CITY 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 04:00 p.m. in the Council Work Session Room at City Hall.

Click here to view Agenda with Backup Materials

PRESENT:      Mayor Burroughs, Mayor Pro Tem 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:

A. Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1. 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.

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.

C. 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.

1. PLEDGE OF ALLEGIANCE

A. U. S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

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

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 Tem 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 Tem 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, 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

I. 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).

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

O. 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.

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.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

Items A-E for Individual Consideration were considered.

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 Tem 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 Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.


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.

This item was not considered

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 Tem 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 Tem 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 Tem 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 Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.

 

The Council returned to the regular agenda order to consider the public hearings.


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.

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.

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.

I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

Mayor Burroughs announced that Council would be going back into Closed Session.

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 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 Tem 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 Tem 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).

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 Tem 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 Tem 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 Tem 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 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

            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.

 

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

            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. 


There was no official action on Closed Meeting items.

 

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