December 15, 2009 MinutesCITY OF DENTON CITY COUNCIL MINUTES
December 15, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 15, 2009 at 3:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tern Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Mulroy, and Council Member Watts.
ABSENT: Council Member Heggins.
1. Requests for clarification of agenda items listed on the agenda for December 15, 2009.
Council Member Watts questioned the cost of the roof replacement at City Hall East in Consent
Item 3A. He stated that it was high in comparison to the other estimates for roof replacements.
Dean Hartley, Facilities Manager, stated that the City had a roofing consultant they worked with
regarding roof replacements on City buildings. He stated that normally they were able to get 15-
20 year warranties on roof replacements. The cost of the roof replacement at City Hall East was
because of the type of roof.
Watts questioned the cost of the replacement slide for the Water Park and whether we would
receive any monies from an insurance claim.
Langley stated that the City was self-insured on property issues. The City had a $50,000
deductible on property damage. Some insurance proceeds would be used in conjunction with the
$250,000 from the Parks gas well funds.
2. Receive a report, hold a discussion, and give staff direction regarding the use of gas well
funds.
Bryan Langley, Director of Finance, stated that during the FY 2009-10 budget process, Council
had requested that staff provide an overview of how gas well funds were utilized in the City.
Langley stated that for gas wells on private property, the City received property taxes based on
the production capacity of each well. Sales taxes were also collected in some cases. For gas
wells on City owned property, the City received royalty payments based on production. He
stated that the City also received ad valorem taxes on property interest held by an operator.
DCAD estimated that gas well production declined by approximately 60% after the first year.
Langley stated that in 2005-06, the City Council developed guidelines for the use and
management of gas well funds. Gas well revenue should not be used to fund ongoing
expenditures. Only one time payments should be considered due to rapid reduction in
production capacity of wells. Council directed staff to deposit all ad valorem and sales taxes
related to gas wells in the Non-Airport Gas Well Fund. Airport Gas Well funds should be used
to pay Airport related debt service. Airport Gas Well funds should be restricted to Airport
capital projects. Repayment of General Fund Subsidy was previously considered but not
recommended by the City Council.
City of Denton City Council Minutes
December 15, 2009
Page 2
Langley stated that prior to FY 2010, the City maintained two gas well funds - Airport gas well
fund and Non-Airport gas well fund. Airport gas well funds were restricted to Airport activities
due to FAA grants (excluded property and sales taxes). Non-Airport gas well funds could be
appropriated for any Council approved purpose. In FY 2010, the Parks gas well fund was
created. Due to grants received to buy park property, funds were restricted for park
expenditures.
Langley stated that the Non-Airport gas well fund was estimated to have a $2.6 million fund
balance as of 09/30/10. That estimate included $1.26 million Parks Gas Well Fund transfer and
$600K for Projectdox and LaserFiche software systems in the Planning Department. No projects
had been identified for future years. The Airport Gas Well Fund was estimated to have a $3.9
million fund balance as of 09/30/10. The estimate included $216,988 for Airport debt service
and approximately $1,210,900 in capital projects. The intent was to use funds as a required
match for TxDOT/FAA Grants associated with the Airport master plan.
Langley stated that the General Fund had subsidized Airport operations by $964,328 over the
past six fiscal years and this continued to decline each year. Per the FAA, a six-year repayment
of a subsidy was allowed per Federal Register guidelines but staff advised obtaining written
approval before proceeding due to revenue diversion concerns. If directed by Council, subsidy
repayment would provide a one-time cash infusion to the General Fund.
Langley stated that the Parks Gas Well Fund was estimated to have a $100,992 fund balance as
of 09/30/10. The estimate included $250K for a Water Works Park slide replacement, $150K for
a Senior Center land purchase, $850K for a soccer field project, and $100K for contingency
purposes. No projects had been identified for future years. Debt service was paid each year
from property taxes to fund projects.
Langley stated that the FY 2009-10 long term plan included a 2.5 cent tax increase in FY 2010-
11 and included $500K in unidentified savings. Due to a projected reduction in fund balance,
strategies needed to be developed to reduce expenditures and/or increase revenues. If the tax
increase was not recommended, an additional $1.6 million in reductions/revenue enhancements
would be needed. Various options and strategies would be presented to the Council over the
next several months.
Council direction was to eliminate the annual transfer from the General Fund to the Airport fund,
transfer the $964,328 from the Airport gas well fund to the Non-Airport gas well fund, and pay
the Parks debt service with Parks gas well funds.
Following the completion of the Work Session, the Council went into Closed Session at 4:40
p.m.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Discuss legal strategies and alternatives regarding potential litigation or
settlement, concerning street failures in a portion of the Wind River
subdivisions.
City of Denton City Council Minutes
December 15, 2009
Page 3
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code, Section 551.086; Consultation with Attorney -
Under Texas Government Code Section 551.071.
1. Discuss and deliberate the status of pending mediation and settlement
efforts regarding several public power issues involved with the Texas
Municipal Power Agency litigation described below and receive a briefing
from a City representative. Receive a briefing and status report from the
City's attorneys regarding the litigation entitled Ex Parte Texas Municipal
Power Agency I, Cause No. D-1-GN-08-003426, pending in the 126th
Judicial District Court in and for Travis County, Texas; as well as Ex Parte
Texas Municipal Power Agency II, Cause No. D-1-GN-08-003693, in the
261st Judicial District Court in and for Travis County, Texas; and the
Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas,
Defendant, Counter-Plaintiff and Third-Party Plaintiff v. City of Denton,
Texas and City of Garland, Texas, Third-Party Defendants, Cause No.
28169, now pending in the 506th Judicial District Court in and for Grimes
County, Texas. Receive a briefing on, discuss and deliberate the terms of
a proposed Settlement Agreement regarding the above litigation and the
proceedings pending at the Public Utilities Commission of Texas. Provide
the City's attorneys with direction. 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.
C. Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; Consultation with Attorneys - Under Texas Government Code, Section
551.071.
1. Receive a presentation, deliberate and discuss real property and title issues
relating to a certain 3.814 acre tract of real property located at the
northeast corner of the intersection of Loop 288 and Spencer Road in the
City of Denton, Denton County, Texas; and being that same real property
conveyed from Douglas and Associates, Inc. to the City of Denton, Texas
by warranty deed recorded in Document No. 088905 and filed in the
Public Records of Denton County, Texas. Receive a consultation from the
City's attorneys regarding the above and foregoing matters. Discuss and
deliberate and provide the attorneys with direction. A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the Public Utilities Board under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
D. Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; Consultation with Attorney - Under Texas Government Code, Section
551.071.
City of Denton City Council Minutes
December 15, 2009
Page 4
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the grant of property within the Denton Rail
Corridor to the DART or DCTA, the limits of said corridor being all that
certain lot, tract or parcel of land described in that certain Quitclaim Deed
from Missouri Pacific Railroad Company to the City of Denton, Texas
dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-
R0058485 in the Real Property Records of Denton County, Texas; and
also being that same property described in that certain Correction
Quitclaim Deed, dated June 1, 2001 and filed for record in the Real
Property Records of Denton County, Texas as Volume 4857, Page 020211
where such deliberation in an open meeting would have a detrimental
effect on the position of the City Council in negotiations with DART or
DCTA. Consultation with the City's attorneys regarding legal issues
associated with the granting of said property above described where a
public discussion of these legal matters would clearly conflict with the
duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
E. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
1. Consultation, discussion, deliberation, and receipt of information from the
city's attorneys involving legal matters relating to possible annexations of
property into the City of Denton where public discussion of these legal
matters would clearly conflict with the duty of the City's attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
F. Consultation with Attorneys - Under Texas Government Code, Section 551.071
and Deliberations regarding Personnel Matters - Under Texas Government Code,
Section 551.074.
1. Consultation with the City's attorneys regarding legal issues associated
with personnel matters involving the city manager, city attorney, internal
auditor, and/or the municipal court judge where public discussion
associated with these legal matters would clearly conflict with the duty of
the City's attorneys to the City of Denton and the Denton City Council
under the Texas Disciplinary of Professional Conduct of the State Bar of
Texas. Discuss and deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal and/or hear a complaint or
charge involving the city manager, city attorney, internal auditor, and/or
the municipal court judge.
City of Denton City Council Minutes
December 15, 2009
Page 5
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 Burroughs presented the 2009 National Night Out-Rookie of the Year Award to the City
of Denton Police Department. Police Chief Roy Minter, Captain Lenn Carter, Captain Paul
Abbott, and Officer Jim Bryan were present to accept the award.
3. CONSENT AGENDA
Ordinance No. 2009-310
A. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the unreserved fund balance of the General Fund with
Certificates of Obligation with an aggregate maximum principal amount equal to
$1,500,000 for funding facility HVAC, flooring, and roof replacements for municipal
facilities, and providing an effective date.
Ordinance No. 2009-311
B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board contract #281-07 for the
acquisition of a Peterbilt 348 water truck for the City of Denton Street Department by way
of an Interlocal Agreement with the City of Denton; and providing an effective date (File
4454-Purchase of Water Truck For Street Department awarded to Rush Truck Centers of
Texas, LP in the amount of $127,518).
Ordinance No. 2009-312
C. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the replacement of windows at the City of Denton City Hall located at 215 E.
McKinney Street; providing for the expenditure of funds therefor; and providing an
effective date (RFSCP 4409-Window Replacement for City Hall awarded to Jones and
Jeffery Construction Company, Inc. in the amount of $292,138).
Ordinance No. 2009-313
D. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the demolition of an existing slide and installation of a new slide at the City of
Denton Water Works Park; providing for the expenditure of funds therefor; and providing
an effective date (Bid 4440-awarded to the lowest responsible bidder meeting specification,
Sunbelt Pools, Inc. in the amount of $355,226).
City of Denton City Council Minutes
December 15, 2009
Page 6
Ordinance No. 2009-314
E. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of an alternative fuel and truck wash facility at the City of
Denton Landfill; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4336-awarded to the lowest responsible bidder meeting specification, Thaten
Construction Inc. in the amount of $2,047,685). The Public Utilities Board recommends
approval (4-0).
Ordinance No. 2009-315
F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of ProjectDox Plan Review
Software for the City of Denton Building Inspections Division from Avolve Software,
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 4446-Purchase of
ProjectDox Plan Review Software for Building Inspections in the amount of $282,600).
Ordinance No. 2009-316
G. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the lease of fifty four (54) departmental monochrome/digital copiers as approved by the
U.S. Communities Government Purchasing Alliance (US Communities Contract # 58795)
division; providing for the expenditure of funds therefor; and providing an effective date
(Bid 4386-Conventional Copier/Multi-Functional Device Program awarded to Ricoh
Business Solutions, Inc. in the annual estimated amount of $88,456 for an estimated three
year total of $265,368).
Ordinance No. 2009-317
H. Consider adoption of an ordinance awarding a contract for the purchase of products and
services for the on-site vehicle parts facility; providing for the expenditure of funds
therefore; providing for the expenditure of funds therefore; and providing an effective date
(Bid 4379-Vehicle Equipment and Parts awarded to Genuine Parts Company in the
estimated amount of 1,750,000 per year for the four year contract. The total award is
estimated to be $7,000,000).
Ordinance No. 2009-318
1. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of a Class "A" Containerized Training Structure and Class "A" Flashover
Chamber and related services for the City of Denton Fire Department; providing for the
expenditure of funds therefor; and providing an effective date (RFP 4433-Best Value RFP
for Class "A" Training Structure and Related Services awarded to Draeger Safety, Inc. in
the amount of $224,795).
Ordinance No. 2009-319
Consider adoption of an ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Denton Police Officers Association for the purpose of
contributing to their non-profit charitable organization called "Shop With A Cop" which
City of Denton City Council Minutes
December 15, 2009
Page 7
helps needy children shop for things they need and want for Christmas; providing for the
expenditure of funds therefor; and providing for an effective date. ($700)
K. Consider a request for an exception to the Noise Ordinance for the purpose of performing
live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert
will be located at 616 Woodland Street on March 28, 2010, beginning at 5:00 p.m. and
concluding at 8:00 p.m. This request is for an exception in decibels from 65 to 69 decibels.
Ordinance No. 2009-320
L. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving a grant application from 940 Ventures, LLC, from the Downtown Incentive
Grant Program not to exceed $20,000; and providing for an effective date. The Economic
Development Partnership Board recommends approval (5-0-1).
M. Consider approval of the minutes of. November 16, 2009 November 17, 2009
Ordinance No. 2009-321
N. Consider adoption of an ordinance authorizing the City Manager to execute change order
number one to the contract between the City of Denton and Lands Construction for
additional sidewalk installation and pathway improvements associated with the Teasley
Lane/FM 2181 Pedestrian Way project; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3966-Change Order Number One in the amount of
$41,082.74).
Ordinance No. 2009-322
0. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a Settlement Agreement on behalf of the City of Denton, Texas
regarding a settlement of the Texas Municipal Power Agency litigation now pending in
Travis County and Grimes County, Texas and the proceedings pending at the Public
Utilities Commission of Texas; empowering the City Manager to execute any and all
documents as are necessary in furtherance and support of said agreement; and providing an
effective date.
Ordinance No. 2009-323
P. Consider adoption of an ordinance authorizing the City Manager to approve a first
amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance
2009-018 dated January 6, 2009, between the City of Denton, Texas and Sykes-Vaughan
Investments (US Aviation Group) at the Denton Municipal Airport; and providing an
effective date. The Airport Advisory Board recommends approval (5-0).
Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to approve the Consent
Agenda and accompanying ordinances. On roll call vote, Council Member Watts "aye", Council
Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
December 15, 2009
Page 8
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding the rezoning of approximately 1.11 acres of land from a Neighborhood
Residential 3 (NR-3) zoning district classification and use designation and a Neighborhood
Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation
with an overlay district, for property located at the intersection of N. Bell Avenue and E.
University Drive, and is situated in the N.H. Meisenheimer Survey, Abstract No. 811, in the
City of Denton, Denton County, Texas (Z09-0003). The Planning and Zoning Commission
recommends approval (5-2). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED
FOR APPROVAL.
Mark Cunningham, Director of Planning and Development, stated that this was a request for
rezoning of property located at the northeast corner of Bell Avenue and E. University Drive. The
site was comprised of three undeveloped lots and an alleyway. Two of the lots were located
within the Bell Avenue Historic Conservation District. The applicant was now proposing to
develop the site with four duplex units and two single family units - a total of ten dwelling units
(reducing the proposed number of dwelling units on the site from twelve to ten). The maximum
allowable density in the proposed NRMU-12 zoning district was 12 dwelling units per acre. The
applicant was scheduled to go before the Historic Landmark Commission on December 14 per
Council direction.
Cunningham stated that duplexes were prohibited within the existing NR-3 zoning district but
were an allowed use within the existing NR-4 district with a limitation. There were currently
five to six duplex homes located within the Bell Avenue Historic Conservation District.
Duplexes were permitted in the proposed NRMU-12 district without any limitations and at a
density of twelve dwelling units per acre. Rezoning this site to an NRMU-12 district would
allow the applicant to develop the property as shown in the concept plan.
Cunningham stated that the proposed overlay district limited the permitted uses on the site to
single-family dwellings, duplexes and home occupations. The maximum allowed density as
proposed was nine dwelling units per acre.
Cunningham stated that staff had received two property owner responses in favor, twelve
opposed, and one neutral to the proposed rezoning. The twelve responses in opposition
represented over 34% of the land within the notice area and the application would need to be
approved by a supermajority vote of the Council.
Council Member Watts questioned the maximum allowed density of nine dwelling units per acre
and wanted to know if a duplex consisting of two units was considered one dwelling unit or two
dwelling units.
Cunningham stated that a duplex was two units that were attached. Each unit would be
considered a separate unit. The size of the lot allowed the applicant to build an additional unit.
The applicant was proposing four duplexes and two single-family units.
City of Denton City Council Minutes
December 15, 2009
Page 9
Council Member Mulroy stated that in the backup there was a statement in regard to site
maintenance, but noted that he did not see it as a condition in the ordinance, and wanted to know
the proper way to memorialize that as part of the zoning overlay.
Cunningham deferred the questions to the City Attorney.
City Attorney Burgess stated that condition was not specified in the ordinance.
Mulroy stated that in the Planning and Zoning Commission minutes, the site plan was presented
as part of the overlay but he did not see it in the ordinance and if using a site plan then was that a
PD.
Cunningham stated that the site plan was not included as part of the overlay.
Mulroy asked about the number of bedrooms and parking spaces.
Cunningham stated that the number of parking spaces needed would be two parking spaces for
each two or three bedroom unit.
Discussion followed regarding the site maintenance issue.
City Attorney Burgess stated that generally site maintenance requirements were not a condition
of an overlay, as it did not have anything to do with the use.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Rod Taylor, 1300 Apache Trail, Corinth, spoke in support of the development
DeCarlo Noble, 3400 Mustang, spoke in support
Bobbie Halpenny, 1816 Bell Avenue, spoke in opposition
Gary Hayden, 2106 N. Bell Avenue, spoke in opposition
Steven Ambuehl, 2007 N. Bell Avenue, spoke in opposition
Angela Stripling, 1815 N. Bell Avenue, spoke in opposition
Ernie Stripling, 1815 N. Bell Avenue, spoke in opposition
Carrie Ettredge, 606 Woodland, spoke in opposition
Deb Conte, 2106 N. Bell Avenue, spoke in opposition
Victoria Hodge, 1823 N. Bell Avenue, spoke in opposition
Brian Wheeler, 1823 N. Bell, spoke in opposition
Comment cards were received from the following individuals:
JoAnn Nunnelly, 2215 Houston Place, opposition
Elise Ridenour, 2044 West Oak, opposition
Ed and Carol Soph, opposition
Aimee Smith, 1807 N. Bell Avenue, opposition
Tim Smith, 1807 N. Bell Avenue, opposition
City of Denton City Council Minutes
December 15, 2009
Page 10
David Wright, 1819 W. Oak, opposition
Brandt Davis, 1902 N. Bell Ave., opposition
Patrice Phelan Lyke, 1109 Egan Street, opposition
Rick Smith, 1920 N. Bell, opposition
Matthew Naylor, 1912 N. Bell, opposition
Jane Hendricks, 10 14 Hillcrest, opposition
Leona Langford, 2219 Houston Place, opposition
Steven Friedson, 2044 W. Oak, opposition
Jon-Paul LaQuaglia, 317 W. Highland St., opposition
Kathryn Bryant, 317 W. Highland St., opposition
Dixie Stevenson, 1910 West Oak, opposition
Dora Sloan, 2207 Houston Place, opposition
Rebecca Harpool, 2222 Houston Place, opposition
The Mayor closed the public hearing.
A five-minute rebuttal was allowed. Mr. Taylor stated that they would make sure the aesthetics
for the buildings would fit in with the neighborhood and that they were willing to make any
modifications that were necessary so that the project moved forward.
Council Member Gregory motioned, Council Member Mulroy seconded to deny the rezoning.
On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2009-324
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding the rezoning of approximately 19.858 acres of land from a Neighborhood
Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation. The
property is generally located east of Hinkle Drive, 960 feet north of U.S. 380 and 1,285 feet
south of Headlee Street and is situated in the Robert Beaumont Survey, Abstract No. A-31
in the City of Denton, Denton County, Texas (Z09-0009). The Planning and Zoning
Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, briefed the Council regarding the
rezoning of property east of Hinkle Drive, north of U.S. 380 and south of Headlee Street. The
applicant was requesting the change in zoning in anticipation of development of an elderly
housing (nursing home) facility. The NR-4 zoning district did not permit elderly housing as a
use. Staff had received six property owner responses with four in opposition to the request and
two neutral.
Jim Dewey with JR Engineers, 2500 Texas Drive in Irving, spoke on behalf of the property
owner, and stated that the owner wanted to build a nursing home. Staff was favorable with the
use but recommended going with NRMU-12 zoning. NRMU-12 zoning would allow another use
if they didn't get the permit for a nursing home.
Council Member Mulroy asked for the definition of elderly housing.
City of Denton City Council Minutes
December 15, 2009
Page 11
Cunningham stated that elderly housing was defined as a structure where 80% of its occupants
were 55 and older, and fell into one of the following categories-assisted living, congregate care
facility, or life care housing and services.
The Mayor opened the public hearing.
Jim Dotson, 1202 Tulane Street, spoke in opposition
The Mayor closed the public hearing.
Mayor Pro Tern Kamp motioned, Council Member Watts seconded to adopt the ordinance. On
roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
Ordinance No. 2009-325
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding the rezoning of approximately 5.961 acres of land from a Neighborhood
Residential 2 (NR-2) zoning district classification and use designation and a Rural
Residential 5 (RD-5) zoning district classification and use designation to a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation for
property located at the northwest corner of Teasley Lane and Old Alton Road, and is
situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County,
Texas (Z06-0033). The Planning and Zoning Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that he would present Item C
and D together. He stated that ONCOR Electric was requesting to rezone the site to allow for the
construction of an electrical substation. They were also requesting a Specific Use Permit for the
site. ONCOR's projections for the area indicated that the anticipated load on the on the existing
Corinth Substation would be 150% of capacity by 2010. The request for rezoning was to change
the zoning from NR-2 and RD-5 zoning districts to NRMU zoning district. An electrical
substation required approval of a Specific Use Permit when located in the NRMU district.
The Mayor opened the public hearing for Items C and D.
Dallas Cothrum, 900 Jackson, Dallas, representing ONCOR Electric Delivery, spoke on behalf
of the applicant
Jerry Reagan, Pastor of Life Line Church, spoke in support
The Mayor closed the public hearing.
Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to adopt the ordinance for
Item C. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
December 15, 2009
Page 12
Ordinance No. 2009-326
D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding a Specific Use Permit to allow an electrical substation on approximately 5.961
acres of land, generally located at the northwest corner of Teasley Lane and Old Alton
Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton,
Denton County, Texas (506-0012). The Planning and Zoning Commission recommends
approval (7-0).
The public hearing for this item was held with Item C.
Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance for
Item D. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2009-327
E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding a Specific Use Permit for a restaurant drive-through facility on approximately
0.8213 acres of land, located at 701 Fort Worth Drive, situated in the Alexander Hill
Survey, Abstract No. 623, in the City of Denton, Denton County, Texas (509-0005). The
Planning and Zoning Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that this was a request for a
Specific Use Permit for a Taco Bell restaurant at 701 Ft. Worth Drive. Public notification
information was sent to five property owners and staff had received zero responses.
The Mayor opened the public hearing.
David Gregory, Icon Consulting Engineers, representing Taco Bell, spoke on behalf of the
applicant
The Mayor closed the public hearing.
Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to adopt the ordinance. On
roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
F. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor
owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the
purposes of reactivation of a rail line between Denton and Carrollton and consideration of
an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail
from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter
railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing
an effective date.
City of Denton City Council Minutes
December 15, 2009
Page 13
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to continue the public
hearing to the January 12, 2010 meeting. On roll call vote, Council Member Watts "aye",
Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a Contract of Sale/Option Agreement, as appropriate, by and between
the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ('DART")
transferring the Denton Rail Corridor, consisting of those lands described in that certain
Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by
Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561,
and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County
Clerk File No. 2001-R0076013, all recording references to the Real Property Records of
Denton, Texas.
This item was not considered at this time.
B. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a
proposal to place the matter on the agenda for an upcoming meeting AND Under Section
551.0415 of the Texas Open Meetings Act, provide reports about items of community
interest regarding which no action will be taken, to include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an announcement
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda.
There were no items suggested.
C. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Mayor Burroughs announced that the Council would continue the Closed Session portion of the
meeting.
D. 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.
City of Denton City Council Minutes
December 15, 2009
Page 14
With no further business, the Open Session was adjourned at 10:55 p.m.
Council went into Closed Session at 10:55 p.m.
Council adjourned Closed Session at 11:05 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS