Minutes November 17, 1998CITY OF DENTON CITY COUNCIL MINUTES
November 17, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, November 17, 1998 at 5:15 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. The Council considered the following in Closed Meeting:
Conference with Employees -Under TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing,
but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, November 17, 1998 at 6:00 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.
2. The Council received a presentation from Kirk Hemphill regarding Census 2000.
Mr. Hemphill stated that the Census wanted to partner with the City for the upcoming census
taking in April 2000. It was felt that advanced notice would help the Bureau receive the correct
information regarding the Census. That would help the City receive all of the information it
could. The Bureau was hiring workers in local communities to help with the taking of the census.
PRESENTATIONS/AWARDS
3. Proclamations
Mayor Miller presented a proclamation for Denton Family Week.
CITIZEN REPORTg
4. The Council received a report from Ross Chadwick and family to say thanks.
Mr. Chadwick and family thanked the citizens, staff and fellow employees for their support during
their time of need after the fire in their home.
5. The Council received a report from Margaret Tillman regarding rezoning an area that was
City of Denton City Council Minutes
November 17, 1998
Page 2
in a 100-year flood plain.
Ms. Tillman was not present at the meeting.
6. The Council received a report from Becky Parton regarding the City's policy on animal
releases as it related to animal welfare organizations.
Ms. Parton stated that she would like to see the ordinance changed to benefit animal adoption.
One factor in the destroying of animals was the method of adopting the animals. Currently an
organization had to adopt an animal as an individual, pay the fee, etc. and do the paperwork to
adopt the animals. Prepaid vet bills were also a problem. Her proposal was to allow animal
welfare groups to have the ability to transfer an animal out of the shelter without having to pay
the fees associated with the adoption of the animals. Denton residents would be first in the
adoption of animals and the organizations would only be dealing with the animals scheduled to be
destroyed.
7. The Council received a report from Amber Pearson regarding the need for more bike lanes
in Denton.
Ms. Pearson stated that more bike lanes were needed in the City of Denton. Those lanes would
provide easy access to downtown and would provide safe transportation to children and others
using such lanes. She did not have all the answers on how to do this but was willing to work with
staff to develop where to place the lanes and to keep up maintenance of the lanes.
Council Member Durrance indicated that he would suggest a future work session item to consider
bike lanes on Highway 380 and other major arterials in the City.
N(}I~E EX~CEPTI(}N~
8. The Council considered a request for an exception to the noise ordinance for a wedding
reception to be held at Fair Hall on the North Texas Fairgrounds on Thursday, November 19,
1998.
Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
~(}N~ENT AGENDA
Durrance motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
City of Denton City Council Minutes
November 17, 1998
Page 3
NO. 98-375
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #3
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 $1,130,274.26
+ Change Order #3 in the amount of $14,276.00)
10.
NO. 98-376
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #1
TO THE CONTRACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF
COMPUTER, SOFTWARE AND SUPPORTING iNFORMATION OF THE
CUSTOMER iNFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON
AND HARRIS COMPUTER CORPORATION; PROVIDING FOR A CHANGE IN
THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP
#2102 CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION -
CHANGE ORDER #1 IN THE AMOUNT OF $127,194.00)
11
NO. 98-377
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CITY OF DENTON FOR
PLANNED LOSSES ASSOCIATED WITH ELECTRICITY TRANSMISSION TO
THOSE UTILITIES PROVIDING ENERGY TRANSMISSION AS SERVICES TO
THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (CHECK
REQUEST TO TU ELECTRIC DATED 10-29-98 IN THE AMOUNT OF $77,428.19)
12.
NO. 98-378
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT
FOR CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2281 -ANNUAL
CONTRACT FOR CONCRETE WORK AWARDED TO CALVERT PAVING
CORPORATION IN THE ESTIMATED AMOUNT OF $550,000.00)
13.
NO. 98-379
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR NORTH LAKES AND DENIA RECREATION CENTER
EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID #2287 -NORTH LAKES AND
DENIA RECREATION CENTER EXPANSION AWARDED TO MCWILLIAMS
ENTERPRISES, INC., IN THE AMOUNT OF $1,399,400.00)
City of Demon City Council Minutes
November 17, 1998
Page 4
14.
NO. 98-380
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYMENTS BY THE
CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5%
OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (PO
#90910 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
(TNRCC) IN THE AMOUNT OF $130,000.00)
15.
NO. 98-381
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH LOUIS BERGER &
ASSOCIATES, INC. FOR SERVICES RELATING TO THE VALUATION OF
ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (RFSP #2286 - VALUATION OF ELECTRIC TRANSMISSION AND
DISTRIBUTION SYSTEM AWARDED TO LOUIS BERGER & ASSOCIATES, INC.
IN THE AMOUNT OF $85,000.00)
16.
NO. 98-382
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH WORKER'S ASSISTANCE
PROGRAM, INC. FOR AN EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (RFSP #2277 - EMPLOYEE ASSISTANCE PROGRAM AWARDED TO
WORKER'S ASSISTANCE PROGRAM, INC. IN THE ESTIMATED AMOUNT OF
$15,710.88)
17.
NO. 98-383
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASE OF MATERIALS, SUPPLIES AND SERVICES FOR THE PURPOSE OF
MAINTAINING A KODAK IS 70 NCEA COLOR COPIER WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (PO #90834 TO DANKA IN THE AMOUNT OF $26,760.00 PER YEAR;
TOTAL AWARD $80,280.00)
18.
NO. 98-384
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A 70
PAGE PER MINUTE COLOR PRINTER/COPIER AS AWARDED BY THE STATE
OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE
City of Demon City Council Minutes
November 17, 1998
Page 5
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (PO #90833 TO DANKA IN THE AMOUNT OF $95,075.00)
19.
NO. 98-385
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A
MINOLTA CF900 COLOR COPIER AND ACCESSORIES AS AWARDED BY THE
STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (PO #90835 TO MINOLTA IN THE AMOUNT OF $32,830.00)
20.
NO. 98-386
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TREE TRIMMING ON MISCELLANEOUS
ELECTRIC LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2288 - TREE
TRIMMING AWARDED TO NORTH TEXAS TREE DBA HORTON TREE SERVICE
IN THE ESTIMATED AMOUNT OF $50,000.00)
21.
NO. 98-387
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FIRE FIGHTER STATION/WORK
UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID #2289 - FIRE FIGHTER
STATION/WORK UNIFORMS AWARDED TO CASCO iNDUSTRIES IN THE
APPROXIMATE AMOUNT OF $35,000.00)
22.
NO. 98-388
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE RENTAL OF APPROXIMATELY 3,000 SQ. FT. OF OFFICE
SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID #2296 - RENTAL OF
APPROXIMATELY 3000 SQ. FT. OF OFFICE SPACE AWARDED TO DENTON
AREA TEACHERS CREDIT UNION IN THE AMOUNT OF $3,000.00 PER MONTH
OR $36,000.00 PER YEAR)
23.
NO. 98-389
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
BEL AIR DEVELOPMENT, LTD. FOR PARTICIPATION IN THE OVERSIZING OF
A SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
November 17, 1998
Page 6
Plllll JIT, HEARING~
24. The Council held a joint City Council/Planning and Zoning Commission public hearing to
hear comments regarding the draft interim Corridor Ordinance.
Dave Hill, Director of Planning and Development, stated that this would be a joint public hearing
with the Planning and Zoning Commission regarding the Corridor Ordinance. There were two
types of corridors defined - gateways and entranceways. Entranceways consisted of U.S.
highways or farm-to-market roads that had less traffic capacity than the gateways. The
designation for Highway 380 was changed from a gateway to an entranceway. A joint meeting
with the Planning and Zoning Commission was required due to the alternative notification process
used that notified property owners outside the normal notification area. The draft ordinance
combined a site plan review process with design guidelines to allow consideration of individual
property features and development characteristics. Specific site plan information for Planning and
Zoning Commission and City Council review and approval would have to be submitted by the
property owners. Unless accompanied by a request for a zoning change, planned development
detailed plan, or specific use permit, the site plan review procedure would not require a public
hearing. The time for processing would be reduced to 2-3 weeks depending on the proposal.
Another major difference was that only the portion of land inside the corridors would be affected.
If a property owner were expanding a current structure or developing a new structure and those
activities took place entirely outside the corridor, it would be exempt from a site plan review.
The purpose of this meeting was to receive public comments on the revised ordinance and no
formal action would be taken. City Council action was anticipated for December 8th with an
effective date of March 15, 1999 for the ordinance. That would allow current projects to be
completed. Included in the agenda materials was a letter from the Chamber of Commerce
endorsing the ordinance with the exception of limited visibility uses. Staff had provided Council
with a technical opinion of that section of the ordinance. Limited visibility land uses were in the
original ordinance and was not negotiated with the Chamber. The basic function of the proposed
ordinance would not be impacted whether that section was in the ordinance or not.
Council Member Young asked about a grandfather clause.
Hill stated that there were no retroactive provisions in the ordinance. Any existing legally
established use would remain that way. If an existing business were expanded by 25% or less, it
would be exempt from the provisions of the ordinance.
Council Member Young asked if studies on this issue had been done in Texas and questioned if
there was a city in this area that might have a similar ordinance. If so, had any of those cities had
lawsuits filed in connection with their ordinance.
Hill stated that there were other communities in the area with similar regulations such as South
Lake and Plano. Council had been provided exact copies of those ordinances. If the provisions
stated that the regulations were for aesthetic quality, a defensible provision was established.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
City of Denton City Council Minutes
November 17, 1998
Page 7
Joe Winkle, 1907 Virginia Street, Denton, 76201 - opposition
Clyde Fisher, Miller Beer Distributor in Denton County - opposition
Zeke Martin, 1712 S. Bonnie Brae, Denton, 76205 - opposition
Michael Denis, Denton Regional Medical Center-supported Chamber position
Dave Greenlee, P.O. Box 2628, Fort Worth, 76113 - opposition
Les Holland, 3760 Holland Lane, Denton, 76208 - opposition
Valorie Meredith, 3428 Teasley Lane, Denton, 76205 - opposition
Alice Pockrus, 3909 S I35-E, Denton, 76205 - opposition
John Weber, 1300 Lindsay Street, Denton, 76205 - favor
George Highfill, 3204 Windy Hill, Denton, 76201 - representing Chamber- neutral
Joe Mulroy, 119 Ridgecrest, Denton, 76205 - support
Melvin Haisler, 4500 N. Locust, Denton, 76207 - opposition
Roy Wilshire, Hunt Petroleum Corp. - opposition
Tom Silva, 2201 Longmeadow Street, Denton, 76201 - neutral
Tom Farlow, Ft. Worth Drive, Denton, - opposition
Mayor Miller indicated that he had speaker cards from the following individuals who did not wish
to address the Council:
J.B. and Shirley Haisler, 1200 Cowling Road, Sanger, 76266 - opposition
Weldon Burgoon, 345 E. Hickory, Denton, 76201 - opposition
Bill Enlow, 1206 Shady Rest, Corinth, 76208 - opposition
Tony Clark, 3516 Belmont, Denton, 76205 - favor with deletion of Section 8
Dick Smith, 1903 Maid Marian, Denton, 76201- favor with deletion of Section 8
Bill Cheek, Jr., 1200 vista Verde, Denton, 76205 - opposition
Jesse Coffey, 3513 Granada Trail, Denton, 76205 - opposition
The Mayor closed the public hearing.
25. The Council held a public hearing to hear citizen comments regarding the draft Growth
Management Strategy.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
26. The Council held a public hearing and considered a request to rezone a 2.267-acre tract of
land from an agricultural (A) zoning district to a Light Industrial (LI) zoning district. The
property was located in east Denton on the east side of Mayhill Road, approximately 400 feet
north of E. McKinney Street (FM 426). Expansion of an existing business was proposed. (The
Planning and Zoning Commission recommended approval 5-0.) (Z-98-052, 204 Mayhill)
Dave Hill, Director of Planning and Development, stated that this rezoning request was located in
City of Denton City Council Minutes
November 17, 1998
Page 8
east Denton with a requested change from agriculture to light-industrial zoning. An expansion of
an existing business was the reason for the request. Because the property was annexed as
agriculture, the use was considered a legal non-conforming use. The applicant was asking for
rezoning to accommodate a small expansion for additional warehouse space. The light industrial
zoning would permit the current operation of the business and allow for expansion in the future.
There were four conditions recommended by the Planning and Zoning Commission as indicated in
the back-up materials. The most important condition was that the total developed floor area
would not exceed a 3 to 1 ratio. The other three other conditions were designed to minimize the
impact on neighboring homes.
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. 98-390
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL
CONDITIONED (LI[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 2.267 ACRES OF LAND LOCATED EAST OF MAYHILL
ROAD, APPROXIMATELY 400 FEET NORTH OF EAST MCK1NNEY STREET;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Young 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.
27. The Council held a public hearing and considered rezoning 33.776 acres from a Planned
Development (PD) zoning district to a Conditioned Commercial (C[c]) zoning district. The
33.776 acre property was legally described as being part of Block 10, Wimbleton Village, Phase
V, part of Block 11, all of Block 12, and part of Block 13 Wimbleton Village Phase IV, and all of
the dedicated right-of-way known as Walden Place (shown on the revised plat of Wimbleton
Village, Phase IV, now legally vacated). It was located on the south side of I-35E, east of State
School RD. The purpose was to expand an auto sales and service dealership. (The Planning and
Zoning Commission recommended approval 5-0 with conditions.) (Z-98-051, dames WoodAuto)
Dave Hill, Director of Planning and Development, stated that this request was to rezone 33.776
acres from planned development to conditioned commercial. The change was needed in order to
expand an auto sales and service dealership. The Planning and Zoning Commission recommended
approval with 4 conditions as noted in the agenda materials. The 20% rule was not in effect for
this case. Two neighborhood meetings were held with no one attending the first and the applicant
City of Denton City Council Minutes
November 17, 1998
Page 9
holding the second at his own accord. At this time the property was not platted.
The Mayor opened the public hearing.
James Wood stated that landscaping would be at the front of property so as to better serve the
neighbors. The back portion of the property would not be developed at this time so as to have
room for future expansion if needed.
Vicki McCombs stated that she was in favor of the proposal. Mr. Wood had done a great job
dealing with the neighbors. He had voluntarily changed the current lighting so as to not interfere
with the neighbors.
Don White stated that he was in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-391
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PD-12 ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO CONDITIONED COMMERCIAL [C(c)] ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 33.776 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF 1-35e, EAST OF STATE SCHOOL ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Young 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.
28. The Council held a public hearing and considered rezoning 1.5694 acres at 3805 W.
University from an Agricultural (A) zoning district to an Office (O) zoning district. The 1.5694-
acre property was legally described as Lot One (1), Block One (1) of the Bethel Temple
Parsonage Addition. It was located on the south side of University (U.S. 380) at the T-
intersection of Marshall Road and University. The proposal was to allow for a photographer's
studio and single family restricted dwelling on the same tract. (The Planning & Zoning
Commission recommended approval 4-0 with conditions.) (Z-98-026)
Dave Hill, Director of Planning and Development, stated that five conditions were recommended
by the Planning and Zoning Commission as noted in the agenda materials. The 20% rule was not
in effect for this proposal. The property was platted but would have to be replatted prior to
development.
The Mayor opened the public hearing.
City of Denton City Council Minutes
November 17, 1998
Page 10
No one spoke during the public hearing.
The Mayor closed the public hearing
The following ordinance was considered:
NO. 98-392
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO OFFICE (O) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 1.569 ACRES OF LAND LOCATED AT 3805 W.
UNIVERSITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance with the condition that any sign
not exceed 6 feet. 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.
29. The Council held a public hearing and considered rezoning 15.088 acres, amending the
approved concept plan and approving a detailed plan for PD-132 zoning district:
a. rezoning 15.088 acres from an Agricultural (A) zoning district to Planned
Development 132 (PD-132) zoning district;
b. amending the approved concept plan. The proposed concept plan contained 428 acres
and included a combination of single-family, multi-family, community facility, school, general retail and
open space (parks) land uses; and
c. approving a detailed plan. The detailed plan contained 138 acres and included single-
family land uses located in the southern portion of the zoning district.
The district extended north from Shady Shores Road just north of I-35 East and the east of Swisher
Road. (The Planning and Zoning Commission recommended approval 7-0 with conditions.) (Z-98-
011 and Z-98-037, The Preserve)
Dave Hill, Director of Planning and Development, stated this was a public hearing to consider
rezoning 15.08 acres to add to PD 132. This was property that the Council had recently
approved the annexation with the intent to add it to the Preserve Planned Development. The
proposal would also amend the approved concept plan. The second part of the proposal was to
approve a 139 acre detailed plan. The change requested was for a mix of permitted uses for SF-
MF, a community facility, a school, general retail and open space including parks as land uses.
Since the approval by the Planning and Zoning Commission, the project had been delayed due to
the applicant dealing with transportation issues and school impacts. The 20% rule was not in
effect. A neighborhood meeting was held in August with more than 30 people attending, most
were residents of Corinth or Shady Shores. Transportation improvements had to be done before
City of Denton City Council Minutes
November 17, 1998
Page 11
development of the property was started. The concept plan amendment did not significantly
change the character of the original concept plan. There was a decrease in non-residential square
footage from the original concept plan plus a decrease in general retail and neighborhood service
by nearly 200,000 square feet. The previous concept plan for Southview contained 18 acres for
parks and open space and this proposal contained 67.5 acres for park land that was well above the
requirement of the park dedication ordinance. Both plans provided for the location of a school
site. A letter from the DISD indicated that a 15-acre site had been donated to the DISD for an
elementary school site. The traffic impact analysis was the most complicated portion of the
proposal. There was a list of 18 improvements and what would trigger those improvements
before a building permit would be approved. That list was included in the agenda materials.
The Mayor opened the public hearing.
John Wilson stated that the approach for this proposal was to look at the land and identify what made
the land unique. This property was on a tributary of Pecan Creek that ran north to south in the
property. They had spent a large amount of time on the property to help develop the property to its
best use. They dealt with five principles of development. The first was preservation of nature and this
proposal used a preservation of a trail theme. The second principle dealt with a family and recreation
based community. There would be a diversity of community recreational facilities in this proposal.
Community support facilities was the third principle. Schools, daycares, community gathering facilities
and small retail shopping would be included in this proposal. The fourth principle was diversity of
neighborhoods. This proposal included diversity of housing products from townhomes to different
single family lot sizes. The last principle was a visual theme that would be created in the community
with fencing, lighting, signage, etc. This would be a multi-mobile community with hiking, biking, etc.
Mark Footlick stated that the goal of the proposed community was that it would not be a straight
housing community. The split road would give a feeling of open space and natural settings. They
had held four neighborhood meetings in the area with a diverse group participating in those
meetings. They had tried to address all concerns of those present at those meetings. Three
months ago they had started working with the DISD for a school site in area. He felt the DISD
was happy with the agreement for the 15-acre site of an elementary school. Part of the
transportation analysis and related items would be triggered by development of Tracts H and I.
There was a broad range of housing in the proposal.
Nancy Ustick stated that she had participated in several meetings with the developer and had been
kept updated regarding the development. This project would be a leader in the community. She
was in favor of the proposal.
The Mayor closed the public hearing.
The following ordinances were considered:
NO. 98-393
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
City of Denton City Council Minutes
November 17, 1998
Page 12
AND USE DESIGNATION TO PLANNED DEVELOPMENT ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 15.088 ACRES OF LAND
LOCATED ON THE EAST SIDE OF SWISHER ROAD AND IMMEDIATELY WEST
OF THE INTERSECTION OF SWISHER ROAD AND EDWARDS ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 98-394
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED
DEVELOPMENT 132 (PD 132) ZONING DISTRICT, AS THE 427.616 ACRES
DESCRIBED IN EXHIBIT "A" APPLY TO THE 414.9 ACRES OF LAND
DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
NO. 98-395
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
APPROVAL OF A DETAILED PLAN FOR 138.992 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT; THE SUBJECT
PROPERTY IS LOCATED NORTH OF SHADY SHORES ROAD JUST NORTH OF 1-
35 EAST AND EAST OF SWISHER ROAD; 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 above ordinances. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
ITEM~ FOR INDIVIDIIAI~ C,{}N~IDERATII}N
30. The Council considered adoption of an ordinance of the City of Denton, Texas, amending
Chapter 31 "Landscape" of the Code of Ordinances of the City of Denton providing for new
standards for applicability of ordinance when remodeling, redeveloping or reconstructing;
providing for a new list of exclusion from the ordinance; providing for new measuring of trees
under tree requirements and providing new credits for preservations of trees; providing definition
for landmark tree and procedure for designation; providing for new replacement requirements on
public property; providing for an alternative landscape plan; providing a penalty in the maximum
amount of $500.00 for violations thereof; providing a severability clause; providing a savings
clause and providing for an effective date. (Planning & Zoning recommended approval 4-0.)
Dave Hill, Director of Planning and Development, stated that this was the final action for
amendments to the current landscape ordinance. There had been extensive discussion regarding
each item identified in various staff reports. At the Council's last work session staff had been
asked to look at a list of plant materials and whether or not certain species should be added for
City of Denton City Council Minutes
November 17, 1998
Page 13
tree credits. The appropriate tables had been amended to allow anything on the list to be used for
tree credit. If a plant were alive and healthy it would be allowed for tree credit.
Council Member Young asked if there would be a change in the 20% rule.
Hill stated that there was a lot of discussion at the last work session regarding the formation of a
task force. Staff indicated that they would look into the formation of a task force. That item was
tabled to a date uncertain.
The following ordinance was considered:
NO. 98-396
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31
"LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
PROVIDING FOR NEW STANDARDS FOR APPLICABILITY OF ORDINANCE
WHEN REMODELING, REDEVELOPING OR RECONSTRUCTING; PROVIDING
FOR A NEW LIST OF EXCLUSION FROM THE ORDINANCE; PROVIDING FOR
NEW MEASURING OF TREES UNDER TREE REQUIREMENTS AND PROVIDING
NEW CREDITS FOR PRESERVATIONS OF TREES; PROVIDING DEFINITION
FOR LANDMARK TREE AND PROCEDURE FOR DESIGNATION; PROVIDING
FOR NEW REPLACEMENT REQUIREMENTS ON PUBLIC PROPERTY;
PROVIDING FOR AN ALTERNATIVE LANDSCAPE PLAN; PROVIDING A
PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance.
Council Member Young stated that he had been against the ordinance from the beginning and still
supported the idea of a task force. He felt the business community had not had enough input into
the ordinance.
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.
31. The Council considered adoption of an ordinance suspending the proposed rate increase in
the statement of intent filed by Lone Star Gas Company for the rates for sales of natural gas to
residential and commercial consumers in the City of Denton, Texas on October 23, 1998, for 90
days beyond the intended effective date; adopting declarations and findings in the preamble;
providing the reasons therefore; providing a severability clause; and providing for an effective
date.
City Attorney Prouty stated that this ordinance would suspend Lone Star Gas' application for a
rate increase for 90 days from the effective date of November 27th. That would allow Council
reasonable time to investigate the request and determine whether or not a rate increase was
reasonable. If the increase were granted, Lone Star Gas would experience an increase in annual
City of Denton City Council Minutes
November 17, 1998
Page 14
revenue by $476,000 per year or a 6.24% increase. There would be a slight decrease for
commercial rates and overall residential rates might be larger or smaller than 6.24 % depending on
usage. Staff was recommending the hiring of a rate expert to investigate this request.
Council Member Burroughs stated that the agenda item did not include approving a rate
consultant.
City Attorney Prouty stated that staff had indicated in the back-up materials a recommendation to
hire an outside consultant. There was also one finding in the "whereas clauses" indicating the
necessity to hire a rate expert to analyze the request.
Council Member Young felt that this could be done in-house without an outside consultant.
Kirk King, Lone Star Gas, stated that he was in support of the proposal and would work closely
with staff to review the rate request. The last rate increase by Lone Star Gas was done in 1981.
Council Member Cochran stated that he was in favor of the extension. He questioned doing the
rate review in-house. He asked what recourse Lone Star Gas would have if the City's assessment
were different from what Lone Star was requesting.
City Attorney Prouty stated that Lone Star could appeal to the Railroad Commission if there was
no agreement on a rate increase
Council Member Cochran stated he would prefer to do the study in-house rather than with an
outside consultant.
Mayor Pro Tem Beasley asked for the reason for an outside consultant.
Kathy DuBose, Assistant City Manager for Finance, stated that rate making and rate changes
required a long period of time and required an expertise in that area.
The following ordinance was considered:
NO. 98-397
AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE IN THE
STATEMENT OF INTENT FILED BY LONE STAR GAS COMPANY FOR THE
RATES FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL
CONSUMERS IN THE CITY OF DENTON, TEXAS ON OCTOBER 23, 1998, FOR 90
DAYS BEYOND THE INTENDED EFFECTIVE DATE; ADOPTING
DECLARATIONS AND F1NDINGS IN THE PREAMBLE; PROVIDING THE
REASONS THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Pro Tem Beasley motioned to adopt the ordinance and hire an outside rate expert to assist
in reviewing the rates.
Council Member Durrance seconded the motion and stated that this was a complex area with
City of Denton City Council Minutes
November 17, 1998
Page 15
many legal aspects.
Council Member Cochran felt that the City was capable of reviewing the rate and determining if
the proposal was not adequate. The issue was rate of return on investment in the City and not the
setting of rates.
Council Member Burroughs felt that if staff was not comfortable reviewing the rates, a consultant
should be hired.
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.
32. The Council considered adoption of an ordinance approving a real estate contract between
the City of Denton and State Street Bank and Trust Company as trustee for the electronic data
systems corporation retirement plan and trust, relating to the purchase of 0.835 acre of land for
the expansion of U.S. Highway 77 (Parcel 11); authorizing the expenditure of funds therefore;
and providing an effective date.
The following ordinance was considered:
NO. 98-398
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND STATE STREET BANK AND TRUST COMPANY AS
TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION
RETIREMENT PLAN AND TRUST, RELATING TO THE PURCHASE OF 0.835
ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 11);
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
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.
33. The Council considered adoption of an ordinance authorizing the City Manager to execute
a personal services contract with Roger Wilkinson to provide technical support for the acquisition
of right-of-way parcels and utility easements relating to the U.S. Highway 77 project; authorizing
the expenditure of funds therefor; and providing an effective date.
The following ordinance was considered:
NO. 98-399
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE
TECHNICAL SUPPORT FOR THE ACQUISITION OF RIGHT-OF-WAY PARCELS
City of Denton City Council Minutes
November 17, 1998
Page 16
AND UTILITY EASEMENTS RELATING TO THE U.S. HIGHWAY 77 PROJECT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Burroughs 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.
34. The Council considered adoption of an ordinance abandoning a certain 16 foot drainage
easement consisting of 1,924 square feet of land on the east side of Bridges Road, approximately
535 feet north of Spencer Road, situated within property recorded in the deed records of Denton
County, Texas at Volume 960, Page 723, and described as a part of the M.E.P. & P. RR Survey,
Abstract 927; and providing for an effective date.
The following ordinance was considered:
NO. 98-400
AN ORDINANCE ABANDONING A CERTAIN 16 FOOT DRAINAGE EASEMENT
CONSISTING OF 1,924 SQUARE FEET OF LAND ON THE EAST SIDE OF
BRIDGES ROAD, APPROXIMATELY 535 FEET NORTH OF SPENCER ROAD,
SITUATED WITHIN PROPERTY RECORDED IN THE DEED RECORDS OF
DENTON COUNTY, TEXAS AT VOLUME 960, PAGE 723, AND DESCRIBED AS A
PART OF THE M.E.P. & P. RR SURVEY, ABSTRACT 927; AND PROVIDING FOR
AN EFFECTIVE DATE.
Kristoferson motioned, Beasley 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.
35. The Council considered adoption of an ordinance amending Chapter 29 of the Code of
Ordinances of the City of Denton, Texas to provide for the adoption of the Uniform Fire Code,
1997 Edition; providing for amendments thereto; re-establishing permit fees; providing for a
penalty in the amount of $2,000 for violations thereof; providing for a severability clause;
repealing all ordinances in conflict therewith; and providing for an effective date.
The following ordinance was considered:
NO. 98-401
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE
UNIFORM FIRE CODE, 1997 EDITION; PROVIDING FOR AMENDMENTS
THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN
THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A
SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE
City of Denton City Council Minutes
November 17, 1998
Page 17
Cochran motioned, Young 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.
36. The Council considered adoption of an ordinance of the City of Denton, Texas appointing
Sharon Mays to act as the designated representative and Guy Phil Rennaker to act as the alternate
designated representative for the City of Denton, Texas, in order to effectuate the requirements of
federal regulations and laws relating to the "Acid Rain Program" under the 1990 Amendments to
the Federal Clean Air Act; authorizing the City Manager to execute the designated representative
agreement, and providing an effective date.
The following ordinance was considered:
NO. 98-402
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING SHARON
MAYS TO ACT AS THE DESIGNATED REPRESENTATIVE AND GUY PHIL
RENNAKER TO ACT AS THE ALTERNATE DESIGNATED REPRESENTATIVE
FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE
REQUIREMENTS OF FEDERAL REGULATIONS AND LAWS RELATING TO THE
"ACID RAIN PROGRAM" UNDER THE 1990 AMENDMENTS TO THE FEDERAL
CLEAN AIR ACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DESIGNATED REPRESENTATIVE AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE.
Burroughs motioned, Cochran 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.
37. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
38. New Business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Cochran stated that PD-86 was not addressed by the alternate
overlay zoning proposal of adequate service proposal. He requested overlay zoning not less than
SF-10 prior to the adoption of the comprehensive ordinance for PD-86. He also requested staff
look into the creation of an overlay ordinance to fit over PD 86 permitting SF-10 and above in the
residential category.
Council Member Kristoferson questioned if it was only for PD-86 or all planned developments.
Council Member Cochran indicated that he was only concerned about PD-86 because of the
amount of comments he had received from citizens. He did feel there were others that were not
City of Denton City Council Minutes
November 17, 1998
Page 18
adequately taken care of by the adequate service proposal. He asked the other Council Members
to bring up any other planned developments they were concerned with to the staff for
consideration. The staff proposal for adequate service was good but did not serve all of the
planned developments.
Council Member Kristoferson suggested having staff bring back a draft ordinance to determine
how quickly the process could move on this. The adequate facilities ordinance did not have a lot
of available information regarding it for review.
Council Member stated that if Council was going to consider how to apply growth management
strategies and what tools might be available, not only in the interim but also in addition to the
adequate facilities public services ordinance, as it related to the interim ordinance.
B. Council Member Durrance suggested discussing the possibility of coordinating
with TxDot the widening of University to Loop 288 to 1-35 regarding multi-module
transportation means such as bike lanes, etc.
Council Member Cochran suggested including a pedestrian crossings across University Drive
39. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the
Texas Open Meetings Act.
40. 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 12:00 midnight.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS