Minutes August 18, 1998
CITY OF DENTON CITY COUNCIL MINUTES
August 18, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, August 18, 1998 at 5:45 p.m. in the Council Work
Session Room at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson, and Young.
ABSENT:
None
1.
Closed Meeting:
A.
Consultation with Attorney-Under TEX GOV'T. CODE Sec. 551.071
1. The Council considered strategy and discussed status, and considered an
ordinance authorizing the City Manager to execute a compromise settlement agreement between the
City of Denton and Azteca Systems, Inc., and ratifying and approving a mediated settlement between
the City of Denton and Hansen Information Technologies, Inc., all in final settlement of litigation
styled Hansen Information Technologies, Inc. v. Azteca Systems, Inc., et aI, Case No. 4:97cv308
filed in the United States District Court, Eastern District of Texas, alleging copyright infringement,
tortious interference, and other intellectual property matters.
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.
The Council convened into a Regular Meeting of the City of Denton City Council on Tuesday,
August 18, 1998 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson, and Young.
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.
PRESENTATIONS/AWARDS
2.
Proclamations
There were no proclamations presented.
2.
Awards
A.
Information Services Advisory Board
City of Denton City Council Minutes
August 18, 1998
Page 2
Mayor Miller and Kathy DuBose, Assistant City Manager for Finance, presented the awards to the
members of the Information Services Advisory Board for their service.
CITIZEN REPORTS
4.
The Council received a report from Ali Al-Khafaji regarding tyranny in Denton.
Mr. Al-Khafaji was not present.
5. The Council received a report from Dessie Goodson regarding the resignation of Mayor Jack
Miller.
Ms. Goodson stated that she had asked the Mayor to resign in early August as she felt he was not a
proper Mayor. She indicated that she would appeal her case that was charged against her. She did
not like what the Mayor was saying in regards to the case.
CONSENT AGENDA
Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
6.
NO. 98-237
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR A WORKERS' COMPENSATION THIRD PARTY
ADMINISTRATOR; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2234 - Workers'
Compensation Administrator awarded to Alexsis, Inc. in the amount of$28,208.00
per year.)
7.
NO. 98-238
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 9,000 LB. CAPACITY FORKLIFT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (Bid #2245 - 9000 lb. Capacity Forklift
awarded to Sunbelt Industrial Trucks in the amount of$26,500.)
8.
NO. 98-239
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF A PUBLIC WORKS CONTRACT FOR PECAN CREEK &
TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS IN THE AMOUNT OF
$2,193,881.40; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2220 - Pecan
Creek & Tributary PEC-4 Channel Improvements awarded to Oscar Renda
City of Denton City Council Minutes
August 18, 1998
Page 3
Contracting, Inc. in the amount of$2,193,881.40.)
9.
NO. 98-240
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR DENIA P ARK SOFTBALL FIELDS AND PARK
RENOVATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2244 - Denia
Park Softball Fields and Park Renovations awarded to Jones and Jeffery Construction
Co. in the total award of$592,715.00.)
10.
NO. 98-241
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DUNKIN, SIMS, STOFFELS,
INC. FOR SERVICES RELATING TO THE PLANNING, DESIGN AND
ENGINEERING SERVICES FOR EVERS PARK BASEBALL FIELDS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (Purchase Order #86621 - Dunkin, Sims,
Stoffels, Inc. in the amount of$49,500.00.)
11.
NO. 98-242
AN ORDINANCE REPEALING ORDINANCE NUMBER 98-180 APPROVED BY
COUNCIL JULY 14, 1998 AND PROVIDING FOR THE EXPENDITURE OF
FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE
THE ELECTRIC DISTRIBUTION METERING CAP ABILITIES WHICH ARE
AVAILABLE FROM ONL Y ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE. (P.O. #86080 - Cummins Utility Supply in the amount of
$35,840.00)
PUBLIC HEARING
12. The Council held a public hearing regarding a Standard Hours Area Initiative Petition that
would establish a standard hours area, reducing the hours for sale of mixed drinks, beer and wine,
pursuant to Sections 105.03, 105.04, 105.05 and 105.06 of the Texas Alcoholic Beverage Code and
Sections 4.01-4.10 of the City of Denton Code of Ordinances.
City Attorney Prouty stated that a group of citizens had filed a petition to amend and rescind the late
hours ordinance that was passed 1 1/2 years ago. The petition had been certified by the City
Secretary. Once certified, there was a 60 day period that the Council had to enact the ordinance or
call an election. Prior to that action, a public hearing was required to read the ordinance in its entirety
and to receive public comments.
Council Member Young asked for an update on the Attorney General's ruling on the material from
Troy LaGrone.
City of Denton City Council Minutes
August 18, 1998
Page 4
City Attorney Prouty stated that representatives from Ben E. Keith had submitted a brief and
additional materials that indicated a number oflegal reasons the City could not amend or repeal the
late hours ordinance. The Legal staff had researched that information and also checked with the
Attorney General's office and the General Counsel for the Texas Municipal League for their opinions.
Although not an official opinion, the Attorney General's office felt that the arguments were not
convincing and that Council still had to go forward with the process. He would be submitting a
formal request to the Attorney General for a written opinion on the issues from the brief.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Dessie Goodson, 904 Greg Street, Denton, 76201 - support
John Gossett, 5300 Tartan Circle, Denton, 76208 - opposition
Anita Bruno, 1004 Stuart, Denton, 76201 - opposition
Rick Reid, 125 Avenue A, Denton, 76201 - opposition
Merle McBee, 209 Joshua, Denton, 76201 - support
Hank Dickinson, UNT Athletics, Denton, 76201 - opposition
Mark DeLoach, 715 Emery, Denton, 76201 - opposition
Andrew Gregory, 921 Edgewood, Denton, 76201 - opposition
Lloyd Banks, 1420 Copper Ridge, Denton, 76201 - support
Steve Boedecker, 1515 Oakwood Drive, Denton, 76205 - opposition
Sherard Quina, 2311 Stella, Denton, 76205 - opposition
Troy LaGrone, 529 Magnolia, Denton, 76201 - opposition
Joyce Snay, 2007 Westwood, Denton, 76205 - support
Irma Jones, 2529 Craig Lane, Denton, 76201 - support
The following individuals presented cards regarding the issue but did not wish to speak:
Michael Zampino, 2416 Lillian Miller Parkway, Denton, 76205 - opposition
Tommy Marshall, 1420 Stratford Lane, Denton, 76201 - opposition
Missy Nickenson, 2201 Parkside, Denton, 76201 - opposition
Barry Bradford, 806 Manhattan, Denton, 76201 - opposition
Ellen Paulsen, 3613 Fritz Lane, Denton, 76208 - opposition
Tara Boedeker, 1515 Oakwood, Denton, 76205 - opposition
James Klausing, 3941 Grant Parkway, Denton, 76205 - opposition
Kimion Turner, 305 Thomas #5, Denton, 76201 - opposition
Richard Fisher, 3906 Lariat, Denton, 76207 - opposition
James Fee, Chestnut Place Apartments, #102, Denton, 76201 - opposition
Roy Wimmer, 3613 Fritz Lane, Denton, 76208 - opposition
Ed Frantz, P.O. Box 2185, Denton, 76202 - opposition
Kerry Kidd, 512 Strata, Denton, 76201 - opposition
Debbie Marino, 1813 Linden, Denton, 76201 - opposition
Michale Naug, 4206 Springmeadow, Flower Mound, 75028 - opposition
Edwin Pyle, 1805 Westwood Drive, Denton, 76205 - opposition
Casey Jones, 118 Renard, Denton, 76201 - opposition
City of Denton City Council Minutes
August 18, 1998
Page 5
Jeff Brightwell, 825 W. Sycamore, #207, Denton, 76201 - opposition
Clint Lawrie, 716, W. Mulberry, #10, Denton, 76201 - opposition
Ben Frazier, 1121 W. Hickory, Denton, 76201 - opposition
John Delaney, 404 Fulton B, Denton, 76201 - opposition
Bobby Sansburg, 2401 E I-35S, #1334, Denton, 76205 - opposition
Doug Marshall, 1420 Stratford, Denton, 76201 - opposition
Andrew Banatoski, 811 Crescent, Denton, 76201 - opposition
John Richardson, 1710 Sam Bass Rd., Denton, 76205 - opposition
Bridget Booth, 1710 Sam Bass Rd., Denton, 76205 - opposition
Jason Louden, 516 S. Carroll #130, Denton, 76201 - opposition
Cori Shearer, 426 Audra Lane, Apt. F, Denton, 76201 - opposition
Matt Slaton, 1103 Bernard, Denton, 76205 - opposition
Andy Bostick, 616 Uland, Denton, 76201 - opposition
Jimmy Meredith, 1721 Cordell, Denton, 76201 - opposition
Jason Benson, 1947 Colorado Blvd., Apt. E, Denton, 76205 - opposition
Gary Francis, 3805 Montecito, Denton, 76205 - opposition
The Mayor closed the public hearing.
13. The Council held a public hearing inviting citizens to comment on the proposed usage of 1997
Local Law Enforcement Block Grant funding.
Gary Matheson, Acting Police Chief, stated that this item dealt with the final step in the process to
obtain grant funding for 8 mobile digital computers for the patrol units. Prior to the obligation of any
funds, an advisory board reviewed the application and made a non-binding application for the funds.
He had learned today that possibly only 7 units would be funded due to price increases. The Advisory
Board met on July 29th and recommended the purchase of the units. The funds were allocated in the
upcoming budget and approved for that purpose.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
14. The Council held a public hearing and considered rezoning 2.112 acres from Planned
Development 37 (PD-37) zoning district and Single Family 7 (SF- 7) zoning district to a new Planned
Development (PD) zoning district. The property was located on the south side of Eagle Drive, the
west side of Ken dol ph Drive, the north side of Wilshire Street, and the north side of the soon-to-be
realigned Avenue D between Wilshire Street and Eagle Drive. The proposal was to develop a one
hundred twenty-nine (129) unit, three (3) story dormitory for students attending the University of
North Texas. (The Planning & Zoning Commission recommended approval 6-0.) (Z-98-033,
Mozart's Square)
Dave Hill, Director of Planning and Development, stated that the action requested was to rezone
2.112 acres from PD 37 and SF7 to a new PD zoning district. The site was located on the south side
of Eagle Drive and Avenue D. It was proposed to develop a 129 unit three-story private dormitory
for students at UNT. The Planning and Zoning Commission unanimously recommended approval of
the request. No neighborhood meeting was held regarding the proposal. Deviations from the zoning
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August 18, 1998
Page 6
requirements were approved by the Planning and Zoning Commission as permitted by law. The front
yard building line setback normally was required to be 25'; the proposal was approved with 10'. A
side setback of 10' along the internal southern property line instead of the required 18' setback was
approved. The landscape plan was in compliance with the landscape ordinance. Preservation credits
were used for existing trees but in total there would be 20 trees per acre. The property was not
platted and would have to be done before any development. Parking would be 86 on-site spaces. In
addition, extra parking would be provided by Lot #21 in the UNT parking lot. These spaces would be
reserved by an agreement with UNT for this building. Visitor parking was a concern expressed at the
Planning and Zoning Commission meeting. None were required by law and the applicant would
provide five visitor parking spaces in addition to the original site plan. The only unanswered question
was what would happen if the demand exceeded the supply. There was also parking along adjacent
streets.
Council Member Kristoferson questioned if there would be enough UNT parking in the Clark lot to
accommodate overflow parking if the City ever decided not to allow curbside parking in the area.
Hill stated that parking would be available to the residents as long as the development existed and
residents would need a sticker to park in that lot. There would be no visitor parking in the lot unless
the individual had a student parking sticker to park there.
Council Member Burroughs questioned if there were specific provisions regarding dormitories as
opposed to student apartments.
Hill stated that the proposal was viewed as one-bedroom apartments. Because the proposal was for a
planned development, there was not concern about the particular use classification.
Council Member Young stated that this proposal broke every rule available such as the tree
ordinance, parking, setbacks, and the landscape rule. He asked how many trees would be removed.
Hill stated that no monarch trees would be removed. Eleven trees would be removed and 17 trees
would be saved on the property. In the right-of-way, two trees would be removed, 12 would be
saved and 22 trees would be added. The proposal was well in compliance with the landscape
ordinance.
Council Member Young asked how the remote parking was allowed.
Hill stated that the law allowed for remote parking as long as it was within 500 feet of the site.
The Mayor opened the public hearing.
Dallas Taylor stated that he represented the developer of the property. This proposal would be a
private dorm managed and operated by the University. They would manage and place the students in
the dorm. The intent would be to house music students and that the bulk of the student traffic would
be to the new music building. The proposal exceeded the landscaping requirements. One monarch
tree, that was the only monarch tree on the site, would be preserved in the courtyard. There would be
a large area open space that would be highly landscaped. Parking exceeded the requirements by five
spaces. All residents would be attending UNT and could use the parking across the street. They had
had another project in cooperation with UNT and this proposal had the same arrangement with the
City of Denton City Council Minutes
August 18, 1998
Page 7
University for providing parking. That arrangement was working quite nicely. The setbacks were a
part of a planned development and there would be no traffic problems with the greater open space
and landscape requirements. This was a cooperative development with the University.
Council Member Burroughs asked about the number of students to be housed in the dorm.
Taylor stated that there would be a mixture of one and two students per room. There was a tendency
to have only one student per room.
Council Member Burroughs felt that a competitive edge had been given to this development. He was
concerned with the parking and number of students per room.
Taylor stated that the project did not compete with apartments as this was a dorm setting. The
University set the amount of rent for the dorm that did not compete with its own dorms. The
University dorms would be filled first and then the overflow would go to these types of dorms.
Mayor Pro Tem Beasley stated that instead of the University owning the building, it would contract
with a private developer that would own the building but be managed and operated by UNT.
Council Member Young felt that this was a case where a governmental entity was competing with
private enterprise. He felt that would be unfair to others with apartments in the area.
Taylor stated that the proposal would not be competing with apartments in the area.
Don White stated that fairness should be real to everyone in the community. Santa Fe Square was
built as a deal with the University. UNT did the maintenance, collected the rent and the developer did
not have the courtesy to appear before the Council. Landscaping would be partly done by taxpayer
dollars. Apartments and dorms did compete with each other. Parking on Santa Fe Square was one
thing. Sycamore traffic was a small sample of traffic as opposed to Eagle Drive. He did not want this
to be the first impression individuals saw when entering Denton. This proposal violated safety, the
landscape ordinance and the tree ordinance.
Mildred Hawk stated that parking was a problem in the North Texas area. Parking around her home
was bad with more apartments being built in the area. She had looked at the trees on the proposed
development and none of the trees should be cut.
The applicant was allowed a five-minute rebuttal. Taylor stated that a government grant was not in
conjunction with the development. The developer had agreed to landscape the property even though
the University owned the property. They would even landscape the median in the area. The parking
discussion was not the number of spaces but rather visitor spots. They originally had the required
number of spaces and then developed five more spaces that were not required that could be used by
anyone. This would be a quality project. The University needed the project and this would be an
asset to the community.
The Mayor closed the public hearing.
Hill stated that the developer knew that he needed to work around large trees and had worked with
City of Denton City Council Minutes
August 18, 1998
Page 8
staff to develop the landscape plan. He did not have to provide information on monarch trees.
Section 35.301-C-2A of the zoning code indicated that for a multi-family dwelling, the off street
parking requirement was one space for each bedroom unit in dormitories, etc. A variance to the
parking requirement had not been requested for this development. There also was no reference to
crosswalks in the record at this point in time.
The following ordinance was considered:
NO. 98-243
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RESCINDING
ORDINANCE 82-20 CREATING PLANNED DEVELOPMENT 37 (PD37)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND
PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; TO ESTABLISH
PLANNED DEVELOPMENT 167 (PDI67) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, CONTAINING 2.112 ACRES
LOCATED ON THE SOUTH SIDE OF EAGLE DRIVE, THE WEST SIDE OF
KENDOLPH DRIVE, THE NORTH SIDE OF WILSHIRE STREET AND THE
NORTH SIDE OF THE SOON TO BE REALIGNED AVENUE D; PROVIDING
FOR THE APPROVAL OF A DET AILED PLAN AND LANDSCAPE PLAN FOR
SAID DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
Beasley motioned to approve the proposal as she felt it did not compete with private business. These
were students who wanted to live in a dorm and not in an apartment. Kristoferson seconded the
motion.
Council Member Burroughs stated that residents in the development would be restricted to students
and was being built to accommodate music students. The development was working with safety and
landscaping ordinance requirements and had done an excellent job. There were negatives associated
with a similar project completed by either the staff or the owner on this type of parking arrangement.
Council Member Cochran felt that there were many positives with the proposal that outweighed the
negatives. He was concerned about the pedestrian crossing of Eagle Drive. He suggested a friendly
amendment that in the platting process, the developer be required to place a crosswalk at that site.
Beasley and Kristoferson accepted that friendly amendment.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote.
15. The Council held a public hearing and considered rezoning 1213 Johnson Street from a
Commercial (C) zoning district to a Two Family (2-F) zoning district. The 0.54-acre property was
located on the northeast corner of the Johnson Street and Smith Street intersection. The proposal
was to renovate the existing frame house and add duplexes. (The Planning & Zoning Commission
City of Denton City Council Minutes
August 18, 1998
Page 9
recommended approval 6-0.) (Z-98-034)
Dave Hill, Director of Planning and Development, stated that this was a request for a change in
zoning from commercial to a two-family zoning district. An existing frame house would be removed
and duplexes would be constructed on three lots that would be created. The Planning and Zoning
Commission recommended approval. The property was not platted and would not need to be platted
if the duplexes respected the setbacks for each parcel. Because the proposal was considered to not be
a multi-family use and by meeting setback requirements, it would not have to be platted and would
not be required to construct sidewalks. There would be two parking spaces per unit. The site would
have access from both Smith Street and Johnson Street to serve the three structures. No
neighborhood meeting had been held.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-244
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION
TO TWO F AMIL Y (2-F) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.54 ACRES OF LAND LOCATED ON THE NORTHEAST
CORNER OF THE JOHNSON STREET AND SMITH STREET INTERSECTION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
16. The Council held a public hearing and considered an amendment to the detailed plan on a
portion of 12.2077 acres located on the northeast corner ofInterstate 35 and San Jacinto Boulevard
and is zoned Planned Development 6 (PD-6). (The Planning & Zoning Commission recommended
approval 7-0.) (Z-98-024, San Jacinto Plaza)
Dave Hill, Director of Planning and Development, stated that this proposal dealt with part ofPD-6
with two lots being involved. The bank structure on the corner was not part of the planned
development. Lot 6A was 2.602 acres and Lot 2A, that was located at other end of property, was
3.568 acres. Between the two lots this was a 5.63 acre amendment to the planned development. The
request was to amend the planned development to alter the sizes of two proposed buildings. Lot 2A
was approved for a 19,620 square foot building and Lot 6A was approved for a 16,000 square foot
building. The applicant was requesting to transfer 8,000 square feet of building space ITom 2A to 6A.
There would be no net increase in building square footage approved for the planned development,
just a shift of building sizes. A major issue was the extent to which an applicant was able to meet
existing zoning ordinances. This plaza was about 75% completed. All of the existing plaza was
City of Denton City Council Minutes
August 18, 1998
Page 10
completed prior to the new landscape regulations. The landscape regulations were the sticking point
of the approval. With Lot 6A, the applicant was able to meet the landscape requirements of 15 trees
per acre but was able to find only 14% open space. A retaining wall was required and the applicant
offered to plant trees on the upper level if desired by property owners.
Mayor Pro Tem Beasley stated that all of the parking was built and that only the pad sites were not
built. More trees would be placed in the parking lot to meet that portion of the landscape ordinance.
Hill replied correct.
The Mayor opened the public hearing.
Chris Caso stated that he represented the applicant for the proposal. They would be flipping the
square footage from one lot to another and would not be increasing the total square footage for the
total lot. The proposal met the tree requirement and shrubs would also be planted around the
perimeter. By installing the trees and additional shrubs, it was felt that this proposal would enhance
the attractiveness of the site.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-245
AN ORDINANCE OF THE CITY OF DENTON TEXAS, AMENDING
ORDINANCE NO. 92-109 TO PROVIDE FOR A CHANGE IN THE DETAILED
PLAN FOR A PORTION OF A 12.2077 ACRE TRACT OF LAND BEING IN THE
PLANNED DEVELOPMENT (PD) NO.6 ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, ALSO KNOWN AS SAN
JACINTO PLAZA AND BEING DESCRIBED AS LOTS 2A AND 6A, BLOCK A,
TOWNSHIP II, PHASE II, CITY OF DENTON, DENTON COUNTY;
PROVIDING FOR A PENAL TY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance with the correction ofthe acreage. On
roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
VARIANCES
17. The Council considered approval of exaction variances from Section 34-114(3), street design
standards, and Section 34-114(17), sidewalks, of the Subdivision and Land Development Regulations
for the United Copper Manufacturing Facility Addition located in the City of Denton. (The Planning
and Zoning Commission recommended approval 6-0.)
Dave Hill, Director of Planning and Development, stated that this was a request for two variances.
City of Denton City Council Minutes
August 18, 1998
Page 11
The first exaction variance dealt with street design standards. Perimeter improvements along Fishtrap
Road were part of the required overall construction standards. A rural street section was proposed
that would not have curb and gutter. The existing street section would be improved to 24' wide. The
cost of denial of the variance would be $20,000. The question was whether the impact from the
development was sufficient to require the curb and gutter. If approved, an exaction variance for the
sidewalks for that section was also requested. There were many large trees along the perimeter ofthe
roadway that would have to be removed if the street had to have curb and gutter with sidewalks. The
Engineering Department recommended approval to the Planning and Zoning Commission at its last
meeting.
Young motioned; Beasley seconded to approve the exaction variance for the street design standards.
Council Member Cochran stated that he would be voting against the motion due to the high amount
of truck traffic going onto the site. He felt the cost of the improvements was an insignificant amount
compared to amount of the project.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
Young motioned, Beasley seconded to approve the sidewalk variance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
18.
The Council considered adoption of an ordinance amending Ordinance Nos. 94-183 and 96-
085, as amended, and Section 2-29( d) of the Code of Ordinances of the City of Denton,
Texas, the Rules of Procedure of the City Council of the City of Denton, Texas, by providing
the opportunity for citizens to speak both on regular agenda and consent agenda items; and
providing for an effective date.
The following ordinance was considered:
NO. 98-246
AN ORDINANCE AMENDING ORDINANCE NOS. 94-183 AND 96-085, AS
AMENDED, AND SECTION 2-29(D) OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, THE RULES OF PROCEDURE OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THE
OPPORTUNITY FOR CITIZENS TO SPEAK BOTH ON REGULAR AGENDA
AND CONSENT AGENDA ITEMS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
19.
The Council considered adoption of an ordinance amending Chapter 3 5 of the Code of
City of Denton City Council Minutes
August 18, 1998
Page 12
Ordinances of the City of Denton, Texas, to clarify the home occupation provisions of the Code of
Ordinances; providing for a severability clause; providing for a savings clause; providing a penalty
clause; and providing for an effective date.
This item was pulled from consideration.
20. The Council considered adoption of an ordinance in accordance with Section 8-31 of the
Code of Ordinances of the City of Denton, approving an application form for an applicant for a cable
television franchise; setting a nonrefundable application fee for the costs of review, issuance, and
enforcement of the application of a franchise for Nortex Telcom L.L.C.; and providing an effective
date.
Richard Foster, Public Information Officer, stated that since the Council's meeting last week, minor
changes had been made to the ordinance and the application form. The major amendment was to
recover all costs associated with the consultant that was estimated at $5,000.
City Attorney Prouty stated that the major concern was that Nortex wanted to serve a limited service
area that consisted of the Sundown Ranch area and the Wind River Estates and gradually expand as
the area developed. Marcus Cable felt that the City should not award the franchise unless Nortex
served the same service area as Marcus, that was the entire city. There might be a possibility to
award a limited franchise agreement.
Mayor Miller asked if the Council had to consider this ordinance at this meeting.
Foster replied no that Nortex was waiting to see ifthere would be a way to apply for a limited service
franchise. The service territory might be a major problem.
Durrance motioned, Cochran seconded to postpone consideration until information was received to
further clarify the issues. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
21. The Council considered adoption of an ordinance authorizing the Mayor to execute a third
amendment to the existing agreement between the City of Denton and Texas Utilities Electric
Company extending the term therefor for an additional six month period; finding and determining that
the two meetings at which this ordinance was passed was open to the public as required by law;
providing for an effective date; and providing for acceptance of the agreement by Texas Utilities
Electric Company and publication of notice of the passage of this ordinance.
Sharon Mays, Director of Electric Utilities, stated that this was the first reading of an ordinance that
would grant a six-month extension of the existing street rental agreement with Texas Utilities. The
extension would allow staff to complete negotiations of a new and more comprehensive franchise
agreement.
The following ordinance was considered:
(FIRST READING)
City of Denton City Council Minutes
August 18, 1998
Page 13
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD
AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF
DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE
TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING
AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
ACCEPT ANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC
COMP ANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS
ORDINANCE.
Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
Mays stated that the Council now needed to motion and vote to pass the ordinance on to a second
reading.
Burroughs motioned, Durrance seconded to pass the ordinance on to a second reading to be held
September 1, 1998. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
22. The Council considered adoption of an ordinance authorizing the Mayor to execute a tax
abatement agreement with United Copper Industries, Inc., setting forth all the required terms of the
tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting
forth the various conditions precedent to United Copper receiving the tax abatement; authorizing the
Mayor to execute an agreement with United Copper Industries to provide electric service for a
minimum period of five years; providing for a severability clause; and providing an effective date.
Linda Ratliff, Economic Development Director, stated that Council had reviewed the contract last
week in the work session. Several changes, mostly typographical errors, had been made to the
contract.
The following individuals spoke regarding the proposal:
Dale Branum, 2601 Ft. Worth Drive, Denton, 76205 - opposition
Eva H. Cadwalder, 3920 Fawn Drive, Denton, 76201 - opposition
Dan Fette, 2708 Glenwood, Denton, 76201 - opposition
Claudette Fette, 2708 Glenwood, Denton, 76201 - opposition
Bridget Marshall, 2910 Hartlee Field Road, Denton, 76201 - opposition
Robert McFarland, 2200 Ross Avenue, Dallas, 78201 - favor
Raymond Redmon, 710 E. Prairie, Denton, 76205 - neutral on issue
Mayor Miller had speaker cards from the following individuals who did not wish to speak:
Jerry Daniel, Route 2, Box 1063, Sanger - opposition
City of Denton City Council Minutes
August 18, 1998
Page 14
E. Parks Olman, 4401 East University, Denton, 76208 - opposition
Delores Olman, 4401 East University, Denton, 76208 - opposition
Carol Soph, 1620 Victoria, Denton, 76201 - opposition
Elise Ridenour, 2205 W. Oak, Denton, 76201 - opposition
Marjory Nelson, 3101 Old North Road, Denton, 76201 - opposition
Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 - opposition
Steven Friedson, 2205 W. Oak, Denton, 76201 - opposition
Elda Ginn, 3406 Bob-O-Link, Denton 76201- opposition
Heidi Klein, 1420 Broadway, Denton 76201 - opposition
Coy Hoggard, 2205 Foxcroft, Denton, 76201 - opposition
Varina Lavelle, 3314 Cooper Branch East, Denton, 76201 - opposition
The following ordinance was considered:
NO. 98-247
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX
ABATEMENT AGREEMENT WITH UNITED COPPER INDUSTRIES, INC.,
SETTING FORTH ALL THE REQUIRED TERMS OF THE TAX ABATEMENT
AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF
THE TEXAS TAX CODE; SETTING FORTH THE VARIOUS CONDITIONS
PRECEDENT TO UNITED COPPER RECEIVING THE TAX ABATEMENT;
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
UNITED COPPER INDUSTRIES TO PROVIDE ELECTRIC SERVICE FOR A
MINIMUM PERIOD OF FIVE YEARS; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance.
Council Member Cochran stated that he would be voting against the tax abatement. He believed this
was a bad deal for the community as there was no economic justification for giving a tax abatement
for a company to move here. It was a poor policy to grant tax abatements to companies and it
devalued the average taxpayer. Tax abatements were a source of irritation to citizens and should not
be granted. He was not against the company being in the community but it should pay its fair share.
Council Member Kristoferson felt that United Copper would be a good neighbor and a good asset to
the community.
Mayor Pro Tem Beasley stated that the TNRCC monitored these areas and had confidence they
would monitor UCI. Any omissions would be well controlled and if not, the TNRCC would make
sure they were. The City was not paying anything to the company to move here, it was just not
asking the company to pay certain taxes for a period of five years.
Council Member Burroughs stated that many people were philosophically opposed to tax abatements.
Tax abatement was a tool that was used very rarely. Any growth in Denton would have a negative
impact due to pollution.
City of Denton City Council Minutes
August 18, 1998
Page 15
On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
23. The Council considered approval of a resolution allowing the Denton Black Chamber of
Commerce to be the sole participant allowed to sell alcoholic beverages at a Blues Festival in Civic
Center Park on August 22, 1998, upon the conditions of obtaining booth, obtaining license and
permit, providing general liability insurance, and agreeing to indemnify the City for any liability, and
providing for an effective date.
Ed Hodney, Director of Parks and Recreation, stated that the Denton Black Chamber of Commerce
was requesting to hold a Blues Festival in the Civic Center Park. Part of the plan was a request to sell
alcohol in the park similar to what was done at the Jazz Festival. The City would be co-sponsoring
the event and the Parks Board agreed with the request.
Robert Hicks stated that the Blues Festival this weekend would be great for the community. They
were requesting a temporary license to sell beverages in the park and would accept all liability of the
selling of these beverages.
The following resolution was considered:
NO. R98-039
A RESOLUTION ALLOWING THE DENTON BLACK CHAMBER OF
COMMERCE TO BE THE SOLE P ARTICIP ANT ALLOWED TO SELL
ALCOHOLIC BEVERAGES AT A BLUES FESTIVAL IN CIVIC CENTERP ARK
ON AUGUST 22,1998, UPON THE CONDITIONS OF OBTAINING BOOTH,
OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY
INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY
LIABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
24. The Council considered approval of a resolution appointing a member to the Board of
Directors of the Upper Trinity Regional Water District.
Howard Martin, Assistant City Manager for Utilities, stated that the Public Utilities Board was
recommending that Bob Coplen be appointed to this position.
The following resolution was considered:
NO. R98-040
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS
OF THE UPPER TRINITY REGIONAL WATER DISTRICT.
City of Denton City Council Minutes
August 18, 1998
Page 16
Kristoferson motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
25. The Council considered a motion to confirm the City Manager's appointment of Gary
Matheson as Police Chief effective September 9, 1998.
Mike Jez, City Manager Designate, stated that the provisions of the Local Government Code required
that the City Manager appoint the police chief. Ted Benavides was still the city manager and he had
appointed Gary Matheson.
Burroughs motioned, Cochran seconded to approve the appointment of Gary Matheson as Chief of
Police. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson
"aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
26. The Council received a report, held a discussion, and gave staff direction regarding the 1998-
99 proposed budget.
Kathy DuBose, Assistant City Manager for Finance, stated that Council had received information in
response to questions raised during the last budget discussion.
27.
The Council considered nominations and appointments to the City's Boards and Commissions.
No nominations/appointments were made.
28.
Miscellaneous matters from the City Manager.
There were no items of miscellaneous matters from the City Manager.
29.
New Business
The following items of New Business were suggested by Council Members for future agendas:
A.
Council Member Durrance requested a resolution in support of the Texas Municipal
League's position in regard to annexation and proposed annexation policies.
B.
Council Member Durrance requested a briefing of the noise ordinance in respect to
the use of automobile sound stereo and sound systems.
C.
Council Member Durrance requested a briefing regarding the negotiation and
extension of runway expansion of the Denton Airport.
30. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
31.
The following official Action was taken on Closed Meeting items held under Section 551-
City of Denton City Council Minutes
August 18, 1998
Page 17
071-551.085 of the Texas Open Meetings Act.
Durrance motioned, Burroughs seconded to adopt the following ordinance. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
NO. 98-248
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND AZTECA SYSTEMS, INC., AND RATIFYING AND
APPROVING A MEDIATED SETTLEMENT BETWEEN THE CITY OF
DENTON AND HANSEN INFORMATION TECHNOLOGIES, INC., ALL IN
FINAL SETTLEMENT OF LITIGATION STYLED HANSEN INFORMATION
TECHNOLOGIES, INC V AZTECA SYSTEMS, INC, ET AL, CASE NO.
4:97CV308 FILED IN THE UNITED STATES DISTRICT COURT, EASTERN
DISTRICT OF TEXAS; THE TERMS OF SAID SETTLEMENT SPECIFYING
THAT AZTECA SYSTEMS, INC. WILL PROVIDE FUTURE SOFTWARE AND
SERVICES IN THE AMOUNT OF $100,000 ON BEHALF OF THE CITY AND
EXECUTE A NOTE IN THE AMOUNT OF $50,000, DUE IN THREE YEARS,
PAYABLE WITH INTEREST TO THE CITY OF DENTON; AUTHORIZING
THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN ACCEPTING
THE SETTLEMENT AND EXECUTING A RELEASE OF CLAIMS; AND
DECLARING AN EFFECTIVE DATE.
With no further business, the meeting was adjourned at 12:05 a.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS