January 12, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
January 12, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 12, 2010 at 4:00 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 January 12, 2010.
Council Member Gregory questioned the purchase of the police cars in light of problems with
rear end crashes and tires.
Mike Ellis, Fleet Manager, stated that they were satisfied with the corrective measures taken by
Ford plus the City added several other protection features to the cars for added safety.
Council Member Gregory questioned the amount of the contract for Consent Agenda Item N. It
appeared that it was about half the amount from the previous year.
Fire Chief Chadwick replied that the County had a complicated method of estimation for
reimbursement. The amount was set by the County.
City Manger Campbell indicated that Individual Items A and C would be pulled from
consideration.
Mayor Burroughs stated that Consent Agenda Item I indicated that there were competitive bids
but there was no bid sheet included. There was a specification sheet but it indicated that this
was a sole source type of purchase.
Tom Shaw, Purchasing Agent, stated that this contract was based on an interlocal agreement by
the State of Texas. The State did the bidding, not the City, so the City was following their bid
procedure.
2. Receive a report, hold a discussion, and give staff direction regarding City of Denton's
Purchasing procedures.
Karen Smith, Senior Buyer, stated that this presentation did not apply to Denton Municipal
Electric purchases. The dollar amount of the purchase indicated the path of the regulations
involved. She reviewed the procurement regulations, methods of procurement under $50,000,
purchases over $50,000, bid award preferences, alternatives to sealed bids, cooperative
agreements, local preference, exceptions to sealed bids, City Manager approval authority,
professional services, and change orders.
Following the completion of the Work Session, the Council went into Closed Session at 4:35
p.m.
1. Closed Meeting:
City of Denton City Council Minutes
January 12, 2010
Page 2
A. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Discuss and deliberate the status of mediation efforts regarding several issues
involved with the Range Resources/Range Operating/Stroud Energy/Dan Hughes
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
City of Denton, Texas, Plaintiff v. Range Resources Corporation, Range Operating
Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co, Cause No. 2008-19218-
16, Defendants, pending in the 16th Judicial District Court in and for Denton
County, Texas. 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 City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
B. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorney - Under Texas Government Code Section
551.071.
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.
C. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
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.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
City of Denton City Council Minutes
January 12, 2010
Page 3
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/awards presented at this meeting.
3. CONSENT AGENDA
Mayor Burroughs indicated that Item P would be pulled from consideration.
Council Member Gregory motioned, Mayor Pro Tern Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item P. 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. 2010-001
A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Denton Festival Foundation for supplemental funding for the
Arts and Jazz Committee for the 2010 Denton Arts and Jazz Festival; providing for the
expenditure of funds therefor; and providing for an effective date. ($1,750)
Resolution No. R2010-001
B. Consider adoption of an ordinance approving Denton's 111th Congress, 2nd Session
Congressional Priority Project requests; and declaring an effective date.
Ordinance No. 2010-002
C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of
Denton's portion of the budget allocation in an amount not to exceed $365,311.52; and
providing an effective date.
Resolution No. R2010-002
D. Consider approval of a resolution allowing the Denton Rotary Club to be the sole
participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration
on February 13, 2010, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this Resolution; and providing for an
effective date. The Parks, Recreation and Beautification Board recommends approval (5-0.)
Ordinance No. 2010-003
E. Consider adoption of an ordinance amending Article X, entitled "Municipal Setting
Designations", of Chapter 26, entitled "Utilities", of the Code of Ordinances of the City of
Denton, Texas, regarding the local rules adopted by the City of Denton for municipal setting
designations, providing the application process for a municipal setting designation, the
provision of notice to persons within the affected community, the deletion of insurance
requirements, the prohibition of the use of groundwater in a municipal setting designation,
City of Denton City Council Minutes
January 12, 2010
Page 4
the filing of deed restrictions in the official property records of Denton County, Texas;
providing findings; 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 city council approval thereof, providing
for publication thereof, and providing an effective date. The Committee on the
Environment recommends approval (3-0).
Resolution No. R2010-003
F. Consider approval of a resolution of the City of Denton, Texas recognizing the necessity of
protecting our limited water supply resources from pollution; endorsing the watershed
protection as an urgent regional program for the county, cities, towns and utilities located in
the watershed of Lewisville Lake; expressing the City's intention to participate in watershed
protection strategies to preserve and protect the environment and to safeguard the public
welfare; providing for an effective date. The Committee on the Environment recommends
approval (3-0).
Ordinance No. 2010-004
G. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of traffic signal hardware for the City of Denton Traffic Division;
providing for the expenditure of funds therefor; and providing an effective date (Bid 4431-
Annual Contract for Traffic Signal Hardware awarded to the lowest responsible bidder for
each item in the annual estimated amount of $200,000).
Ordinance No. 2010-005
H. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and Houston Galveston Area Council of Governments
awarding a contract for the purchase of eight police sedans; providing for the expenditure of
funds therefor; and providing an effective date (File 4459-Purchase of Police Sedans
awarded to Philpott Ford Inc. in the amount of $159,761 and Dallas Dodge in the amount of
$22,246 for a total award amount of $182,007).
Ordinance No. 2010-006
1. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of a Altec Pressure Digger as awarded by the
State of Texas Building and Procurement Commission (Contract TXMAS-3-23010);
providing for the expenditure of funds therefor; and providing an effective date (File 4462-
Pressure Digger for Denton Municipal Electric awarded to Altec Industries, Inc. in the
amount of $195,164). The Public Utilities Board recommends approval (7-0).
City of Denton City Council Minutes
January 12, 2010
Page 5
Ordinance No. 2010-007
J. 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 Cooperative Purchasing
Network for the acquisition of one Peterbilt 348 Dump Truck for Denton Municipal Electric
by way of an Interlocal Agreement with the City of Denton; and providing an effective date
(File 4453-DumpTruck for Denton Municipal Electric awarded to Rush Truck Centers of
Texas, LP in the amount of $113,780). The Public Utilities Board recommends approval (7-
0).
Ordinance No. 2010-008
K. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of asphalt and concrete street sections and repairs for Audra
Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid
3708-awarded to the lowest responsible bidder meeting specification, Jagoe-Public
Company, in the amount of $409,575.50).
Ordinance No. 2010-009
L. Consider adoption of an ordinance of the City of Denton, Texas approving the purchase of
two Life-Pak Defibrillators and associated supplies for the City of Denton Fire Department
available from only one source in accordance with the provision for State Law exempting
such purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4464-Purchase of Defibrillators for Fire
Department awarded to Physio-Control, Inc. in the amount of $69,585).
Ordinance No. 2010-010
M. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and
Denton County for ambulance services; and declaring an effective date.
Ordinance No. 2010-011
N. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton
and Denton County for fire protection services; and declaring an effective date.
Ordinance No. 2010-012
0. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA)
between the City of Denton and the County of Denton for the purpose of performing
maintenance on certain roads.
This item was not considered.
P. Consider adoption of an ordinance of the City of Denton, Texas approving a compromise
settlement agreement between Range Resources and the City of Denton; authorizing the
City Manager and the City's Attorneys to act on the City's behalf in executing any and all
documents, and to take other actions necessary to finalize the settlement; and declaring an
effective date.
City of Denton City Council Minutes
January 12, 2010
Page 6
Approved the minutes as noted below.
Q. Consider approval of the minutes of. December 1, 2009 December 8, 2009 December 11,
2009
Ordinance No. 2010-013
R. Consider adoption of an ordinance of the City of Denton, Texas, approving the
Tower/Ground Lease Agreement entered into by and between the City of Denton, Texas as
lessee and Denton County, Texas, as lessor; authorizing the City Manager to execute said
agreement; authorizing the City Manager's authority to expend funds as are necessary to
perform the agreement; and providing an effective date.
Items A-E for Individual Consideration were considered.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance approving an Advance Funding Agreement for a
Project Using Funds Held in the State Highway 121 Subaccount in the amount of
$57,689,189.00 between the City of Denton and the State of Texas for the widening
and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH35E)
service road south to Vintage Boulevard, authorizing the City Manager or his
designee to execute said Agreement on behalf of the City of Denton; and declaring
an effective date.
This item was not considered.
Ordinance No. 2010-017
B. Consider adoption of an ordinance approving an Advance Funding Agreement for a
Project Using Funds Held in the State Highway 121 Subaccount in the amount of
$56,670,566.00 between the City of Denton and the State of Texas for the widening
and construction of Mayhill Road from its intersection with Colorado Boulevard
north to U.S. Highway 380 (University Drive), authorizing the City Manager or his
designee to execute said Agreement on behalf of the City of Denton; and declaring
an effective date.
Frank Payne, City Engineer, presented information on Items B, D, and E. All three were
agreements for the expansion and improvements for Mayhill Road from Colorado to University
Drive. Item B was an advanced funding agreement with the State. Items D and E were interlocal
agreements with the County for local match money. He reviewed the funding arrangements and
funding sources with the City, County and State.
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.
City of Denton City Council Minutes
January 12, 2010
Page 7
This item was not considered.
C. Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement
(ICA) in the amount of $11,537,838.00 between the City of Denton and Denton
County Precinct No. 4 for the widening and construction of Bonnie Brae Road from
the Interstate Highway 35 East (IH35E) service road south to Vintage Boulevard,
authorizing the City Manager or his designee to execute said Agreement on behalf
of the City of Denton; providing for the expenditure of funds; and providing an
effective date.
Ordinance No. 2010-018
D. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement
(ICA) in the amount of $5,667,056.50 between the City of Denton and Denton
County Precinct No. 1 for the widening and construction of Mayhill Road from its
intersection with Colorado Boulevard north to U.S. Highway 380 (University
Drive), authorizing the City Manager or his designee to execute said Agreement on
behalf of the City of Denton; providing for the expenditure of funds; and providing
an effective date.
Mayor Pro Tern Kamp motioned, Council Member Gregory 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.2010-019
E. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement
(ICA) in the amount of $5,667,056.50 between the City of Denton and Denton
County Precinct No. 4 for the widening and construction of Mayhill Road from its
intersection with Colorado Boulevard north to U.S. Highway 380 (University
Drive), authorizing the City Manager or his designee to execute said Agreement on
behalf of the City of Denton; providing for the expenditure of funds; and providing
an effective date.
Mayor Pro Tern Kamp motioned, Council Member Mulroy 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.
The Council returned to the regular agenda order to consider the public hearings.
4. PUBLIC HEARINGS
Ordinance No. 2010-014
A. Hold a public hearing and consider adoption of an ordinance granting approval of an
electric easement for a subsurface use of a portion of the Denton Branch Rail Trail
approximately 260 feet north of Old Mayhill Road at Mile Post 725.1 in accordance
with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of
an electric easement and providing an effective date. The Parks, Recreation and
City of Denton City Council Minutes
January 12, 2010
Page 8
Beautification Board recommends approval (7-0.)
Bob Tickner, Parks Planning Administrator, stated that a public hearing was required for this
item as a portion of the park property would be used for non-park purposes. Denton Municipal
Electric was requesting a subsurface use for an electric easement.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Mulroy motioned, Council Member Gregory 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. 2010-015
B. Hold a public hearing and consider adoption of an ordinance granting approval of an
electric easement for a overhead use of a portion of the Denton Branch Rail Trail
approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in
accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of an electric easement and providing an effective date. The Parks,
Recreation and Beautification Board recommends approval (7-0.)
Bob Tickner, Parks Planning Administrator, stated that a public hearing was required for this
item as a portion of the park property would be used for an overhead electric easement.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Gregory 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. 2010-016
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, approving a Special Sign District Plan on approximately 4.17 acres, generally
located at 201 S. Locust Street and platted as Lot 1R, Block 23, Old Town Denton
Addition, in the City of Denton, Denton County, Texas; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, providing for severability
and establishing an effective date (SD09-0001). The Planning and Zoning
Commission recommends approval (7-0).
City of Denton City Council Minutes
January 12, 2010
Page 9
Chuck Russell, Planning Manager, stated that a special sign district was being proposed for the
First United Methodist Church. The special sign district would allow a deviance from the sign
requirements, specifically for the displaying of banner signs on a year round basis and a
deviation from the Code regarding temporary signs. Wall signs would be allowed on the east
and west entrances on building as a future use. The Planning and Zoning Commission
recommended approval with a minimum interval of 30 seconds on the LED sign and
consideration of the intensity of illumination so it would not bother drivers on the street.
The Mayor opened the public hearing. He indicated that speaker cards had submitted by Gwynn
Jump and Robert Torrey but would speak only if Council had questions.
The Mayor closed the public hearing.
Mayor Pro Tern Kamp motioned, Council Member Mulroy 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.
D. 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.
The Mayor opened the public hearing.
Council Member Mulroy motioned, Council Member Engelbrecht seconded to continue the
public hearing to the next city council meeting. 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.
E. Hold the first of two public hearings to consider and discuss, under the annexation
procedures for areas exempted from the municipal annexation plan, the Involuntary
Annexation, Service Plan and Non-Annexation Development Agreement for
approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ),
Division 1, and provide staff appropriate direction. The proposed annexation is in
multiple ownerships, and consists of fifteen (15) distinct areas, as presented in
Exhibit 1. The 15 areas are identified and generally located as follows:
(1) PAA1: 1,171 acres, located on the South side of Jim Christal Road; north side
of Tom Cole Road; west of Masch Branch Road; (2) PAA2 South: 1,472 acres
located on the South side of FM1173; north of W. University Drive; west of I-35;
(3) PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south
of Barthold Road; north of FM 1173; west of I-35; (4) PAA4: 1,555 acres, located
on the South side of Milam Road; north of Loop 288; east of I-35; (5) DH-1: 315
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January 12, 2010
Page 10
acres, located on the East of H. Lively Road; south of FM 2449; west side of John
Paine Road; (6) DH-2: 258 acres, located on the South side of University Drive;
west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of
Masch Branch Road; (7) DH-3: 421 acres, located on the South side of Spring
Side Road; north, south and west of Corbin Road; west of I-35; (8) DH-4: 347
acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive;
east and west of Vintage; (9) DH-5: 307.11 acres, located on the East side of Fort
Worth Drive; west of Country Club Drive; north of Bush Creek Road; (10) DH-
6: 9 acres, located on the East side of Teasley Lane; north of Hickory Creek Road;
west of Lipizzan Court; (11) DH-8: 29 acres, located on the West of Old Edwards
Road; north and south of Edwards Road; (12) DH-10: 87 acres, located on the
South of East McKinney; east and west of Lakey Circle; (13) DH-11: 388 acres,
located on the Southeast of the intersection of Mayhill Road and McKinney
Street; (14) DH-13: 16 acres; located on the West of the intersection of N. Locust
Street and Bobcat Road; south of Chaparral Road; and (15) DH-14: 26 acres,
located on the South side of Robinson Road; east of Teasley Lane.
Mark Cunningham, Director of Planning and Development, stated that the items for discussion
included (1) background information, (2) planning rationale, (3) purpose, (4) potential
annexation areas, (5) requirements of the annexation plan, (6) annexation areas, (7) the service
plan for the proposed annexation areas, (8) provisions of non-annexation agreements for
agriculture, wildlife and timberland use, (9) the annexation schedule, (10) notices and legal ads,
and (11) recommendations.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Don Womack, 6 Highview Court, Denton, 76205 - opposed
Kent Wolf, 7254 Barthold Road, Denton, 76207 - opposed
Melissa Vardas, 6954 Ganzer Road, Denton, 76207 - opposed
Rocky and Cynthia McMinn, 2736 Robinson Road, Denton, 76210 - opposed
Leslie Buell, 6778 C. Wolfe Road, Ponder, 76259 - opposed
Joey Hurst, 9711 Jim Christal Road, Krum, 76249 - opposed
Deborah Cottle, 480 Hickory Creek Court, Krum, 76249 - opposed
Henry Evans, 1106 Ridgecrest, Denton, 76205 - opposed
Richard LaSalle, 2055 Chinn Road, Denton - opposed
Dale Wolf, 7030 Barthold Road, Denton, 76207 - opposed
Don Dillard, 5000 Thanksgiving Tower, Dallas, 75201 - support
Janelle and Richard Burch, 4478 Country Club Road, Denton, 76201 - opposed
Bruce Putnam, 460 Hickory Creek Lane, Krum, 76249 - opposed
Michael Lawrence, 2900 Robinson Road, Denton, 76210 - opposed
Emrie Wilkes, 4045 S. Bonnie Brae, Denton, 76226 - opposed
Robin Gregory, 491 Hickory Creek Court, Krum, 76249 - opposed
Dan and Melinda Hampton, 2798 Robinson Road, Denton, 76201 - opposed
Levi Harris, 450 Hickory Creek Lane, Krum, 76249 - opposed
Pamela Kaatz, 2826 Robinson Road, Denton, 76210 - opposed
Jean Ann Harris, 450 Hickory Creek, Krum, 76249 - opposed
City of Denton City Council Minutes
January 12, 2010
Page 11
Robert Hammer, 4021 Corbin Road, Denton, 76207 - opposed
Terri Meador, 4021 Corbin Road, Denton, 76207 - opposed
Lee Fitch, 7202 Barthold Road, Denton, 76207 - opposed
Charles Hackett, PO Box 998, Argyle, 76226 - opposed
Billie Glosser, 990 Tom Cole Road, 76207 - opposed
Ladonna and Larry Pockrus, 9080 Wolf Run, Ponder, 76259
Bent Carter, 2043 Chinn Road, Denton, 76207 - opposed
Ignacio Escamilla, 4152 Fruth Road, Krum, 76249 - opposed
Robert Perches, 4250 Fruth Road, Krum, 76249 - opposed
Kevin Wade, 4377 S. Bonnie Brae, Argyle, 76226 - opposed
Thomas Hook, 721 W. Windson Drive, Denton, 76207 - opposed
Sheila Luster, 4377 S. Bonnie Brae, Argyle, 76226, - opposed
Don Barlow, 4365 Bonnie Brae, Argyle, 76226 - opposed
John Werner, 9088 Wolf Run Road, Ponder, 76259 - opposed
Tobie Carcano, 4115 Hampton Road, Denton, 76207 - opposed
Marc Cohen, 490 Hickory Creek Court, Krum, 76249 - opposed
Brent Knipfer, 492 Thomas J. Egan Road, Denton, 76207 - opposed
Linda Cole, 6376 Jim Christal Road, Denton, 76207 - opposed
Rick Ashley, 430 Hickory Creek, Krum, 76249 - opposed
The Mayor closed the public hearing
Mayor Burroughs requested clarification on answers for questions that had been submitted by
residents of the potential annexation areas.
Cunningham stated that about 95% of the questions had been answered with several of the
questions sent to other agencies for answers. As soon as everything was answered, he would
make both the questions and answers available to all residents plus all those in attendance and
also post them on the City's website.
Council Member Mulroy asked for an expansion on the conditions of the agricultural exemption.
He felt there were two elements involved. One dealt with the agricultural exemption on the land
after the five year agreement had ended.
Cunningham stated that the agricultural exemption was not tied to the annexation.
Council Member Mulroy stated that the second area of possible misunderstanding dealt with
whether an agricultural use, with or without an exemption when annexed, would continue.
Cunningham stated that such a use would be a non-conforming use and would remain. After
property was annexed into the city, it was given a RD-5 zoning classification which essentially
was an agricultural use. That zoning category would remain until the property owner or an agent
of the property owner initiated rezoning.
Mayor Burroughs asked if the annexed property would maintain the existing electrical provider.
City of Denton City Council Minutes
January 12, 2010
Page 12
Cunningham stated that the Code did not consider gas or electrical as full municipal services and
was not addressed by the service plan. He did not know if the annexed property would have to
change electrical providers.
City Manager Campbell indicated the question and answer would be included in the information
that was going to be sent out.
Council Member Gregory asked if the cost to serve was required by law.
Cunningham stated that Council had asked for a cost to serve and was not required. The service
plan was required which had been created.
Mayor Burroughs indicated Comment Cards had been submitted by:
Dana Gandy, 3300 Springside Road, Denton, 76207 - support
Cindy and Brian Zimmerman, 9231 Jim Christal Road, Krum, 76249 - opposed
Richard Harris, 425 Fry, Denton, 76201 - opposed
Evelyn Barthold, PO Box 2415, Denton, 76202 - opposed
Darrell Greid, 6540 Jim Christal Road, Denton, 76207 - opposed
Dana Miller, 4575 Miller Road, Krum, 76249 - opposed
Beth and Larry Manning, 6430 Jim Christal, Denton, 76207 - opposed
David Patterson, 6488 Jim Christal, Denton, 76207 - opposed
Claudia Lynch, 2585 Underwood Road, Denton, 76207 - opposed
Bernice Patterson, 6488 Jim Christal Road, Denton - opposed
Darlene Rector, 4711 N. Bonnie Brae, Denton - opposed
J. F. Baker, 6767 Ganzer, Denton, 76207 - opposed
Don and Nancy Cole, 4109 Hampton Road, Denton, 76207 - opposed
Suzanne Shaeffer, 5209 Whiting Way, Denton, 76208 - opposed
Barry Combs, 4525 Miller Road, Krum, 76249 - opposed
Larry Green, 2388 Lovers Lane, Krum, 76249 - opposed
Alvaro Pina, 4645 Miller Road, Krum, 76249 - opposed
Silvia and Jose Pena, 470 Hickory Creek Court, Krum, 76249 - opposed
Donna Taylor, 9097 Jim Christal Road, Krum, 76249 - opposed
Mark Hicks, 5100 Barthold Road, Denton, 76207 - opposed
Scott and Kena Gandy, 1927 Underwood, Denton, 76207 - opposed
J. Mike Riley, 2057 Underwood, Denton, 76207 - opposed
Sheila Figueiras, 7296 Barthold, Denton, 76207 - opposed
Lisa Fergason, 7563 Lois Road, Sanger, 76266 - opposed
Miguel Lira, 3841 FM 1173, Krum, 76249 - opposed
Mike Darling, 3806 Hampton Road, Denton, 76207 - opposed
John and Lavena Peppler, 2382 Chinn Road, Denton, 76207 - opposed
Cindy Hook, 7066 Ganzer Road, Denton, 76207 - opposed
Suzan James, 175 Cunningham, Denton, 77208 - opposed
Mike Prittchard, 8981 Jim Christal Road, Krum, 76249 - opposed
David Laney, 2501 Laney Circle, Denton, 76208 - opposed
Matt Kern, 3153 Lovers Lane, Krum, 76249 - opposed
Shawn Sloan, 2000 Lovers Lane, Krum, 76249 - opposed
Robert Barker, 8106 W. University, Denton, 76207 - opposed
City of Denton City Council Minutes
January 12, 2010
Page 13
Stanley and Joyce Qualls, 3901 Yellowstone Denton, 76209 - opposed
Tamera Cohen, 490 Hickory Creek Court, Krum, 76249 - opposed
Terry and Jean Caldwell, 6830 Ganzer Road, Denton, 76207 - opposed
John Caldwell, 6830 Ganzer Road, Denton, 76207 - opposed
John Roberts, 1415 Auburn Drive, Denton, 76201 - opposed
Steve Roberts, 6868 Ganzer Road, Denton, 76207 - opposed
Ray Pearson, 4363 Ganzer Road Denton, 76207 - opposed
Ray Roberts, 2136 Chinn Road, Denton, 76207 - opposed
Don and Jane Yeatts, 6262 Milan Road, Sanger, 76266 - opposed
Linda Roberts, 2136 Chinn Road, Denton, 76207 - opposed
Carole Womack, #6 Highview Court, Denton, 76205 - opposed
Prudence Haywood, 5841 Canyon, Sanger, 76266 - opposed
Astrid and Wolfgang, 4243 FM 1173, Krum, 76249 - opposed
Janet Ross, 4690 Miiller, Krum, 76249 - opposed
Robert Cole, 3775 Ganzer Road, Denton - opposed
Mark Cole, 6376 Jim Christal Road, Denton, 76207 - opposed
Nelda Hackett, PO Box 998, Argyle, 76226 - opposed
Rebecca Lawrence, 2900 Robinson Road, Denton, 76210 - opposed
Donna Putnam, 460 Hickory Creek Lane, Krum, 76249 - opposed
Linda Chapa, 6306 Milam Ridge, Sanger, 76266 - opposed
Laura Jane Whitworth, 3482 Springside, Denton, 76207 - opposed
Jim Crosby, 5875 Milam Ridge Road, Sanger, 76266 - opposed
Mrs. Grady Baker, 3472 N. Masch Branch Road, Denton, 76207 - opposed
Dean Konz, 5828 Milam Ridge Road, Sanger, 76266 - opposed
John McQuinn, 7202 Barthold Road, Denton, 76207 - opposed
Jess Youngkin, 4287 Bonnie Brae, Argyle, 76226 - opposed
Phil Lemmons, 1621 Pinehills Lane, Corinth, 76210 - opposed
Helen Ann Stults, 2194 Underwood Road, Denton, 76207 - opposed
Lyle Whitworth, 3482 Springside Road, Denton, 76207 - opposed
Larry Kaatz, 2826 Robinson Road, Denton, 76210 - opposed
John Chutkowski, 6957 Ganzer Road, Denton, 76207 - opposed
Barbara Whitworth, 4085 Corbin Road, Denton - opposed
Bert Yarbrough, 204 Long Canyon, Richardson, 75080 - opposed
Betty Schulter, 9101 Starwood Lane, Denton, 76207 - opposed
Kenneth and Glenda Hatridge, 2062 Chinn Road, Denton, 76207 - opposed
Delma and Kenneth Stewart, 2010 Chinn Road, Denton, 76207 - opposed
Malcolm and Linda Ellison, 3602 N. Masch Branch Road, Denton, 76207 - opposed
Mike King, 2408 N. Carroll, Denton, 76205 - opposed
Bob Darby, 1946 Darby Smith Road, Krum, 76249 - opposed
C. L. and Nancy Yeatts, 2383 Chinn Road, Denton, 76207 - opposed
Tammy Tubbs, 4277 Bonne Brae, Argyle, 76226 - opposed
Don and Pat Logan, 4269 S. Bonnie Brae, Argyle, 76226 - opposed
Danny and Sandra Schertz, 4760 N. Bonnie Brae, Denton, 76206 - opposed
No action was taken on this item by Council.
Council returned to the Individual Items for consideration.
City of Denton City Council Minutes
January 12, 2010
Page 14
F. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a.) Bob Clifton regarding Fry Street.
Mr. Clifton suggested making a people's park on Avenue A. He presented photos on the area of
the Fry Street and Avenue A area and suggested the City buy the block bordering on Oak, Fry
Hickory and Welch. He felt the current property was a disgrace and should be cleaned up.
b.) Willie Hudspeth regarding concerns for Southeast Denton.
Mr. Hudspeth was not present at the meeting.
G. 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 by Council.
H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs announced that Council would be going back into Closed Session.
1. 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
January 12, 2010
Page 15
With no further business, the meeting was adjourned at 11:55 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS