Minutes April 07, 1998CITY OF DENTON CITY COUNCIL M1NUTES
April 7, 1998
The Council convened into a Special Called Meeting on Tuesday, April 7, 1998 at 11:00 a.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Cochran, and Durrance.
ABSENT: Mayor Miller, Council Members Kristoferson and Young
1. The Council received and opened bids regarding the City of Denton's General Obligation
Bonds, Series 1998.
David Medanich, First Southwest Company, opened and read the bids submitted along with the
interest rate: Southwest Securities, 5.021; Prudential, 4.9682; First Southwest Company, 4.949;
and William R. Hough, 4.9279.
Council Member Young arrived at the meeting.
2. The Council received and opened bids regarding the City of Denton's Certificates of
Obligation, Series 1998.
David Medanich, First Southwest Company, opened and read the bids along with the interest rate:
Southwest Securities, 4.7417; First Southwest Company, 4.715; Prudential Securities, 4.7136;
Soloman Smith Barney, 4.6949; and Morgan Keegan, 4.6955. He stated that he would check the
bids for the two bonds to make sure they conformed to all necessary requirements and would
return with a recommendation.
3. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton General Obligation bonds, series 1998, levying the tax to pay same,
and approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
David Medanich, First Southwest Company, stated that he would recommend the low bid of
William R. Hough at an interest rate of 4.9279.
The following ordinance was considered:
NO. 98-085
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALES, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1998, LEVYING
THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING
AN EFFECTIVE DATE.
Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried
unanimously.
City of Denton City Council Minutes
April 7, 1998
Page 2
4. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Certificates of obligation, Series 1998; and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
Dave Medanich, First Southwest Company, stated that he would recommend the low bid of
Soloman Smith Barney at an interest rate of 4.6949.
The following ordinance was considered:
NO. 98-086
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1998, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye." Motion carried
unanimously.
With no further business, the meeting was adjourned at 11:15 a.m.
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, April 7, 1998 at 5:45 p.m. in the Council Work
Session Room at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney-Under TEX. GOV'T. CODE Sec. 551.071
Considered strategy and discussed status of case with City Attorney in
litigation styled Denton County Historical Museum, Inc. v. Denton County,
Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed
in the Probate Court of Denton County, including, but not limited to issues
related to allegations of breach of contract and ownership of artifacts.
B. Conference with Employees--Under TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees or questioned employees during a staff conference
or briefing, but did not deliberate during the conference.
Regular Meeting of the City of Denton City Council on Tuesday, April 7, 1998 at 7:00 p.m. in the
City of Denton City Council Minutes
April 7, 1998
Page 3
Council Chambers of City Hall, 215 E. McKinney Street,
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. The Council considered approval of the minutes of February 3, February 10, February 17,
February 24, March 3, March 17, March 24 (Special Session), and March 24, 1998.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote, Beasley
"aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and
Mayor Miller "aye". Motion carried unanimously.
3. Yard of the month awards
Mayor Miller presented the following Yard of the Month awards:
Lloyd & Elizabeth Fitzpatrick
Rhoades & Jean Allen
Catherine & Bob Sikes
Randall & Heather Rattan
Small Fry Children Shop - Business Award
Austin Street Gallery - Downtown Business Award
4. Proclamations
Mayor Miller presented a proclamation for National Community Development Week.
5. The Council received a report from Dessie Goodson regarding public officials who can't
face the truth.
Ms. Goodson asked why the Council wanted to discontinue her trial when it was not right to do
so. Her civil rights had been violated. The Assistant City Attorney had filed false papers against
her. The City kept insisting that it did not have control over the transportation system while
having ads that stated it was owner of the system. She had requested information which the City
would not release and those documents were public information. She was in favor of electric
deregulation and the ability to chose her service.
6. The Council received a report from Ross Melton regarding legislator/bureaucrat's creed-
City of Denton City Council Minutes
April 7, 1998
Page 4
certificate presentation.
Mr. Melton stated that the solid waste service and service for drainage was very good. He felt
that the government felt that it could intervene into all aspects of citizen's lives. That was not
right in his opinion. The court system did not work when dealing with government. He did not
receive responses from city staff nor from the Council.
~ON~ENT AGENDA
Council Member Cochran requested that Item # 10 be pulled for separate consideration.
Beasley motioned, Brock seconded to approve the Consent Agenda and accompanying
ordinances except for Item #10. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried
unanimously.
7. NO. 98-087
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR
MLK RECREATION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2173 - HVAC
Renovation and Equipment Replacement for MLK Recreation Center to BCI Mechanical
in the amount of $117,800.00)
NO. 98-088
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF DENTON AND CORGAN ASSOCIATES, INC. FOR THE DESIGN OF
THE NORTH LAKES AND DENIA RECREATION CENTERS EXPANSION IN THE
AMOUNT OF $75,000.00 FIXED FEE AND A NOT TO EXCEED REIMBURSABLE
AMOUNT OF $7,500.00; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2174 - North Lakes
and Denia Recreation Centers Expansion-Corgan Associates, Inc.-Fixed Fee of
$75,000.00 plus a not to exceed reimbursable amount of $7,500.00)
NO. 98-089
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR THE PURCHASE OF A POWER TRANSFORMER
IN THE AMOUNT OF $445,939.00; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2183 -
Power Transformer in the amount of $445,939.00 awarded to Waukesha Electric)
City of Denton City Council Minutes
April 7, 1998
Page 5
11
12.
13
14.
15.
16.
NO. 98-091
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A FILE
SERVER, CONTROLLER, HARD DRIVE, ROUTER AND PERIPHERALS
INCLUDING MAINTENANCE AS AWARDED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION, STATE OF TEXAS QUALIFIED
iNFORMATION SERVICES VENDOR (QISV); PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (PO #83725 -NTCS, Inc. in the amount of $36,766.00)
NO. 98-092
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ORNAMENTAL STREET LIGHT POLES
AND FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (Bid #2179 - Ornamental Street Light
Poles in the amount of $57,090.00 awarded to Fred Oberlender and Associates)
NO. 98-093
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES
CONTAINED IN ORDINANCE NO. 97-236; AMENDING ORDINANCE NO. 98-046
WHICH CREATED AN ENERGYSAVE PROGRAM SCHEDULE (EP) FOR THE
PURPOSE OF DELETING ONE GUIDELINE PERTAINING TO THE
QUALIFICATION FOR THE STRUCTURE INCENTIVE CONTAINED THEREIN;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 98-094
AN ORDINANCE AMENDING ORDINANCE NO. 96-032 AUTHORIZING
ASSIGNMENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE
CLASSIFICATION OF DRIVER WHO IS ALSO ASSIGNED TO PERFORM THE
DUTIES OF MAINTENANCE/LOGISTICS OFFICER.
NO. 98-095
AN ORDINANCE AMENDING ORDINANCE NO. 96-076 AUTHORIZING
ASSIGNMENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE
CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE
DUTIES OF iNFORMATION MANAGEMENT COORDINATOR.
NO. 98-096
AN ORDINANCE AMENDING ORDINANCE NO. 96-076 AUTHORIZING
ASSIGNMENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE
CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE
DUTIES OF EMS PROGRAM MANAGER.
City of Denton City Council Minutes
April 7, 1998
Page 6
17.
NO. 98-097
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT
SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS,
AS REQUIRED, TO OBTAIN FUNDING FOR THE 1998 SUMMER FOOD SERVICE
PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
18.
Tax refund to The Vintage for $1,539.11 due to a tax liability reduction on 1997
Supplemental Roll # 10 from the Denton Central Appraisal District.
19.
NO. R98-013
RESOLUTION AMENDING RESOLUTION NO. 97-037 BY APPROVING A
REVISED BUDGET FOR THE DENTON BLACK CHAMBER OF COMMERCE FOR
THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT
TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN
EFFECTIVE DATE.
Plllll JIT, HEARING~
20. The Council held a public hearing and considered rezoning 0.2788 acres from Commercial
(C) zoning district to Multi-Family (MF-1) zoning district. The subject property was located on
the northeast corner of Maple Street and Myrtle Street. The applicant proposed to convert the
existing garage into an apartment. (The Planning and Zoning Commission recommended
approval 3-2.)
Dave Hill, Director of Planning and Development, stated that this property was located at 216
Maple Street. The applicant requested a rezoning of the property from commercial to multi-
family-1. The only zoning history was that the property was initially zoned commercial in 1969.
The proposal was to convert a garage to an apartment. The remaining area on the site would be
used for off-street parking. This would be a legal non-conforming use. In order to be conforming
if multi-family zoning was approved, the required off-street parking would have to be provided to
obtain a building permit. The parking requirements depended on the number of units and
bedrooms in the proposal. These would be one bedroom units and if there were a total of four
units, six parking spaces would be required. The original proposal of five units would require
eight spaces. Even with a 20 foot setback line, eight spaces could be put on the site. The primary
consideration was that this was a multi-family - 1 rezoning request. There was no limitation in
terms of the number of units placed on the recommendation by the Planning and Zoning
Commission and if approved as straight multi-family-1 zoning, redevelopment of the site could be
different.
Council Member Kristoferson asked if a motion should specify one bedroom units.
City of Denton City Council Minutes
April 7, 1998
Page 7
Hill stated that the proposal had started with two bedroom units but off-street parking became a
concern. He felt that the existing layout of the property and the structures were compatible with
the existing neighborhood but that could change if the property were redeveloped.
Council Member Young asked if there were any businesses in the area.
Hill stated that there was a commercial use on the east side of the property but on all other sides
was residential properties.
Mayor Pro Tem Brock asked if this would be straight multi-family - 1 zoning.
Hill replied correct.
Mayor Pro Tem Brock asked if the current structures could be removed and something different
developed on the property.
Hill stated that the commercial zoning allowed a higher height for building and multi-family -1
was a reduction. The only limiting factor would be the number of parking spaces.
The Mayor opened the public hearing.
Robert Hamlin stated that the intent was to convert the property to an apartment with one or two
bedrooms. With parking and landscaping requirements, he probably would make it into a one
bedroom unit. He wanted to upgrade the garage to something useful. He would make the area as
aesthetically pleasing as possible.
The Mayor closed the public hearing.
Council Member Cochran asked if the proposal was for an apartment with two bedroms or for
two independent units and how the parking requirements would be affected.
Hill stated that parking was determined by the total number of units on site with the number of
bedrooms. If there were a 3 bedroom unit, 1.5 parking spaces would be required per bedroom.
A single unit with two bedrooms would require two parking spaces. It was the impression that
there would be three one-bedroom apartments that would still require 1.5 parking spares per unit.
The following ordinance was considered:
NO. 98-098
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO
MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.2788 ACRES OF LAND LOCATED ON THE NORTHEAST
CORNER OF MAPLE STREET AND MYRTLE STREET; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 7, 1998
Page 8
Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
21. The Council held a public hearing and considered approval of a request to rezone 1.203
acres of land from Office conditioned (O[c]) zoning district to Office (O) zoning district. The
property was located on the west side of Hinkle Road, north of Greenbrier (also known as 2301
Hinkle) and was rezoned from Single Family (SF-7) to Office Conditioned (O[c]) in 1996. The
proposed rezoning would eliminate four zoning conditions placed on the property in 1996. (The
Planning and Zoning Commission recommended approval 5-1 of a change of zoning to Office
conditioned (O[c]) zoning district with nine (9) conditions.)
Dave Hill, Director of Planning and Development, stated that the property was located at 2301
Hinkle and was the current site of DBR Construction. The request was for straight office zoning
from an office-conditioned zoning district. The proposal would eliminate four conditions imposed
on the property as an office-conditioned use. The Planning and Zoning Commission
recommended nine conditions for the proposal. Opposition to the proposal did not invoke the
20% rule for a super majority vote. There were three scenarios that could apply to the proposal:
(1) Straight office zoning with no conditions which was proposed by the applicants. A 30 foot
right-of-way would have to be dedicated, a 25 foot front set back, a 10 foot rear setback and 10
foot side set backs would be required. The approximate buildable area would be slightly less than
an acre. (2) The staff recommendation had no change in the existing setbacks except to change to
a 20 foot rear setback. The buildable area was 19,525 square feet. (3) The Planning and Zoning
Commission recommendations included keeping the front and side setbacks and increasing the
rear setbacks to 20 feet with a 20 foot side setback with conditions. The original conditions were
(1) the use would only be for professional/administrative office, (2) the maximum square footage
of all buildings would not exceed 5,000 square feet, (3) the 55 foot building setback along the
south property line would include a setback for a dumpster and (4) lighting would not directly
illuminate adjoining property. Staff recommended seven conditions in an effort to give an
allowance to build more. A complete listing of the conditions was included in the agenda backup
materials.
The Mayor opened the public hearing.
Dylan Bath asked what was proposed for the property.
Hill stated that there was no stated intent for development at this time.
The Mayor closed the public hearing.
Cochran motioned, Brock seconded to deny the request. He stated that originally there was a
church in the area. The church rented out space to a school and then the church moved away.
The school took over the site with a specific use permit. When the school left the property, there
was a proposal to build an office on the site. Conditions for an office were to keep the same
footprint and not infringe on the neighborhood. This type of incremental zoning was a threat to
City of Denton City Council Minutes
April 7, 1998
Page 9
neighborhoods. There was no neighborhood meeting prior to the Planning and Zoning
Commission meeting. This area was a delicate neighborhood with no real office use in the area
except for the existing use.
Council Member Young stated that he was in favor of the zoning. There was already an office in
the area on the property. The City should continue this zoning and not keep the owner's from
improving the property.
Council Member Beasley stated that she was in favor of the motion to deny the request. It
appeared that with the 55' setback, a driveway could be built in the area near the existing homes.
Covered parking and storage could also be built in the area near the homes.
Mayor Miller stated that he would be voting against the motion as he felt this was a reasonable
request for the property. In his opinion, the Planning and Zoning Commission had asked pertinent
questions regarding the property.
Council Member Kristoferson stated that she would support denial of the request. This was a
neighborhood with single family uses. She was concerned with an incremental increase of the
usage.
Council Member Durrance stated that he would support the motion because of insufficient facts
for the use of the property. The site was on the edge of a neighborhood that needed to be
considered. There were too many unknown factors with the proposal.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay",
Brock "aye", and Mayor Miller "nay". Motion carried with a 5-2 vote.
22. The Council held a public hearing and considered approval of a request to rezone 17.46 acres
of land from Agricultural (A) zoning district to Light Industrial (LI) zoning district. The property
was located in northwest Denton on the south side of Highway 77, between Loop 288 and 1-35.
(The Planning and Zoning Commission recommended approval 6-0 of a change to Commercial
conditioned (C[c]) zoning district.)
Dave Hill, Director of Planning and Development, stated that the action requested was approval
to rezone the property from agricultural to light industrial. The site was in an urban center and
the request was less intense than the urban center designation and commercial zoning was more
appropriate. The conditions recommended with the proposal provided some measure of
protection of existing development. The Planning and Zoning Commission unanimously
recommended approval with six conditions. The super majority rule was not in effect if
commercial zoning was approved rather light industrial. The Planning and Zoning Commission
recommended a change to the zoning to commercial instead of light industrial. The property was
located near three important thoroughfares with a potential for high vehicle traffic. The
preliminary plat was approved on March l lth. The Planning and Zoning Commission
recommendations included changing the zoning from light industrial to commercial conditioned;
the building line on Highway 77 would be 50' with the landscaped area no less than 30' from
Highway 77; there would be a landscaped bufferyard of 20' along south property line; lighting
City of Denton City Council Minutes
April 7, 1998
Page 10
may not directly illuminate adjoining property with no light diffusion; 50% of the buildings facing
Highway 77 would have masonry materials; and there would be no truck bays on the Highway 77
side of the building. The proposal was for a truck parts store with possible repair on site.
The Mayor opened the public hearing.
Bill Coleman stated that originally light industrial zoning was requested as that was one of the
suggested uses in pre-design comments with the Development Review Committee. After several
Committee meetings the petitioner discovered, just before a Planning and Zoning Commission
meeting, that staff would recommend a commercial use. The petitioner decided to go along with
the commercial use with the only objection being the 50% building facade be non-metal. There
was a desire to include wood treatments and glass. They also had an objection to the staff
condition of no repair doors facing Highway 77. A site plan with building elevations was
available. He requested approval of the request with conditioned commercial zoning without the
requirement on the bay doors and the masonry exterior.
Mayor Pro Tem Brock asked about the objection to the limitation of bay doors.
Coleman stated that the orientation of the building with the bay doors on the front of the building
would allow proper air ventilation.
Dale Brian stated that the one problem with the Planning and Zoning Commission
recommendation regarding the limitation to masonry exterior was that it would eliminate glass, a
stucco finish, pre-cast concrete and wood treatments. If the building location were changed only
a solid slab of a building materials would be seen rather than the front of the building.
Tom Edmundson stated that he was in opposition to the proposal. He did not want to deviate
from the type of construction. He did not want the bay doors to face Highway 77.
The Mayor closed the public hearing.
Mayor Pro Tem Brock felt that the Planning and Zoning Commission recommendation was
acceptable because of the conditions that were added. This would be a major entranceway to the
City with a four-lane highway to be developed in the area. Not having open bay doors facing
Highway 77 would be an important part of the look of the highway.
Brock motioned, Beasley seconded to adopt the ordinance with the recommendations by the
Planning and Zoning Commission to change the zoning to commercial conditioned zoning. An
exception to those conditions would be to change the word "masonry" in Condition Five to "non-
metal". An additional condition would be to have lighting of the type to prevent defusion into the
sky.
Council Member Young stated that he did not like the idea of telling a developer how to design a
building. The bay doors would not be a problem and it was a health factor to have the doors
open. The air flow would be better facing Highway77. He offered a friendly amendment to not
change the bay doors.
Mayor Pro Tem Brock stated that she would not accept that friendly amendment to her motion.
City of Denton City Council Minutes
April 7, 1998
Page 11
11
Mayor Pro Tem Brock stated that she would not accept that friendly amendment to her motion.
Young motioned to amend the motion to remove the requirement on the bay doors. The motion
died for lack of a second.
Council Member Beasley felt that there was a different way to design the building. The front of
the building could remain the same and the doors changed to a north-south orientation for better
airflow.
ORDINANCE NO. 98-099 - rezoning 17.46 acres on Hwy 77, between Loop 288 and 1-35
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "nay",
Brock "aye", and Mayor Miller"aye". Motion carried with a 5-2 vote.
23. The Council held a public hearing and considered adoption of an ordinance replacing
Chapter 31 "Landscaping, Screening and Tree Preservation" of the Code of Ordinances of the
City of Denton relating to the draft Interim Landscape Ordinance; providing a criminal penalty in
an amount not to exceed $500.00 for each violation thereof; providing a civil penalty in an
amount not to exceed $1,000.00 for each day of violation thereof; providing a severability clause;
providing a savings clause; and providing an effective date.
Dave Hill, Director of Planning and Development, stated that this was the third public hearing
regarding this proposal. He presented a summary document regarding the proposal. During a
work session on March 24th, Council had asked staff for further issues with recommendations. It
was suggested that the 20-20 rule be reduced to 15-20 with 20 trees reduced to 15 trees per acre.
Council also requested that a meeting be held with the Chamber of Commerce. Fifteen people
attended that meeting with a primary result of asking staff to look at how high industrial and
distribution centers would be affected and the factors related to those uses. There was also a
suggestion to re-evaluate whether or not to have irrigation requirements with the ordinance.
Aspects of the ordinance which would change included (1) excluding the Denton Municipal
Airport, the Fry Street Development Corporation boundary and the Central Business District
with certain areas still having to be in compliance with the ordinance; (2) flexibility for
alternative shrub spacing; (3) bufferyard section changing so that any plant materials used in a
required bufferyard could be credited toward the overall site planting requirements; (4) the
selected species list had minor changes; (5) reduction of tree requirements from 20 to 15 trees per
acre. Two other items for consideration were the discussion of the impact on industrial projects
and potential responses to that. There were ten options identified to allow some selection for
industrial and distribution uses which ranged from staying at 15 trees per acre to allowing some
exclusion of gross site area to provide relief for industrial properties. The zoning ordinance was
not helpful in defining industrial/distribution uses so definitions were added to better clarify
those uses. Terminal and joint terminal use facilities definitions were also added. There was
also an extensive discussion on actual regulatory language to be inserted if Council wanted to
add irrigation requirements. That addition was strongly recommended at the Chamber meeting.
The last recommendation by staff was to change the effective date from May 1st to June 1~' to
allow more time for administrative preparation.
The Mayor opened the public hearing.
City of Denton City Council Minutes
April 7, 1998
Page 12
residential and commercial categories. That would equal out the tax burden for all present. The
20-15 rule was a good change. Industrial sites usually took 50% of the building ratio with 30% in
paving and 20% landscaping and then overlaid a tree ordinance. He suggested a formula using an
overlay technique after the building footprint was eliminated. He was in support of including
irrigation requirements.
Council Member Young asked for more time for Mr. Noble to speak. Council agreed to allow
two more minutes.
Noble stated that he was in favor of the irrigation portions of the proposal. Option 7 or 8 would
provide a good base line to bring more industry to the city.
John Cooper stated that he supported the ordinance. He felt there had been good representation
of input from citizens. He was the chair of the Tree Board and staff met with them for their input.
He felt the document was fair and could be implemented uniformly. The proposed ordinance was
easy to understand and was easy to enforce. There had been some discussion of why such an
ordinance was needed. Since the ordinance was in effect, there had been a revitalization of the
university area with more landscaping and an upgrading of the neighborhoods. There was a need
to set a standard all could live with and set a higher standard than the surrounding area. He was
in favor of lighter density for industrial/distribution centers.
Thomas Edmundson stated that Trammel Crow was here to make a sale. Option 8 would result
in three trees per acre. The ordinance needed to remain as proposed. He expected excellence
from the Council and Denton be a leader. The ordinance could exist with 15-20 but no less.
George Highfill stated the Chamber was the primary marketing agent for the City. He worked
with developers everyday for the betterment of the City. The Chamber had coordinated two
different meetings and their position was not far from that of staff's. A primary concern was that
industrial property should have the least amount of restrictions. The Chamber did not have a
position on how to accomplish the proposal but only that it should be accomplished. He asked
Council to consider all options to limit restrictions to industrial property.
Mitchell Turner stated that the Council should not make any further concessions to the ordinance.
He did not feel commercial property should have less restrictions than other types of property.
He wanted to be sure that industrial development carried their share of the landscaping. Three
trees per acres was ridiculous.
Jacqueline King stated that she was concerned about the destruction of treed lots for the sake of
development. She was a member of KDB Board and was on the Tree Board. Advantages other
cities had gained such as Fort Worth, with this type of ordinance, included an 80% savings in
energy, an 18% savings in stormwater drainage and the rest in air quality. Increasing the urban
forest would assist with air quality. Trees fought air pollution by reducing air temperatures and
slowing storm water runoff.
Cliff Mycoskie stated that developers looked at taxes, impact fees, landscaping requirements, etc.
when deciding where to locate. He reviewed various cities requirements for landscaping on a
particular property. The current proposal would require too many trees in order to grow
City of Denton City Council Minutes
April 7, 1998
Page 13
properly.
Nancy Ustick stated that she supported the ordinance. Staff had done an extraordinary job with
the proposed ordinance. She felt this was not anti-business and would not drive business away.
She was in favor of the inclusion of the irrigation requirements. It was important to have a
mixture of species of trees. The proposed ordinance was a preventative measure and part of the
solution to the problem of air pollution. Surrounding cities were looking for leadership from
Denton with this issue. She asked Council to take a great leap forward and pass the ordinance at
full strength.
Jim McKissack stated that there were two main issues dealing with this proposal. One was that
developers would continue to develop in Denton with such a proposal and the second was that
the person paying for trees were individuals, not the developers. He felt there was a need to
adopt an ordinance but it needed to be fair to all.
Bob LeMond urged Council to amend and improve the ordinance. The original ordinance would
be less desirable for developers to come to Denton. Anything done to make Denton less
competitive would be against what citizens would want. No other ordinance he knew of was
computed on the gross area of the site. Most industrial sites had only 25% of area for landscaping
after the reduction of the building site, parking, etc.
Robert McFarland stated that a stricter ordinance would restrict the number of business that
would come to Denton. He reviewed various requirements from other cities. Denton needed to
be a leader.
Mayor Miller stated that Sue Darby submitted a Blue Card indicating she was in support of
Option 7 or 8 as was Bill Patterson. Ann Houston indicated that she was in favor of Option 7,8,
or 9.
Tony Clark stated that in order for Denton to be successful in bringing economic development to
the city, it needed to be competitive. Denton needed to be competitive with other cities in the
area. Under the proposed ordinance, Denton would not be competitive. He urged the Council to
support a middle-of-the-road scenario.
Mayor Miller indicated Speaker Cards were received from Chuck Carpenter who was in favor of
Option 7 or 8; Dick Smith who was in favor of Option 7 or 8; Brian Shear who was in support as
long as it was not restrictive to the nature of a business; Lee Ann Rutherford who felt that the
benefit of trees in the urban environment was economical and healthy; and Barbara Russell who
was in opposition to the ordinance as it was presented to the Chamber of Commerce.
Vicki McCombs stated that staff presented the 20-20 plan and she supported that plan. She felt
that would be "perfect vision" for Denton. She did not support any further reduction than 20-15.
She felt strong language in the ordinance was needed for development of the future. She felt it
was an error in judgement to have a private meeting last week. Members there had the same
opportunity as others to speak at prior public meetings.
Harry Philips stated that development would come to Denton but there was a need to be careful
City of Denton City Council Minutes
April 7, 1998
Page 14
of how that would be done. In the list of accepted trees, there was no mention of mesquite trees.
Don Dillard stated that Council needed to consider the amount of area available to place
landscaping on a site. He did not know of any other requirement to use the building portion as
part of the landscaping formula.
Gerri Ashenbrenner stated that her main concern was for future generations. She was concerned
about whether the growth would cause competition with the aesthetics of Denton.
Kent Key stated that it was good that irrigation be included in the ordinance. He felt that 20-15
was excessive and burdensome to businesses. If the City did not have business growth, there
would be a large increase in the tax rate for homeowners. He felt it would be better to error on
the side of business and development. There was an ordinance in place at this point in time. It
was a 10-10 ordinance that was in line with other cities for competition of area cities. He urged
Council to vote Option 7, 8, or 9 as the others were too excessive. The other options would slow
or stop development. He asked Council to postpone the effective date for six months or so before
the requirements would begin. He did not like the residential portion of the ordinance.
Craig Irwin stated that his concern was for the future. He wanted nice schools, streets and fire
departments rather than trees on an industrial site. An industrial site was not a large focal point in
the city. Option 7 was the appropriate option.
The Mayor closed the public hearing.
Council Member Kristoferson asked what percent of light industrial property was in the City.
Hill replied approximately 5% of developed property was light industrial.
Council Member Kristoferson asked if there were any residential developments scheduled to come
on line prior to June 1st.
Hill replied that if the ordinance did not take effect in relation to properties between May 1st and
June 1st, the plot plan for residential property would still have to show compliance. The required
clearing and grading plan would not have to be submitted.
Mayor Miller asked if there were a 7,000 square foot lot with a 3,000 square foot home to be
built on it, would the calculations be done on the basis of the lot or the size of the home.
Hill stated that it would be based on the size of the lot.
Mayor Miller asked if a 5,000 square foot home was proposed on a 7,000 square foot lot, would
the calculations be done on the same basis.
Hill stated that the developer would make sure that there was still 20% land area reserved for
planting.
Mayor Miller stated that the calculation would be made regardless of the size of building on a lot
City of Denton City Council Minutes
April 7, 1998
Page 15
with no relationship with the size of the home on the lot.
Hill replied correct as it was based on gross lot area. The only relationship proposed was the
number of trees required and the amount of planting area that had to be reserved to accommodate
those trees.
Mayor Miller asked if other cities were taking the footprint of a building out of the calculations.
Hill stated that the proposal was not a customary approach. A traditional ordinance had street
yard requirements, bufferyard requirements, etc. Staff wanted to use an approach with ultimate
flexibility. Staff had been indicating to developers that a landscape ordinance was being proposed
and no one indicated that they could not comply with the ordinance even when it was 20-20. In
regards to industrial development there were two areas to consider. There could be a
development that was pure structure such as a parking garage and building. Such a development
could be 80% build-out. If only the building footprint was used, the deduction could be as much
as 80%. An artificial lot line would be available for industrial development..
Council Member Young asked about the difference between Options 7 and 8.
Hill stated that the basic difference was 65% versus 80% exclusion from the gross site area before
calculations were done for the 15-20 rule. Option 7 had 5 4¼ trees per acre for the total site and
Option 8 had 3 trees per acre for the total site.
Council Member Kristoferson stated that several questions had been asked as to why the Council
was moving ahead with this proposal in this manner. She felt it was due to the large development
taking place near and in the city and the clear cut and grading that had been taking place. The
proposed ordinance would preserve natural resource the city had with mature trees and avoid
clear cutting and grading. It would also streamline the implementation of the landscape
ordinance.
Kristoferson motioned, Brock seconded to approve the draft ordinance of 15 per 20% open space
with the revisions as stated on Page 1 which excluded the districts of the Denton Municipal
Airport, the Fry Street Development Area and the Central Business District, all the revisions
discussed in the work session, adding industrial definitions of Section 31-3 and considering
Option 4 which would exclude 40% of the gross site area from the calculation of the tree
requirements. That would result in an identical requirement for the industrial uses comparable to
the current ordinance. She also motioned to add Section 31.9 for irrigation to all uses except for
single family, street tree corrections and an effective date of May 1st.
Hill stated that there was a second staff issue relating to the total tree requirement and asked if
that was included in the motion.
Council Member Kristoferson indicated that that should be in her motion.
Mayor Pro Tem Brock stated that the current ordinance had problems and the proposed
16
City of Denton City Council Minutes
April 7, 1998
Page 16
Mayor Pro Tem Brock stated that the current ordinance had problems and the proposed
ordinance was needed for future development. There was a need to be reasonable and fair to
potential developers. She felt that the motion included those features.
Council Member Young stated that he would be voting against ordinance. He did not see any
problems with the current ordinance. Developers did not have to be required to put landscaping
in developments. This was coming at a bad time and would cripple economic development in
Denton. All other fees to be included with development would drive development away. There
was no need for this ordinance. There was no need to rash into this ordinance at this point in
time. The city would have to raise taxes due to this ordinance as all development would be
slowed or non-existent.
Council Member Beasley stated that she was in favor of the motion. She had attended the
Chamber meeting and felt that the proposal for industrial sites was very close to the current
ordinance. The Council did not rash into this process as it was started in August. There had been
numerous meetings regarding this proposal. Another concern was clearing and grading which
this would help prevent. She too wanted jobs for the community but wanted good development
and a quality community.
Mayor Miller stated that he would support the ordinance as he was in favor of landscaping
ordinances. He was not sure that a May 1st date was a fair date as this was already April. He felt
that the footprint issue was still not correct and that there would be a need to continue to monitor
the situation.
Council Member Cochran felt that all aspects of ordinance were not good. One of those areas
was the residential area. It was a compromise that in the long term would be best for the citizens
of Denton.
Council Member Durrance stated that he was in support of the motion with great reservation. He
was in support of 20-20 and felt that Denton could require more. He did agree with the spirit of
the intent of the ordinance and it should be monitored carefully for results. No one had indicated
that this could not be done. Growth was coming this way and would continue to come this way.
There was a need to work to promote the city in a positive manner. A cooperative spirit from
this ordinance would help the city.
ORDINANCE NO. 98-100 - adopting Denton Landscape Code
On roll vote, Beasley "aye", Kristoferson ~'aye", Cochran "aye", Durrance "aye", Young "nay",
Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
24. The Council held a public hearing and considered adoption of the Denton Plan Draft
Policy Documents.
Dave Hill, Director of Planning and Development, stated this was the second public hearing for
these documents. Revisions had been made since the March 24~ Work Session.
The Mayor opened the public hearing.
City of Denton City Council Minutes
April 7, 1998
Page 17
infrastructures from the document. It was important to have internal growth with businesses
needing to expand and looking at other areas of Denton in which to do so. There was an
infrastructure incentive program currently in use and should be continued.
Mayor Miller stated that the thought was that the incentives would not be eliminated but placed in
another document.
Rayner stated that the plan would be the backbone of everything done in Denton. If that was the
case, why not make economic incentives known in the plan.
City Manager Benavides stated that he had recommended that that section be taken out. Staff felt
that incentives would still be done but that they would take away from the document if left in. It
was felt that removing them would make the document more acceptable to the community.
Mayor Pro Tem Brock stated that the mission statement at the beginning of the document and the
policy in the document dealt with general principles. Other areas of the document did not have
such specifics spelled out. It was felt that those specifics needed to be in another document.
Specific incentives were implementation matters and not general policies for this type of
document.
Rayner felt that they should be included somewhere so that individuals would know that they
were available.
The Mayor closed the public hearing.
Mayor Pro Tem Brock stated that she had considered changes to the wording of that item to read
"development incentives may be considered to encourage industries and businesses to expand or
relocate within the City. Incentives should be considered only when proposed development is
consistent with community plans." Those were general statements that introduced the idea of
incentives.
Brock motioned, Beasley seconded to adopt the plan and to amend point three in the draft
economic diversification policy to be worded "development incentives may be considered to
encourage industries and businesses to expand or relocate within the City. Incentives should be
considered only when proposed development is consistent with community plans."
On roll vote on the amendment to the motion, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried
unanimously.
Cochran motioned, Young seconded to insert Cochran's suggested changes to the mission
statement.
Mayor Pro Tem Brock felt that the suggested changes might alter the meaning of the statement.
Changing the statement to the present tense might take out some items to do in the future.
City of Denton City Council Minutes
April 7, 1998
Page 18
Council Member Beasley expressed concern about making changes at this point in time. She
would like to see the Council move on this at this meeting.
Council Member Cochran stated that there was a need to perfect the document as best as possible
as it was an important document.
On roll vote on the amendment to change the mission statement, Beasley "nay", Kristoferson
"nay", Cochran "aye", Durrance "aye", Young "aye", Brock "nay", and Mayor Miller "nay".
Motion failed with a 3-4 vote.
On roll vote of the main motion as amended, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried
unanimously.
ITEM~ FOR INDIVIDIIAI~ C,{}N~IDERATII}N
Council considered Item # 10 from the Consent Agenda.
Council Member Cochran felt that more information was needed with this item. He felt that the
prices were too high and questioned what services were included in the prices of the computers.
He requested a breakdown of the prices.
Kathy DuBose, Assistant City Manager for Finance, stated that the City's technology plan
indicated that it was important to keep up with current technology. It was important to be
consistent with the PC's and the lease flexibility at the end of the lease term allowed the City to
do that. The same amount of money would spent at the end of the lease period as would have be
spent if purchased at the beginning of the lease period.
Beasley motioned, Cochran seconded to approve Item #10. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
NO. 98-090
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT
BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR
AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE
ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE
DATE. (Lease #2045 to IBM Corporation in the amount of $367,354.42)
Item #27 was considered.
27. The Council considered approval of a resolution allowing LULAC to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 1998,
City of Denton City Council Minutes
April 7, 1998
Page 19
upon the conditions of obtaining booth, obtaining license and permit, providing general liability
insurance, and agreeing to indemnify the City for any liability; authorizing City Manager to
execute agreement for the conditions; and providing for an effective date.
Ed Hodney, Director of Parks and Recreation, stated that this event was a local event and funds
received would be used for a local scholarship program. One proposal from the Committee was
to sell beer as part of the event. This would be similar to the program done by the Arts and Jazz
Festival.
Council Member Kristoferson asked about the times for selling beer.
John Cabrales, Denton Police Department, stated that beer would be sold from noon - 6:00 p.m.
Nothing would be sold past that time but individuals would be allowed to beverages into the Civic
Center building.
Mayor Pro Tern Brock stated that this request was comparable to the Arts and Jazz Fest.
The following resolution was considered:
NO. R98-014
A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT
ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO
CELEBRATION ON MAY 2, 1998, UPON THE CONDITIONS OF OBTAINING
BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL
LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY
LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR
THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the resolution.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
Item #31 was considered.
31. The Council received a report, held a discussion, gave direction to staff, and considered
approval of a schedule of public hearings with regard to the proposed annexation of a 30.32 acre
tract located northeast of Hwy. 77, near its intersection with I-35.
Dave Hill, Director of Planning and Development, stated that the City had received an annexation
petition from Rancho Vista Development. At this meeting the Council would receive the
preliminary assessment. There were no residents located in this area. Staff was asking Council to
approve Attachment #5, the annexation schedule.
Council Member Young asked what was on the site.
City of Denton City Council Minutes
April 7, 1998
Page 20
Hill stated that a truck stop was being proposed for the site.
Don Dillard stated that part of the tract was in the City limits and was zoned commercial. Part of
the tract was out of the City limits and the developer wanted to get all of the property in the City
limits and to have the property zoned.
Beasley motioned, Young seconded to proceed with the annexation process. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye",
and Mayor Miller "aye". Motion carried unanimously.
#25. The Council considered adoption of an ordinance amending the Schedule of Water Rates
contained in Ordinance 97-237 for water service for "WFH Metered Water From Fire Hydrant"
to increase the deposit to $800.00; providing authorization for water utilities to require a contract
for the use of fire hydrant meters requiring a security deposit, minimum charge for failure to
provide meter for monthly reading, and enforcement if fire hydrant meter and backflow prevention
assembly is not returned; providing for a savings clause; and providing for an effective date. (The
Public Utilities Board recommended approval 4-1 .)
Jill Jordan, Director of Water/Wastewater Utilities, stated that the current program loaned water
meters to contractors to use during construction on a site. The contractors paid a deposit of $680
and were supposed to bring the meters in every month to have them read for billing of water
usage. The increased cost was due to the cross connection prevention program recently approved
by Council. There would be an increased deposit amount from $680 to $800. Staff was trying to
have cooperation from the contractors to bring in the meters. The contractors would sign a
contract to bring in the meters. If they failed to do that they could be billed up to 100,000 gallons
of water for that month. That was equivalent to $287.
The following ordinance was considered:
NO. 98-101
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED
IN ORDINANCE 97-237 FOR WATER SERVICE FOR "WFH METERED WATER
FROM FIRE HYDRANT" TO INCREASE THE DEPOSIT TO $800.00; PROVIDING
AUTHORIZATION FOR WATER UTILITIES TO REQUIRE A CONTRACT FOR
THE USE OF FIRE HYDRANT METERS REQUIRING A SECURITY DEPOSIT,
MINIMUM CHARGE FOR FAILURE TO PROVIDE METER FOR MONTHLY
READING, AND ENFORCEMENT IF FIRE HYDRANT METER AND BACKFLOW
PREVENTION ASSEMBLY IS NOT RETURNED; PROVIDING FOR A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
#26. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to execute Addendum Number 2 to Contract between the City of Denton and
the Upper Trinity Regional Water District for water treatment and transmission services;
authorizing the expenditure of funds therefor; and providing for an effective date.
City of Denton City Council Minutes
April 7, 1998
Page 21
Jill Jordan, Director of Water/Wastewater Utilities, stated that this was a short term agreement
with the Upper Trinity Regional Water District to allow them to get water to two subdivisions in
the southwest portion of the City. The City would have a line to this area in the year 2002.
The following ordinance was considered:
NO. 98-102
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE ADDENDUM NUMBER 2 TO CONTRACT BETWEEN
THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER
DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE.
Kristoferson motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
#28. The Council considered approval of a resolution of the City of Denton, Texas adopting
city policies for employee development through developmental tracking for city employees; and
declaring an effective date.
Mary Ann Fulgium, Assistant Director of Human Resources, stated that this policy would provide
employees development and upward mobility opportunities by allowing supervisors to promote
employees from within if they did not quite meet the minimum qualifications for a specific job.
This was a formal training program with a specified time period to obtain the needed
qualifications. If the employee were not able to complete the employment status, he would be
terminated. There was no additional cost for the program.
The following resolution was considered:
NO. R98-015
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CITY POLICIES
FOR EMPLOYEE DEVELOPMENT THROUGH DEVELOPMENTAL TRACKING
FOR CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
#29. The Council received a report, held a discussion and considered recommendations from
the Oversight Committee.
City of Denton City Council Minutes
April 7, 1998
Page 22
Rick Svehla, Deputy City Manager, stated that at its March 25th meeting, the Oversight
Committee recommended two new street projects and three new drainage projects. One drainage
project was at Carroll and Crescent. That project would rebuild channel crossings at Crescent
and Congress due to the completed drainage study. The other two drainage projects would be
done jointly with the DISD. One was located on Linden Street and the other provided additional
money for PEC 4 Robinson Street due to additional consulting work for Corps permitting
requirements. The two street projects were being done jointly with COG and TxDot for the
intersection of I35 and Loop 288 and a joint project for an access road between the Lillian Miller
and Teasley intersection and the frontage road.
Kristoferson motioned, Beasley seconded to approve the recommendations from the Oversight
Committee. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
#30. The Council considered approval of a resolution to declare the intent to reimburse
expenditures from unreserved fund balance of the general fund with general obligation bonds; and
providing an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated that $110,000 would be taken from
unreserved funds for this project and would be reimbursed in 1999 when bonds were issued for
the project.
The following resolution was considered:
NO. R98-016
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH
GENERAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
#32. The Council considered nominations/appointments to the City's Boards and Commissions.
Council Member Young had nominated May Nell Shepard to the Human Services Committee at a
previous meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
Council Member Durrance nominated Steven Posen to the Keep Denton Beautiful Board.
Council Member Beasley nominated James Taylor to the Sign Board of Appeals.
33. Miscellaneous Matters from the City Manager
City of Denton City Council Minutes
April 7, 1998
Page 23
City Manager Benavides did not have any items for the Council.
34. The following items of New Business were suggested by Council Members for future
agendas:
A. Council Member Cochran asked to discuss the travel policy for Council which was
in effect number of years ago.
35. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the
Texas Open Meetings Act.
36. There was no official Action on Closed Meeting items held under Section 551-071-
551.085 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 12:50 a.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS