).
L.2007-260 - An ordinance accepting competitive bids and awarding a one-time
purchase for overhead pole mounted and underground pad mounted distribution
transformers for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3886–One-Time Purchase for
Overhead and Underground Distribution Transformers awarded to Wesco
City of Denton City Council Minutes
November 6, 2007
Page 7
Distribution in the amount of $43,544 and TEC Utility in the amount of $676,821
for a total award amount of $720,365). The Public Utilities Board recommended
approval (5-0).
M.2007-261 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with R. J. Covington Consulting, LLC, for professional
services relating to Task Order No. 07-E, the Non-Opt-In-Entity Load Zone
Analysis and studies that are related to the Public Utilities Commission of Texas
mandated orders and the Electric Reliability Council of Texas nodal market
design; regarding those decisions on issues that affect the ability of Denton
Municipal Electric to serve its customers in a cost-effective and competitive
manner, and other related professional services; authorizing the expenditure of
funds therefor; and providing an effective date (Not to exceed $230,000). The
Public Utilities Board recommended approval (5-0).
N.2007-262 - An ordinance of the City of Denton, Texas approving a real estate
contract between the City of Denton and ERI - Exposition & Hickory, L.P.
relating to the purchase of an approximate 1.125 acre tract being Lot 1, Block 1,
Ford Properties Addition, recorded in Cabinet E, Page 242 of the plat records of
Denton County, Texas and an approximate 0.818 acre tract of land, both tracts
being located in the H. Sisco Survey, Abstract No. 1184, City and County of
Denton, Texas, together with improvements, for public use; authorizing the
expenditure of funds therefor; and providing an effective date.
O.Approved the minutes of:
September 26, 2007
October 1, 2007
P.2007-263 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Denton Holiday Lighting Association to assist with
the cost of the Holiday Lighting Festival and the maintenance and replacement of
holiday lights; providing for the expenditure of funds therefor; and providing an
effective date. ($1,350)
Q.2007-264 - An ordinance of the City of Denton authorizing the City Manager to
execute on behalf of the city of Denton, Texas an advanced funding agreement in
the amount of $90,976.95 by and between the City of Denton, Texas and the
Texas Department of Transportation (TxDOT) for the construction of a right turn
lane in conjunction with the Loop 288 widening project; providing for the
expenditure of funds therefor; and declaring an effective date.
R.2007-265 - An ordinance of the City of Denton authorizing the City Manager to
execute on behalf of the City of Denton, Texas a “Development Agreement for
Spencer Square” in the amount of $90,976.95 by and between the City of Denton,
Texas and DBSI Landsowne I. L.P. for the construction of a right turn lane to
serve the Spencer Square development in conjunction with the Loop 288
widening project, which agreement transfers all obligations of the advanced
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November 6, 2007
Page 8
funding agreement executed by the city of Denton, of even date herewith, to the
developer, DBSI Landsowne I. L. P.; and declaring an effective date.
S.Provided a recommendation to the City Manager on City of Denton
representatives to the North Central Texas Council of Governments’ Regional
Outer Loop/Rail Bypass Stakeholder Group. (The Mobility Committee
recommended 3-0).
T.2007-266 - An ordinance of the City of Denton, Texas, authorizing an agreement
for abandoning and vacating those certain street right-of-way tracts of land being
approximately 0.222 acre and 0.044 acre respectively and being portions of the
right-of-way of Carroll Boulevard and Pacific Street located at the southern
terminus of said Pacific Street and at the northeast corner of Carroll Boulevard
and Eagle Drive, in the W. Loving Survey, Abstract Number 759 in the City of
Denton, Denton County, Texas; providing for easements; providing for a quit
claim deed; and providing an effective date.
Mayor Pro Tem Kamp returned to the meeting following the vote on Item T.
4.PUBLIC HEARINGS
A.The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 11.125-acre tract of land from a Neighborhood
Residential -2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district.
The tract of land was located on the east side of Country Club Road, approximately 475 feet
south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning
Commission recommended approval (3-1). A supermajority vote by Council was required for
.
approval due to property owner opposition
Brian Lockley, Interim Director of Planning and Development, stated that the applicant had
th
requested a continuation to the next regular Council meeting which would be December 4.
The Mayor opened the public hearing.
Mulroy motioned, Kamp seconded to continue the public hearing to December 4, 2007. On roll
vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
B.The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit for a Semi-public, Halls, Clubs, and Lodges use which includes
a fraternity or sorority house. The site was at the southeast corner of West Oak Street and Miller
Street and was located within a Neighborhood Residential 3 (NR-3) zoning district. (S07-0004,
Chi Alpha House) The Planning and Zoning Commission recommended denial (6-0).A
supermajority vote by Council was required for approval.
Brian Lockley, Interim Director of Planning and Development, presented details of the proposal.
Staff had become aware of the problems with the site following a code enforcement complaint.
Two neighborhood meetings had been held with issues dealing with noise from the use,
increased use of parking demands, a decrease in property values and an increased chance of
additional types of uses. The SUP allowed that the use would be acceptable or permitted under
City of Denton City Council Minutes
November 6, 2007
Page 9
controlled conditions and it would be an allowed use in certain neighborhoods as long as specific
conditions were maintained. Twelve notices in opposition were received regarding the request
which represented 71% of the land area. The Development Review Committee had
recommended approval of the SUP with the following conditions (1) the SUP would expire when
the applicant vacated the property, (2) the maximum number of individuals residing at the house
could not exceed six individuals, and (3) all city standards, codes and regulations from a
residential to non-residential use were met. These conditions were placed on the SUP before the
proposal went to the Planning and Zoning Commission meeting at which time the request was
denied.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Nathan Wesson - petitioner - in favor of proposal.
Dixie Stevenson, 1920 W. Oak, Denton, 76201 - opposed
Dan Hammond, 2002 W. Hickory, Denton, 76201 - opposed
Sandra Hammond, 2002 W. Hickory, Denton, 76201 - opposed
Comment cards were received from:
Darlene Stewart, 2003 West Oak, Denton, 76201 - opposed
Brian Morrison, 305 Mounts, Denton, 76201 - opposed
Vicki Morrison, 305 Mounts, Denton, 762021 - opposed
Caroline Polliard, 1800 W. Oak, Denton, 76201 - opposed
Steven Friedson, 2044 W. Oak, Denton, 76201 - opposed
Helen Irked, 1722 W. Oak, Denton, 76201 - opposed
Francisca Massardo-Rozzi, 2035 Houston Place, Denton, 76201 - opposed
Lilli Wright, 1819 W. Oak Street, Denton, 76201 - opposed
Eugene Hargrove, 2025 Houston Place, Denton, 76201 - opposed
JoAnn Nunnelly, 2215 Houston Place, Denton, 76201 - opposed
Additional speakers included:
David Wright, 1819 W. Oak, Denton, 76201 - opposed
Elise Ridenour, 2044 W. Oak, Denton, 76201 - opposed
The Mayor closed the public hearing.
Thomson motioned, Mulroy seconded to deny. On roll vote, Kamp “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
C.The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a telecommunications tower on property located within
a Neighborhood Residential 4 (NR-4) zoning district. The approximately 7.64-acre site was
located at the southwest corner of Audra Lane and Lattimore Street. (S06-0011, T-Mobile Faith
Tabernacle Assembly of God) The Planning and Zoning Commission recommended approval (4-
0).
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November 6, 2007
Page 10
Brian Lockley, Interim Director of Planning and Development, stated that this was a request for
a specific use permit to allow a telecommunications tower and alternative mounting device in a
neighborhood residential zoning district. The tower would blend in with the existing structure in
materials, color and roofing. The Planning and Zoning Commission had recommended approval
subject to the conditions that the applicant annually submit a letter confirming the operational
status of the tower and that the tower appear as a steeple with its architecture consistent with the
existing church.
The Mayor opened the public hearing.
Michael Batey, applicant, spoke in favor of the request.
The Mayor closed public hearing.
The following ordinance was considered:
NO. 2007-267
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIFIC
USE PERMIT TO ALLOW TELECOMMUNICATIONS ANTENNAS INSTALLED IN
AN ALTERNATIVE MOUNTING STRUCTURE ON APPROXIMATELY 7.64
ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
AUDRA LANE AND LATTIMORE STREET, AND IS LEGALLY DESCRIBED AS
TRACT 18 OF THE J. BROCK SURVEY, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (S06-0011)
Mulroy motioned, Kamp seconded to adopt the ordinance with the conditions recommended by
the Planning and Zoning Commission. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy
“aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered approval of a resolution casting votes for membership to
the Board of Directors of the Denton Central Appraisal District and declaring an effective date.
Bryan Langley, Director of Finance, stated that the Board of Directors sought member
nominations from all of the various taxing entities. The City had previously nominated Rick
Woolfolk and Charles Stafford. Denton had 170 votes to cast which could be divided between
the two nominees or given to just one nominee. The DISD had also nominated the same
candidates and was going to spread its votes between the two.
The following resolution was considered:
NO. R2007-038
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT AND
DECLARING AN EFFECTIVE DATE.
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November 6, 2007
Page 11
Mulroy motioned, Thomson seconded to split the votes equally between the two nominees. On
roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and
Mayor McNeill “aye”. Motion carried unanimously.
B.The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
Bryan Langley, Director of Finance, stated that the Appraisal Review Board members served
two year staggered terms. The Board of Directors was seeking nominations to the Board.
The following resolution was considered:
NO. R2007-039
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to re-nominate John Duffy, Linda Franklin and Jackie
Carpenter. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts
“aye”, and Mayor McNeill “aye”. Motion carried unanimously.
C.The Council considered adoption of an ordinance on second reading under the
annexation procedures for areas exempted from the municipal annexation plan, the annexation
and service plan for approximately 139 acres of land, contiguous and adjacent to the City of
Denton generally located west of Interstate 35 North at the proposed extension of Loop 288 in
the northwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). (A07-0001, Westview
Commercial) The Planning and Zoning Commission recommended the annexation proceed as
presented (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
reading of the voluntary annexation of the Westview Commercial property.
The following ordinance was considered:
NO. 2007-268
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 139 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF
THE CITY’S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY WEST
OF INTERSTATE 35 AT THE PROPOSED EXTENSION OF LOOP 288;
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (A07-0001)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
November 6, 2007
Page 12
D.The Council considered adoption of an ordinance on first reading, under the
annexation procedures for areas exempted from the municipal annexation plan, the annexation
and service plan for approximately 0.123 acres of land, contiguous and adjacent to the City of
Denton generally located to the northeast of F.M. 2181/ Teasley Lane approximately 200 feet
west of Old Alton Road in the southwestern portion of Denton's Extraterritorial Jurisdiction
(ETJ). The property is legally described as a tract of land situated in the J Baker Survey,
Abstract No. A0047A, Denton County, Texas. The Planning and Zoning Commission
recommended the annexation proceed as scheduled (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was the first
reading of this annexation. Two public hearings had been held on this annexation. The service
plan was included in the agenda backup materials along with the service analysis which indicated
that the same level of service would be provided this property as surrounding properties once
annexed. The annexation had met all state requirements to date.
Kamp motioned, Mulroy seconded to adopt the ordinance on first reading. On roll vote, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
E.The Council considered adoption of an ordinance on first reading, under the
annexation procedures for areas exempted from the municipal annexation plan, the annexation
and service plan for approximately 1,018 acres of land generally located west of the Elm Fork
tributary of the Trinity River, east of Collins Road, and north of US 380. (Exhibit 1) (A07-0005,
Clear Creek Natural Heritage Area Annexation) The Planning and Zoning Commission
recommended the annexation proceed as presented (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was the first
reading of the proposed annexation ordinance of the Clear Creek Natural Heritage area. The
property was currently owned by the Army Corps of Engineers and the annexation was initiated
by the City. Currently this area was a natural heritage center used by school districts for nature
trips and nature studies by neighboring universities. No residential properties were included in
the annexation. He indicated that on two separate occasions the citizens of Denton had approved
bond programs for the outdoor nature center as well as the DISD providing funding. The
annexation had met all the state mandated requirements for annexation.
Mayor McNeill indicated that staff had received a letter from Corps noting no opposition to the
proposed annexation.
Speaker cards were submitted by the following individuals:
Mary Lavender, 3140 N. Trinity Road, Denton, 76208 - opposed
Mike Brucia, 3140 N. Trinity Road, Denton, 76208 - opposed
Don Turner, 2347 Riverside Drive, Denton, 76208 - opposed
Jeff Manie, 2396 Riverside Drive, Denton, 76208 - opposed
Mulroy motioned, Kamp seconded to adopt the ordinance on first reading. On roll vote, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
November 6, 2007
Page 13
F.The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, authorizing the acceptance of a deed restriction prohibiting the potable use of
designated groundwater from beneath property located at the Southwest Corner of Interstate 35
and Highway 380 to facilitate certification of a Municipal Setting Designation (MSD) for the
property by the Texas Commission on Environmental Quality; and providing for an effective
date.
Carol and Ed Soph submitted a speaker card in opposition.
The following resolution was considered:
NO. R2007-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE ACCEPTANCE OF A DEED RESTRICTION PROHIBITING
THE POTABLE USE OF DESIGNATED GROUNDWATER FROM BENEATH
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 35 AND
HIGHWAY 380 TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING
DESIGNATION (MSD) FOR THE PROPERTY BY THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to approve the resolution. On roll vote, Kamp “aye”,
Montgomery “aye”, Mulroy “nay”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried 5-1.
G.The Council considered adoption of an ordinance amending Article V., entitled
"Direct and Indirect Discharge into Sanitary Wastewater System" of Chapter 26 of the Code of
Ordinances of the City of Denton, Texas, relating to wastewater utilities by Amending Article IX
thereof entitled “On-Site Sewage Facilities,” Division 1, Section 26-266; regarding the local
rules adopted by the city of Denton regarding on-site sewage facilities, to include adding section
26-266(7)a., inclusive; providing for a penalty not to exceed $2,000 for violations thereof;
providing that a penalty shall be recoverable for each day a provision of this ordinance is
violated, and each such violation shall be a separate offense; providing for a civil fine of not to
exceed $1,000 per day for violations of this ordinance, together with other designated legal and
equitable remedies that are available to the city; providing for a severability clause; providing for
a savings clause, repealing all ordinances in conflict herewith; providing an open meetings
clause; providing for the submission of this ordinance which has been considered but not
approved by the City Council to the Texas Commission on Environmental Quality; providing for
City Council approval thereof; providing for publication thereof; providing an effective
date.(The Public Utilities Board recommended approval 5-0
City Attorney Snyder indicated that a change in the wording of the ordinance would not be
needed as the definition section of the ordinance provided the necessary wording.
The following ordinance was considered:
City of Denton City Council Minutes
November 6, 2007
Page 14
NO. 2007-269
AN ORDINANCE AMENDING ARTICLE V., ENTITLED "DIRECT AND INDIRECT
DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING
TO WASTEWATER UTILITIES BY AMENDING ARTICLE IX THEREOF
ENTITLED “ON-SITE SEWAGE FACILITIES,” DIVISION 1, SECTION 26-266;
REGARDING THE LOCAL RULES ADOPTED BY THE CITY OF DENTON
REGARDING ON-SITE SEWAGE FACILITIES, TO INCLUDE ADDING SECTION
26-266(7)A., INCLUSIVE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000
FOR VIOLATIONS THEREOF; PROVIDING THAT A PENALTY SHALL BE
RECOVERABLE FOR EACH DAY A PROVISION OF THIS ORDINANCE IS
VIOLATED, AND EACH SUCH VIOLATION SHALL BE A SEPARATE OFFENSE;
PROVIDING FOR A CIVIL FINE OF NOT TO EXCEED $1,000 PER DAY FOR
VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER DESIGNATED
LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE CITY;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE
SUBMISSION OF THIS ORDINANCE WHICH HAS BEEN CONSIDERED BUT
NOT APPROVED BY THE CITY COUNCIL TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY; PROVIDING FOR CITY COUNCIL APPROVAL
THEREOF; PROVIDING FOR PUBLICATION THEREOF; PROVIDING AN
EFFECTIVE DATE
Kamp motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
H.The Council considered approval of a Federal Emergency Management Agency
(FEMA) Hazard Mitigation Grant that has been offered to the City of Denton. The Public
Utilities Board recommended approval (5-0).
Mulroy motioned, Kamp seconded to accept the grant. On roll vote, Kamp “aye”, Montgomery
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
I.The Council considered nominations/appointments to the City’s Boards and
Commissions.
Deputy Mayor Pro Tem nominated Ira Weinstein to the Construction Appeals and Advisory
Board. Council Member Montgomery had previously nominated Lorn Bortnem to the Human
Services Advisory Committee.
On roll vote to approve the nominations, Kamp “aye”, Montgomery “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
No other nominations were made at this meeting.
City of Denton City Council Minutes
November 6, 2007
Page 15
J.Citizen Reports
1.Review of procedures for addressing the City Council.
2.The Council received citizen reports from the following:
A.Bill Thomas regarding additional parking in the downtown area
and the presentation of a petition regarding the old fire station and
City Hall West.
Mr. Thomas felt that the number one problem in downtown Denton was parking. He presented a
petition that the old fire station property be made into public parking. Names on the petition
were from employees and shoppers in the downtown area and contained 935 signatures. The old
fire station property could also be used by downtown churches on Sundays. He urged the
Council to not sell the property. The worst case scenario would be for a sale of the property and
it develop as residential property as there was no residential parking ordinance for the downtown
area.
B.Ginger Ester regarding issues for the Council Code Enforcement
Committee to consider and concerns regarding city procedures for
access to information and accomplishing solutions to issues.
Ms. Ester was not present at the meeting.
K.New Business and Announcements
Deputy Mayor Pro Tem Mulroy asked staff to follow up on Mr. Thomas’ presentation, looking
into specifics of his proposal and other possible downtown parking and relate that to the
Downtown Master Plan. He asked that staff bring back options for temporary and permanent
relief with possible code provisions for parking in the downtown area.
Mayor Pro Tem Kamp stated that the Fort Worth utility waste collectors had started a waste
watchers program that train them to watch out for neighborhood areas. She asked staff to look
into starting a similar program in Denton.
Council Member Watts requested a work session review of development review process.
L.City Manager’s Report
City Manager Campbell did not have any items for Council.
M.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
N.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
November 6, 2007
Page 16
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:50 p.m.
_____________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS