September 11, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 11, 2007
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, September 11, 2007 at 6:00 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, Montgomery, Thomson, and Watts
ABSENT: None
1.Staff responded to requests for clarification of agenda items listed on the agenda for
September 11, 2007.
2.The Council received a report, held a discussion, and gave staff direction regarding the
2007-08 Budget and the Capital Improvement Program.
Council Member Watts asked for clarification on the tax rate increase.
Jon Fortune, Assistant City Manager, stated that the 2008 tax rate increase of $.04 per $100
valuation included $.03 for debt service associated with the 2005 bond program and $.01
increase for new drainage projects.
With no further business, the Work Session adjourned at 6:07 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, September 11, 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
The Mayor presented a proclamation for Constitution Week to a representative from the
Benjamin Lyon Chapter and the Francis Lightfoot Lee Chapter of DAR.
3. CONSENT AGENDA
Mayor McNeill highlighted the items for consideration on the Consent Agenda.
Deputy Mayor Pro Tem Mulroy requested that Item 3D be pulled for individual consideration.
Mulroy motioned, Heggins seconded to approve the Consent Agenda with the exception of Item
3D. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
City of Denton City Council Minutes
September 11, 2007
Page 2
Item 3D was considered.
Chad Allen, Senior Engineer, reviewed the Pecan Creek Drainage Improvements Project. He
stated that the proposed drainage improvements extended from the concrete drainage channel
between Wainwright Street and Bell Avenue upstream and northwest across Locust, South Elm,
West Prairie, Stroud, West Sycamore, South Carroll and Mulberry ending near Bernard Street.
The land area identified as flood plain on the current FEMA Rate Map along the Pecan Creek
project was equal to approximately 55 acres and surrounds over 115 existing buildings. The goal
of the overall Pecan Creek Drainage Improvements project was to remove as much of the
adjacent land as possible from the floodplain.
Mulroy motioned, Montgomery seconded to approve Consent Agenda Item 3D. On roll vote,
Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor McNeill “aye”. Motion carried unanimously.
A.2007-179 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Denton Chamber of Commerce to
assist in providing a venue for Denton residents to access the availability of
healthcare and medical specialty facilities in the City of Denton; providing for the
expenditure of funds therefor; and providing for an effective date. ($603.00)
B.2007-180 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Denton Christian Preschool to provide
tuition scholarships for needy children from low income families; providing for
the expenditure of funds therefor; and providing for an effective date. ($250.00)
C.2007-181 – An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of recycling carts for the Solid Waste
Department by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 3885–Interlocal Agreement for the Purchase of
Recycling Carts for the Solid Waste Department awarded to Otto Environmental
Systems LLC in an amount not to exceed $119,594.72). The Public Utilities
Board recommended approval (5-0).
D.2007-182 – Consider adoption of 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 the design of the Pecan
Creek Tributary 4 Preliminary Design and CLOMR Project; providing for the
expenditure of funds therefor; and providing an effective date (File 3886–Design
of Pecan Creek Tributary 4 Preliminary Design and CLOMR Project in the
amount of $114,700). The Public Utilities Board recommended approval (6-0).
E.2007-183 – An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of two TouchPrint TM
3800 Booking Stations from Identix, Inc., which is available from only one source
in accordance with the pertinent provisions of Chapter 252 of the Texas Local
City of Denton City Council Minutes
September 11, 2007
Page 3
Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 3860–Booking Stations
for Police Department in the amount of $83,086).
F.2007-184 – An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of underdrains for Pecan
Creek Water Reclamation Plant from Infilco Degremont, Inc., which is available
from available from only one source in accordance with the pertinent provisions
of the Chapter 252 of the Texas Local Government Code exempting such
purchases from the requirements of competitive bidding; and providing an
effective date (File 3884–Underdrain Systems for Pecan Creek Water
Reclamation Plant Filters 1 and 2 in the amount of $259,000). The Public Utilities
Board recommended approval (6-0).
G.2007-185 – An ordinance approving the expenditure of funds for the purchase of
educational commercial airtime for Denton Municipal Electric 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 3849–Purchase of Educational Commercial Airtime to Denton Municipal
Electric awarded to Time Warner Cable Media Sales in an amount not to exceed
$33,488). The Public Utilities Board recommended approval (4-0).
H.Approved the minutes of:
August 6, 2007
August 7, 2007
August 14, 2007
I.2007-186 – An ordinance approving a flight school and aircraft maintenance
facility airport lease agreement between the City of Denton, Texas and US
Aviation Group; and providing an effective date. The Airport Advisory Board
recommends approval (6-0). The Mobility Committee recommended approval (2-
0).
J.2007-187 – An ordinance of the City of Denton, Texas, approving two correction
deeds for the donation of street right-of-way from Windjammer, Ltd. to the City
of Denton, dated September 12, 2006 containing approximately 1.038 acres and
1.210 acres and situated in the M. E. P. & P. R.R. Survey, Abstract No. 950; and
providing an effective date.
K.2007-188 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Historical Park Foundation of Denton
County, Inc. to refurbish the Quakertown House, an African American Historical
Museum; providing for a $1,553.00 expenditure of funds therefor; and providing
for an effective date.
City of Denton City Council Minutes
September 11, 2007
Page 4
4.PUBLIC HEARINGS
A. The Council held a public hearing and received citizen input on the 2007-08
Proposed Budget.
Bryan Langley, Director of Finance, reviewed the highlights of the 2007-08 Proposed Budget.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
John Shrader, 1910 Maid Marian Place, spoke regarding the need for a senior friendly bus for the
Senior Center and requested the Council include $6,000 funding to rent a bus for the Senior
Center to use for their field trips during the 2007-08 Fiscal Year.
Curt Stogsdil, 2103 Riney Rd, spoke regarding the need for a senior friendly bus for the Senior
Center.
Donna Woodfork, 200 Hann, spoke regarding a bus for the Senior Center and asked the Council
to remember that there was also the American Legion Senior Center.
Jerry Freshour, Concord Lane, spoke regarding an advisory council for the Senior Center.
The Mayor closed the public hearing.
Mulroy asked if there were enough discretionary funds in the budget to change it to include
funding for the rental of a van for the senior citizens.
City Manager Campbell stated that he could change a line item in the budget at his discretion and
would see that this was done.
No action was required on this item.
B. The Council held a public hearing on a proposal to adopt a tax rate of $0.66652
per $100 valuation, which would exceed the lower of the rollback rate or the effective tax rate.
Bryan Langley, Director of Finance, stated that this was the first public hearing on the tax rate.
The recommended tax rate was a $0.4 cent increase for $100 valuation. Service enhancements
included funding for drainage, development review, code enforcement, streets and transportation,
public safety, and utilities.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required on this item.
City of Denton City Council Minutes
September 11, 2007
Page 5
C. The Council held a public hearing to consider the adoption of an ordinance for a
Specific Use Permit for a gas well drilling and production site. The approximately 3 acre
property was located within a Neighborhood Residential 4 (NR-4) zoning district and was
generally located west of the Hickory Creek Heights Subdivision and south of Ryan Road. (S07-
0012, O'Toole Lease No. 1H) The Planning and Zoning Commission recommended approval (6-
0).
Brian Lockley, Interim Director of Planning and Development, stated that the O’Toole lease 1H
south of Ryan Road was approved for one well head, the Good Samaritan 1H site was approved
for one well head, and the Acme 5H site was approved for five well heads. Of the three sites, the
O’Toole Lease 1H had one well head drilled and operational, the Acme 5H site had three well
heads drilled and operational and one in progress, the Good Samaritan site had no well heads
drilled at this time.
The applicant had approached the City with a proposal to abandon the SUP for the Good
Samaritan site and amend the Gas Well Development Plat for the Acme site to remove one well
head. The proposal was submitted with the condition that this SUP be approved by Council. In
the event that this SUP was not approved, gas well drilling and production on the Good
Samaritan site would begin.
Staff had determined that the applicant had not met all of the conditions for the SUP granted for
the existing O’Toole lease well head. A condition of the existing SUP required the installation
of a stockade style fence around the gas well site to screen the site from the adjacent properties.
The applicant had acknowledged not meeting this requirement.
The Planning and Zoning Commission recommended approval of the SUP with the following
conditions:
1. The only ingress and egress to the well site was from Ryan Road.
2. This SUP approved the addition of one gas well head on the site for a total of two
gas well heads on the site.
3. The gas well operator would screen the gas well site consistent with the
negotiations of staff to create a visually appealing buffer, prior to the development of Phase II of
the Forest Meadows Subdivision.
4. The gas well operator would relinquish all rights to the Good Samaritan Gas Well
Site and one gas well head located on the Acme Lease site.
5. Development and operation of the gas well development would be in accordance
with the gas well plat on file with the Planning Department.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bill Coleman, Coleman and Associates Surveying, 300 North Elm, representing the petitioner,
spoke. He stated that the Good Samaritan well site had not been disturbed.
David Cottner, representing Endeavor Energy Resources, stated that the screening fence was
Endeavor’s oversight and apologized for it, and stated that the screening fence would be installed
prior to the development of Phase II of the Forest Meadows Subdivision.
City of Denton City Council Minutes
September 11, 2007
Page 6
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-189
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 3 ACRES OF LAND
GENERALLY LOCATED WEST OF HICKORY CREEK HEIGHTS SUBDIVISION, AND
SOUTH OF RYAN ROAD AND 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. (S07-0012)
Mulroy motioned, Watts seconded to adopt the ordinance with the conditions recommended by
the Planning and Zoning Commission. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
D. The Council held a public hearing to consider adoption of an ordinance regarding
the rezoning of approximately 0.642 acres of property from a Neighborhood Residential 3 (NR-
3) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located
on the west side of Teasley Lane approximately 260 feet south of the intersection of Teasley
Lane and Bent Oaks Drive. (Z07-0020 Tiny Teasley Triangle) The Planning and Zoning
Commission recommended approval (6-0).
Brian Lockley, Interim Director of Planning and Development, stated that the purpose of the
rezoning was to combine the subject lot with the adjacent lot to the west currently zoned NRMU.
The lot abutting the subject lot to the west was landlocked with no direct access to Teasley Lane.
Rezoning the subject site and combining the two lots would create the opportunity to develop
both lots with access to Teasley Lane. The applicant was proposing to develop the site with
office buildings.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Rick Baria, 5138 Edwards Rd., spoke in support of the rezoning.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-190
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE NEIGHBORHOOD RESIDENTIAL
City of Denton City Council Minutes
September 11, 2007
Page 7
MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
FOR APPROXIMATELY 0.642 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF
TEASLEY LANE, APPROXIMATELY 260 FEET SOUTH OF THE INTERSECTION OF
TEASLEY LANE AND BENT OAKS DRIVE, AND LEGALLY DESCRIBED AS A
CERTAIN TRACT OF LAND SITUATED IN THE J. FISHER SURVEY, ABSTRACT
NUMBER 421, IN THE CITY AND COUNTY OF DENTON TEXAS AND BEING A PART
OF THAT CERTAIN TRACT DESCRIBED IN THE DEED TO ALVIN E. MEREDITH
ET.UX., RECORDED IN VOLUME 388 PAGE 41 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (Z07-0020)
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, 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 of the City Council of the City of
Denton, Texas announcing that it will vote on a tax rate at its meeting of September 25, 2007;
providing for publication of notice of such vote on the tax rate; and providing an effective date.
Bryan Langley, Director of Finance, stated that this action would allow for the posting of the
notice to vote on the tax rate.
The following resolution was considered:
NO. R2007-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS MEETING OF
SEPTEMBER 25, 2007; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE
ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
B.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 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 approval (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary
annexation for the Westview Commercial property, and included the City’s elevated water tank
property and the Texas Department of Transportation’s adjacent street right-of-way for Loop
288. The majority of the property was undeveloped with the exception of one gas well site and
the City’s elevated water storage tank.
City of Denton City Council Minutes
September 11, 2007
Page 8
He stated that the entire area proposed for annexation was located within the City’s ETJ and was
not zoned. The area would not require short-term public improvements that were the
responsibility of the City. The proposed annexation area would add additional tax base to the
City.
The following ordinance was considered:
FIRST READING
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, Heggins seconded to approve the ordinance on first reading. On roll vote,
Heggins “aye”, 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 and final reading to
voluntarily annex approximately 9.02 acres into the corporate city limits of the City of Denton,
Texas. The first site was approximately 3.95 acres, the second site was approximately 0.173
acres, and the third site was approximately 4.897 acres. The sites to be annexed were generally
located on the north side of Spencer Road between Woodrow Lane and Brinker Road. (A07-
0002, Denton Municipal Electric Spencer Complex Annexation) The Planning and Zoning
Commission recommended approval (6-0).
Brian Lockley, Interim Director for Planning and Development, stated that this was the second
and final reading for this voluntary annexation. The subject sites were a portion of the Denton
Municipal Electric Spencer Complex property and associated right-of-way.
The following ordinance was considered:
NO. 2007-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING THREE TRACTS OF
LAND CONSISTING OF APPROXIMATELY 9.02 ACRES CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE NORTH SIDE
OF SPENCER ROAD BETWEEN WOODROW LANE AND BRINKER ROAD AND
LEGALLY DESCRIBED AS BEING ALL OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN THE MARY AUSTIN SURVEY ABSTRACT NUMBER 4 DENTON
COUNTY, TEXAS AND BEING A PART OF THE CALLED 26.474 ACRE TRACT
DESCRIBED IN THE CITY OF DENTON ORDINANCE NO. 81-83 ENACTED ON JULY 21,
1981 PERTAINING TO THE ALTERATION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF DENTON, TEXAS BY THE DISANNEXATION OF CERTAIN UNINHIBITED
TERRITORY, CONSISTING OF 26.474 ACRES OF LAND OWNED BY THE CITY OF
DENTON, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A07-0002)
City of Denton City Council Minutes
September 11, 2007
Page 9
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
D.Consider nominations/appointments to City boards and commissions.
The Council did not have any nominations at this time.
E.Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
A.Pat Foutch regarding a follow-up for Lee Meadows Neighborhood
on recent flooding.
Ms. Foutch was not present at the meeting.
F.New Business and Announcements
1. Council Member Heggins wanted to know the availability of council agendas in Spanish.
2. Council Member Watts requested that staff research the traffic issues at Bonnie Brae and
Airport Road.
G.City Manager’s Report
City Manager Campbell did not have any items for Council.
H. 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.
I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action from the Closed Meeting.
With no further business, the meeting was adjourned at 8:22 p.m.
____________________________________
PERRY R. McNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS