Minutes December 8, 1998CITY OF DENTON CITY COUNCIL M1NUTES
December 8, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, December 8, 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:
A. 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.
B. Deliberations regarding real property -Under TEX. GOV'T. CODE Sec. 551.072;
and consultation with attorney - Under TEX. GOV'T. CODE Sec. 551.071
1. Considered and discussed the valuation and the possible sale, transfer, or
other divestiture of real property pertaining to the City of Denton's electric utility system,
including, without limitation: the Gibbons Creek generation facility located in Grimes
County, Texas; the Spencer generation facility located on Spencer Road in Denton,
Denton County, Texas; the hydroelectric facilities located in Denton County, Texas; other
component facilities of the City's electric transmission and distribution system; as well as
attorney's advice pertaining thereto.
The Council convened into a Regular Meeting of the City of Denton City Council on Tuesday,
December 8, 1998 at 6:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance,
Kristoferson and Young.
AB SENT: Council Member Burroughs
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 August 18, August 25, September 1,
and September 8, 1998.
Young motioned, Beasley seconded to approve the minutes as presented.. On roll vote, Beasley
"aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye".
Motion carried unanimously.
City of Denton City Council Minutes
December 8, 1998
Page 2
PRESENTATIONS/AWARDS
3. Proclamations
Mayor Miller presented a proclamation for '?olice Appreciation Day".
4. December Yard-of-the Month Awards
Mayor Miller presented the December Yard of the Month awards to:
Rosemary Goodyear
Karen and Richard Wick
Cooper Glen Apartments
5. Sue Compton - "Librarian of the Year" award to Eva Poole from the TML Library
Directors.
Ms. Poole was presented the "Librarian of the Year" award from the Texas Municipal League and
the Texas Library Association.
CITIZEN REPORTg
6. The Council received a report from Margaret Tillman regarding rezoning an area that was
in a 100-year flood plain.
Ms. Tillman stated that they had requested a zoning change at 1001 Hickory as major renovations
were needed. The Community Development Office recommended replacement but the property
was located in the 100 year flood plain and thus renovations could not be done. The creek no
longer flooded out of its banks due to prior work and she was requesting research be done to redo
the flood plain map so that she could do the needed renovation work to the home.
Mayor Miller indicated that staff would research her situation to determine what could be done
for Ms. Tillman.
7. The Council received a report from Doug Ebersole regarding the Sign Board of Appeals.
Mr. Ebersole was not present at the meeting.
8. The Council received a report from Carol Lewis, 400 Mockingbird, regarding the Denton
Affordable Housing Development.
Ms. Lewis presented a petition to Council of over 300 signatures regarding this issue. The final
plat approval had been postponed for two weeks from the Planning and Zoning Commission. The
Commission must approve the final plat unless specific violations were found. She felt that
drainage would be one of those areas of violation. The drainage in the area would be greatly
affected if these homes were allowed to be placed in the area. The area residents were not
questioning the reputation of the Denton Affordable Housing but were concerned about how the
City of Denton City Council Minutes
December 8, 1998
Page 3
homes would affect the property values of their homes. Some of the homes had asbestos and that
caused a concern with the renovation work. Other concerns included the density of the
structures, the proposed placement and the age of the homes, as they did not compliment the
adjoining neighborhood. She felt that adequate time had not been spent on researching the
placement of the homes for drainage and for the renovation work involved.
Council Member Young asked what the Council could do and if the Council could condemn the
houses and have them removed.
City Attorney Prouty stated that the City ordinance allocated the approval of plats to the Planning
and Zoning Commission and Council had no authority over that process. If a plat met all of the
subdivision requirements, the Commission had to approve the plat. Ms. Lewis wanted an
investigation as to whether the properties involved met all the subdivision regulations especially
drainage. Condemnation had a process to follow that included a notice and hearing on such
property. There was always an option to condemn the property to have the structure
rehabilitated.
Council Member Young asked what needed to be done to start the process.
City Attorney Prouty stated that the Building Inspections Department would have to look at the
property to see if it met that portion of the city code.
Council Member Young asked that that process be started for Council.
9. The Council received a report from Willie Hudspeth regarding drainage easements at 623
Newton Street.
Mr. Hudspeth was not present
10. The Council received a report from John Weber regarding the sign ordinance.
Mr. Weber stated that he was the official spokesperson of the Denia Area residents group. A few
years ago a group of citizens started trying to have members appointed to the City's boards and
commissions who were interested in the agenda of a particular group. It appeared that some
members of various boards/commissions were trying to rewrite the ordinances they were
supposed to enforce. An example was the Home Depot sign that was in violation of the sign
ordinance. Another case was the action by the Planning and Zoning Commission to vote against
the corridor ordinance. Citizens wanted to protect Denton and needed such an ordinance. He
requested a major housecleaning of the board and commission members and have Council appoint
members to the boards/commissions who represented the interest of Denton and not of a
particular group.
11. The Council received a report from Dessie Goodson regarding solving citizens'
complaints.
Ms. Goodson stated that she had presented to Council the condition of sidewalks and trees and
shrubs on the streets for over two years.
City of Denton City Council Minutes
December 8, 1998
Page 4
~(}N~ENT AGENDA
Beasley motioned, Durrance seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and
Mayor Miller "aye". Motion carried unanimously.
12. NO. 98-403
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #4
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
$1,144,550.26 + CHANGE ORDER #4 IN THE AMOUNT OF $84,538)
13.
NO. 98-404
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER #4 TO
A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELL #1 BETWEEN
THE CITY OF DENTON AND RBI/LANDMARK RECLAMATION, INC.;
PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE
IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID
#2165 TO RBI/LANDMARK RECLAMATION, INC. IN THE AMOUNT OF
$1,523,913.68 + CHANGE ORDER #4 IN THE AMOUNT OF $6,100)
14.
NO. 98-405
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON
FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE UTILITIES
PROVIDING ENERGY TRANSMISSION SERVICE TO THE CITY OF DENTON;
AND PROVIDING AN EFFECTIVE DATE. (PO #91019 TO CENTRAL POWER &
LIGHT; PO #91020 TO TEXAS UTILITIES ELECTRIC AND PO #91021 TO
HOUSTON LIGHTING & POWER IN THE COMB1NED TOTAL OF $405,003.75)
15.
NO. 98-406
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (INTERLOCAL AGREEMENT FILE #2297 -POLICE SEDANS TARRANT
COUNTY INTERLOCAL AGREEMENT AWARDED TO BILL UTTER FORD IN
THE AMOUNT OF $486,624.40)
City of Denton City Council Minutes
December 8, 1998
Page 5
16.
NO. 98-407
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF SOFTWARE AND HARDWARE MAINTENANCE FOR
AMERITECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (PO #91277 to Ameritech Library Services in the amount of $28,101.91)
17.
NO. 98-408
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER
252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (PO #91286 TO CARON COMPACTOR CO.
IN THE AMOUNT OF $39,850)
18.
NO. 98-409
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MATERIALS OR EQUIPMENT 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 #91294A,
91294B, 91294C TO MOTOROLA COMMUNICATIONS IN THE AMOUNT OF
$48,391)
19.
NO. 98-410
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN UPGRADE TO THE SCADA SYSTEM WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS
OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING
SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (PO #91651 TO ADVANCED CONTROL
SYSTEMS in the amount of$211,803)
20.
NO. 98-411
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF CEMENT, LIME AND
AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID #2290 - CEMENT, LIME AND
City of Denton City Council Minutes
December 8, 1998
Page 6
AGGREGATE AWARDED AS LISTED ON EXHIBIT A. ESTIMATED ANNUAL
EXPENDITURE $660,00)
21.
NO. 98-412
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF HOT MIX/HOT LAY ASPHALT
CONCRETE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID #2291 -HOT MIX/HOT LAY
ASPHALT CONCRETE AWARDED TO JAGOE PUBLIC, ANNUAL ESTIMATED
EXPENDITURE IS $760,000)
22.
NO. 98-413
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF WOOD/YARD WASTE GRINDING
SERVICES AT THE MUNICIPAL LANDFILL; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2294 WOOD/YARD WASTE GRINDING AT THE LANDFILL
AWARDED TO THELIN RECYCLING CO. IN THE ESTIMATED AMOUNT OF
$75,000)
23.
NO. 98-414
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAILER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID #2302 -Trencher & Trailer awarded to Witch Equipment
Co., Inc. for $38,118.67)
24.
NO. 98-415
AN ORDINANCE AMENDING ORDINANCE NO. 96-014, AS AMENDED,
RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL, BY
PROVIDING CERTAIN RULES ESTABLISHING DECORUM, BEHAVIOR, AND
SECURITY REGARDING CITIZENS' BEHAVIOR AND CONDUCT AT CITY
COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00;
AND PROVIDING FOR AN EFFECTIVE DATE.
25.
NO. 98-416
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY
PER M1NUTE ORDER 102542; AUTHORIZING THE EXPENDITURE OF FUNDS
City of Denton City Council Minutes
December 8, 1998
Page 7
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
26.
Ordinances authorizing the Mayor to execute agreements between the City of Denton and
the following entities for the payment and use of hotel tax revenue; and providing an
effective date:
NO. 98-417
NO. 98-418
NO. 98-419
NO. 98-420
NO. 98-421
NO. 98-422
NO. 98-423
NO. 98-424
NO. 98-425
NO. 98-426
NO. 98-427
NO. 98-428
NO. 98-429
Greater Denton Arts Council (3 year contract)
Denton Chamber of Commerce (3 year contract)
Denton Holiday Festival Association
Denton Community Theatre, Inc.
North Texas State Fair (3 year contract)
Denton Festival Foundation
Tejas Storytelling Association
Denton Black Chamber of Commerce
Denton Hispanic Chamber of Commerce
Denton County Courthouse-On-The-Square Museum
The Scholars Phair Foundation
The Denton County Historical Commission
The Denton County Historical Foundation, Inc.
PllRl lC, HEARING
27. The Council held a public hearing and considered rezoning a request to change zoning for
34.133 acres presently classified as Planned Development 39 (PD39) zoning district (for cluster
homes) and a Single Family 7 (SF-7) zoning district to a Planned Development zoning district by
way of a detailed plan, allowing for detached single-family homes. The property was legally
described as the west 34.133 acres of Tract 26 in the S. McCracken Survey (Abstract 817) and
was located on the southeast corner of Stuart Road and Loop 288. The request was for 173
single-family lots. Existing zoning would allow for a combined total of 230 single-family lots.
(The Planning and Zoning Commission recommended approval (5-0) with conditions.) (Z-98-
042)
Council Member Cochran left the meeting with a potential conflict of interest.
Dave Hill, Director of Planning and Development, stated that this proposal was a portion of PD-
39 and the remainder of the property was already classified as SF-7. The proposal was to
construct a residential subdivision for 173 single-family homes. The existing zoning under SF-7
and PD-39 would allow for a combined total of 230 single-family lots. The site was currently
undeveloped and a good portion of land to the east and south of the site was also undeveloped. A
super majority vote of the Council was not in effect for this case. The Planning and Zoning
Commission recommended approval with the conditions listed in the agenda materials. Hill
reviewed the zoning history of the property as indicated in agenda materials. Some right-of-way
dedication would be required, as would some infrastructure improvements.
The Mayor opened the public hearing.
City of Denton City Council Minutes
December 8, 1998
Page 8
Dan Gould, Jr. stated that this was a downzoning of approximately 34 acres from 230 mixed
dwelling units to 173 single-family homes. He presented three plans for the development. The
"A" plan was proposed with 173 lots with modifications and enlargements of the lots abutting lots
on the Juno Drive area. Plan "A" showed two entrances on Stuart Road that seemed to be
preferred by both developer and adjoining property owners. Plan "B" was approximately 171 lots
with a single entrance and also with an enlargement of those lots abutting Juno Drive. Plan "C"
was the original site plan containing 175 lots as originally given to Council. The site plan included
two entrances from Stuart Road and reflected smaller lots adjacent to those homes on Juno Drive.
They felt that good zoning and good development was a positive balance between neighbors,
members of the community, city government and the developer and that Plan "A' met that
objective.
Mayor Pro Tem Beasley asked about the price of homes in the proposal.
Gould stated that the homes would start at $90,000 and exceed $100,000 in the future. He could
not say what would be the exact footage that this point in time. They had had an additional
neighborhood meeting since the first meeting. That meeting was notified with the 200-foot limit.
Council Member Durrance asked about the accesses in the various plans.
Hill stated that it was his understanding that under a planned development the Planning and
Zoning Commission could approve a variance to the subdivision regulations but if it were denied,
he did not feel it went to Council for appeal.
City Attorney Prouty stated that if it were part of a zoning request, Council could alter the
proposal. The Planning and Zoning Commission had recommended one access and denied a
variance for two accesses.
Gould replied that that was correct and the developer had proposed a double access after the last
meeting with the neighbors. The adjacent property had very limited access and the neighbors
were concerned that they would become land locked if a double access were not provided.
City Attorney Prouty stated that the Council could not approve two entrances based on the fact
that the Planning and Zoning Commission had denied the variance. The Council needed to
consider only one entrance.
Randy Smith stated that everyone within 200-feet was notified regarding a neighborhood meeting.
Only four people attended the meeting possibly because many of the homes were rent homes. He
felt it was good to not have the multi-family zoning along the Loop.
Council Member Kristoferson stated that the information at the neighborhood meeting was that
the development would be multifamily. The planned development indicated cluster zoning. She
asked if the citizens were informed that the multi-family was removed or was it defined as cluster.
Smith indicated that they were told that it was multi-family with 10 units per acre.
City of Denton City Council Minutes
December 8, 1998
Page 9
Brian Holman stated that he had a problem with the issue of notice. He received his first notice in
August but based on the wording of the envelope he considered it junk mail and threw it away.
He did not know it was a rezoning meeting. His lot was a SF-10 lot adjacent to the proposal. He
was concerned about the size of the lots and how that would affect the value of his home. He was
also concerned about having only one entrance to the proposal with possible fire hazards. It was
good to have development in the area and the removal of multi-family zoning but he requested
that the lots by his home be increased to SF-10.
The Mayor closed the public hearing.
Kristoferson motioned, Durrance seconded to deny the request.
Mayor Pro Tem Beasley stated that she would be voting in favor of the motion. She had a
concern about only one access for the traffic. Homes behind the development would have much
smaller lots next to their homes. She felt this was too dense of development for the
neighborhood.
Young motioned, Miller seconded to postpone consideration to give the developer more time to
work out differences with the neighborhood.
City Attorney Prouty noted that two members of the Council were absent. Council rules
indicated that four affirmative votes were needed to approve any Council action and it appeared
that that might not be the case.
On roll vote to postpone, Beasley "nay", Durrance "nay", Kristoferson "nay", Young "aye", and
Mayor Miller "aye". Motion to postpone failed with a 2-3 vote.
Council Member Durrance expressed concerns about the effect on the adjoining neighborhoods.
Traffic problems also presented difficulties. Another project in the area that was denied had
requested SF- 5 zoning for manufactured housing.
Council Member Young stated that Council continued to send a message to developers that
Denton was not business friendly. The message was that people did not have enough money to
live in Denton. Everyone in Denton could not afford $100,000 homes and up.
Mayor Miller indicated that he would be voting against the motion based on the changes made by
the developer with the Planning and Zoning Commission's conditions. The analysis was
consistent with Denton Development Plan in terms of traffic. There was a need for homes of all
sizes and variety in Denton.
On roll vote to deny, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Miller "nay". Motion failed as under the Council's requirements a vote of 4 ayes were needed to
pass the motion.
City Attorney Prouty stated that this vote amounted to a "no" vote and did not trigger the twelve-
month waiting period. It would go back to staff with a number of options available.
Mayor Miller asked that the proposal go back to the staff to meet with the developers. He would
City of Denton City Council Minutes
December 8, 1998
Page 10
also ask the City Attorney to meet with Council Member Burroughs and Cochran to see if there
would be a legal means to allow for them to vote on this issue.
Council Member Cochran returned to the meeting.
VARIANCE
28. The Council considered approval of an exaction variance from Section 34-114 (7) of the
Code of Ordinances concerning sidewalks for Lot A, Block 1 of the Wendell E. Woods Addition.
The subject property was located on the east side of Hill Street, just northeast of the T-
intersection with Boardwalk and would consist of one single-family lot. (The Planning and
Zoning Commission recommended approval 5-0.)
Dave Hill, Director of Planning and Development, stated that the action requested was an
exaction variance concerning a sidewalk requirement. The Planning and Zoning Commission had
recommended approval. There were no other sidewalks on Hill Street
Young motioned, Cochran seconded to approve the variance request.
On roll vote, Beasley "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and
Mayor Miller "aye". Motion carried with a 4-2 vote.
The Council returned to the Citizen Reports.
7. Citizen report from Doug Ebersole
Mr. Ebersole indicated that that he was chair of the Sign Board of Appeals. He wanted to report
on recent action by the Board regarding the Home Depot sign. The framers of the sign ordinance
created a loophole in the form of the Sign Board of Appeals. The Sign Board granted a large
variance to Home Depot. Several citizens and former council members spoke against the request.
Those comments were ignored. The Board members chose to upgrade the size and height limit
on the notion that Home Depot was on the Interstate. The sign that was granted was seven times
larger than the requirements and four times wider. This action weakened the sign ordinance and
probably would cause its eventual collapse. Council should be more cautious with their
appointments to decision-making boards and their appointees should share their views regarding
issues. Two members did not attend the last meeting and one of those not attending was the
member who requested reconsideration of the request. Policy-making should be action by the
Council and not an appeals board. He suggested Council recall certain members of the Board or
abolish the Sign Board. His recommendation was to write the Sign Board of Appeals out of the
ordinance and have Council consider those issues.
8. Citizen report by Willie Hudspeth
Council Member Burroughs arrived at the meeting.
Mr. Hudspeth reviewed the history of his request. The area surrounding his home was not developed
City of Denton City Council Minutes
December 8, 1998
Page 11
correctly. During the construction of his home and since completion, the City, DISD and County had
not aided him when he requested consideration of major issues such as the fifty year old pecan tree he
tried to save in front of his home. He was told it would not die during the construction. The tree was
currently dying. He asked before the concrete was poured in front of his home that it be slanted and to
move the drain to provide the drainage instead of in front of his home. Now the water drained directly
to his home. The City was proposing to take one-fourth of his back yard property with proposed
drainage improvements. He felt there were three options - move the water line and have the drainage
to the north, pay for the trees or pay for the property the City was taking.
ITEM~ FOR INDIVIDIIAI~ C,{}N~IDERATII}N
29. The Council considered adoption of an ordinance of the City of Denton, Texas, amending
Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton by adopting Article X!
"Corridor Overlay District"; providing a classification for designating roadways in Denton;
establishing a site plan review process, establishing landscaping, architectural, screening, outdoor
storage, limited visibility land use, traffic circulation, and sign guidelines; providing for a penalty
in the maximum amount of $2,000.00 for the violation thereof; providing a severability clause;
providing a savings clause and providing for an effective date. (The Planning and Zoning
Commission recommended no further consideration of the draft ordinance, 4-3.)
City Attorney Prouty stated that since the last consideration of this item by Council, there was a 4-3
vote that constituted a denial of the ordinance from the Planning and Zoning Commission. That
Planning and Zoning Commission action affected the Council's consideration of the ordinance.
Because of the negative recommendation from the Planning and Zoning Commission, a supermajority
vote by Council would be required to pass this ordinance.
Council Member Kristoferson stated that one of the Planning and Zoning Commissioners voted
against the ordinance because it was so watered down and no longer effective. She questioned
what would be the mechanism for reconsideration by the Planning and Zoning Commission thus
postponing it at this meeting.
City Attorney Prouty stated that should Council decide to make amendments to the ordinance at
this meeting, it could be sent back to the Planning and Zoning Commission for consideration and
Council could postpone final consideration by Council until that time. If a positive
recommendation were then received by the Planning and Zoning Commission, a regular majority
vote would be required at the Council level.
Council Member Kristoferson asked if there would be a need for a motion of reconsideration by a
Planning and Zoning Commissioner who voted in the negative.
City Attorney Prouty stated that one member voting in favor would have to motion to reconsider
and any member could second. Another possibility was to amend the ordinance at this meeting
and return it to the Planning and Zoning Commission for reconsideration of the amended
ordinance.
Beasley motioned, Kristoferson seconded to debate the ordinance, propose her amendments and
send the ordinance back to the Planning and Zoning Commission for consideration.
City of Denton City Council Minutes
December 8, 1998
Page 12
Council Member Cochran stated that he would like to hear the amendments now before voting on
the motion.
Mayor Pro Tem Beasley stated that she had three amendments to offer for the ordinance. The
first would be to remove Section 8 from the ordinance. The second was to remove portions of
Highway 380 inside the Loop from Loop 288 to Ruddell and From Highway 380 west to
Primrose. The third was to increase the structural expansion from 25% to 50%.
On roll vote on the motion to consider the ordinance as was outlined by Mayor Pro Tem Beasley,
Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay",
and Mayor Miller "nay". Motion carried with a 5-2 vote.
Beasley motioned, Burroughs seconded to amend the ordinance with three amendments - removal
of Section 8, increase the structural expansion grandfathering to 50% and under Section 35-413-
Classifications/Entranceways, remove Sections A and B. This would be returned to the Planning
and Zoning Commission with these amendments.
The following individuals spoke regarding the proposed ordinance:
Frank Cunnimgham, 1604 Churchill, Denton, 76201 - opposed
Steve Kniatt, 611 Fort Worth Drive, Denton, 76201 -opposed
Joe Mulroy, 119 Ridgecrest, Denton, 76205 - favor with proposed amendments
Bill Enlow, 1206 Shady Rest, Corinth, 76208 - neutral but work with citizens
Greg Winkle, 3105 Windy Hill, Denton, 76201 - opposed
John Hooftler, 715 N. Elm, Denton, 76201 - favor
Tim Peters, 3704 Granada Trail, Denton, 76205 - favor
Fred Gossett, 3635 Serindippty, Corinth, 76205 -opposed
Don White, 2105 Savannah Trail, Denton, 76205 - opposed
Buddy Wages, 2504 Fort Worth Drive, Denton, 76205 - opposed
Larry Bailey, 3819 West University, Denton, 76207 - opposed
CliffReding, 211 Woodrow, Denton, 76205 - opposed
Jack Bell, 521 E. Windsor, Denton, 76201 -opposed (card only)
Kirk King, 100 W. Mulberry, Denton, 76201 - neutral (card only)
Nancy Ustick, 104 East Brown Terrace, Corinth, 76208 - favor
Joe D. Winkle, 1907 Virginia Street, Denton, 76201 - opposed
Mayor Pro Tem Beasley stated that the original intention of the ordinance was to enhance and
protect the vacant land on the City's corridors. However, the original ordinance could not single
out certain parcels of land and had to include all land located on the corridors. The provisions
protected the current business owners if they were not going to expand. If a business were going
to expand it would have to show a site plan and how the expansion would conform to the
ordinance. Most of the citizens she had talked with about this wanted quality development in
Denton and quality of life.
Council Member Cochran stated that he had heard from many individuals regarding this proposal.
The City's impression of those traveling through Denton on I35 was very important. He felt this
City of Denton City Council Minutes
December 8, 1998
Page 13
was a marketing issue for the community.
Council Member Young stated that the citizens he had talked with were against this ordinance.
They wanted the City to look good but did not want to run off businesses. He felt that the City
was wrong in trying to regulate business.
Council Member Burroughs stated that the proposed revisions would allow for flexibility for
individuals. His initial reaction was that the ordinance was not accomplishing a great end and was
very onerous for the individual. Now he felt that there was a purpose for such an ordinance.
Council Member Durrance stated that the City needed to think for the future in regards to such an
ordinance. Other cities with such ordinances continued to grow and prosper.
Mayor Miller stated that he had a problem with the ordinance as amended and felt that it would be
micro-managing a small segment of the community. He was concerned that the ordinance would
control growth. The City already had ordinances in place to accomplish what the proposed
ordinance would do. Potential developers would be expected to know up front what was
expected for development and that would not be an easy task. He felt that the intent of the
ordinance was good but that it would slow down progress.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "nay", and Mayor Miller "nay". Motion carried with a 5-2 vote.
30. The Council considered adoption of an ordinance approving an agreement between the
City of Denton, Texas and the Denton Parks Foundation providing for the coordination of
operations and activities; authorizing the City Manager to execute the agreement; approving the
expenditure of funds therefor; and providing an effective date.
Ed Hodney, Director of Parks and Recreation, stated that this was an operating agreement
between Denton and the Denton Parks Foundation. The Foundation was a 501(c)3 organization
that was governed by an 11-member board of directors.
The following ordinance was considered:
NO. 98-430
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND THE DENTON PARKS FOUNDATION PROVIDING FOR
THE COORDINATION OF OPERATIONS AND ACTIVITIES; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Beasley 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.
City of Denton City Council Minutes
December 8, 1998
Page 14
31. The Council considered adoption of an ordinance authorizing the first amendment to an
airport lease agreement commercial/FBO between the City of Denton and Ezell Aviation, Inc.;
and providing for an effective date.
Linda Ratliff, Economic Development Director, stated that Ezell Aviation desired to expand its
operation and revise its project by remodeling the existing facility, upgrading the fueling system,
constructing a public apron and constructing a 12,000 hanger for the re-manufacturing of planes.
The following ordinance was considered:
NO. 98-431
AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO AN AIRPORT
LEASE AGREEMENT COMMERCIAL/FBO BETWEEN THE CITY OF DENTON
AND EZELL AVIATION, INC.; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson 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.
32. The Council considered adoption of an ordinance of the City of Denton, Texas amending
Section 20-71(c) of the Code of Ordinances of the City of Denton, Texas to amend the defense to
prosecution for violations of height limitations on certain weeds, grass, and uncultivated
vegetation by adding a defense for the growing of hay under certain conditions; providing for a
severability clause; providing a savings clause; providing for a penalty not to exceed five hundred
dollars; and providing for an effective date.
The following ordinance was considered:
NO. 98-432
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-
71(C) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
AMEND THE DEFENSE TO PROSECUTION FOR VIOLATIONS OF HEIGHT
LIMITATIONS ON CERTAIN WEEDS, GRASS, AND UNCULTIVATED
VEGETATION BY ADDING A DEFENSE FOR THE GROWING OF HAY UNDER
CERTAIN CONDITIONS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS; 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.
33. The Council considered adoption of an ordinance amending Article II of Chapter 28 of the
City of Denton City Council Minutes
December 8, 1998
Page 15
Code of Ordinances of the City of Denton, Texas ("Building Code") to provide for adoption of
the 1997 Uniform Building Code with certain amendments; providing for a severability clause;
providing a savings clause; providing for a penalty in the amount of $2000.00 for violations
thereof; and providing for an effective date.
Dave Hill, Director of Planning and Development, stated that this was the 1997 National Building
Code with amendments that was recommended by staff for approval.
The following ordinance was considered:
NO. 98-433
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") TO
PROVIDE FOR ADOPTION OF THE 1997 UNIFORM BUILDING CODE WITH
CERTAIN AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cochran 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.
34. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting
parking on Chestnut Street from its intersection with Welch Street to its intersection with Bernard
Street; providing a savings clause; providing a severability clause; providing a penalty not to
exceed two hundred dollars; and declaring an effective date.
The following ordinance was considered:
NO. 98-434
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING
ON CHESTNUT STREET FROM ITS INTERSECTION WITH WELCH STREET TO
ITS INTERSECTION WITH BERNARD STREET; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
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.
35. The Council considered adoption of an ordinance partially vacating a portion of a certain
alley easement recorded in the Deed Records of Denton County, Texas at Volume 318, page 4 as
it pertains to the west half of a 20-foot wide alley in Block 12 of the College View Addition to the
City of Denton City Council Minutes
December 8, 1998
Page 16
City of Denton; and providing for an effective date.
Council Member Durrance left the meeting with a potential conflict of interest.
The following ordinance was considered:
NO. 98-435
AN ORDINANCE PARTIALLY VACATING A PORTION OF A CERTAIN ALLEY
EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY,
TEXAS AT VOLUME 318, PAGE 4 AS IT PERTAINS TO THE WEST HALF OF A
20-FOOT WIDE ALLEY IN BLOCK 12 OF THE COLLEGE VIEW ADDITION TO
THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE.
Young
Burroughs "aye", Cochran "aye", Kristoferson "aye",
Motion carried unanimously.
Council Member Durrance returned to the meeting.
36. The Council considered nominations and appointments to the City's Boards and
Commissions.
There were no nominations/appointments made at this meeting.
37. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
38. New Business
There were no items of New Business suggested by Council.
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.
Following the completion of the Regular Meeting, the Council convened into a Work Session.
Mayor Miller left the meeting and Mayor Pro Tem Beasley presided.
Due to a time constraint Items #1 and #2 were not considered.
1. Report, discussion, and direction regarding a review of the City's Boards
Commissions.
motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Young "aye", and Mayor Miller "aye".
and
City of Denton City Council Minutes
December 8, 1998
Page 17
2. Report, discussion, and direction regarding economic development strategies, activities,
and policies.
3. The Council received an update and gave staff input regarding implementation of the new
residential solid waste route authorized in the FY 1999 budget.
Charlie Watkins, Director of Solid Waste, presented the item as indicated in the Council materials.
The new route would begin January 4th.
Consensus of Council was to proceed as outlined by staff in the agenda back-up materials.
4. The Council received a report, held a discussion, and gave staff direction regarding the
proposed annexation and zoning of 116.7 acres located on the north side of Hickory Creek Road,
northwest of McNair Elementary School.
Dave Hill, Director of Planning and Development, stated that the request was to review an
annexation schedule for a voluntary annexation petition. The purpose was to accomplish a
density of SF-10 for zoning purposes but because of the dedication involved, the lot sizes would
be less than 10,000 square foot lots. He asked Council to review the schedule for proceeding
with the annexation.
Consensus of the Council was to continue with schedule as presented.
5. The Council discussed and gave staff direction regarding the adoption of an ordinance
amending Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton by adopting
Article XI! "Residential Density Limitation'; providing for definitions; providing for the
application of the ordinance; providing a residential density limitation; providing exemptions, term
of ordinance and appeals; providing for a penalty in the maximum amount of $2,000.00 for the
violation thereof; providing a severability clause; providing a savings clause and providing for an
effective date.
City Attorney Prouty stated that this ordinance was developed at the request of several Council
Members for an overlay zoning ordinance that would overlay planned developments with SF-10
zoning. That concept was abandoned and a residential density limitation ordinance was developed
to accomplish the limiting of density. In order to not be discriminatory, Council would have to
apply this ordinance to all zoning less than SF-10 and to avoid problems in giving notice. An
overlay ordinance would have more notice requirements and individual property owners could
invoke the 20% rule. The primary requirement was to limit density to three single-family units per
gross acre or 21.6 multi-family units per gross acre. This covered all zoned property including
planned developments and multi-family unless, in the case of single family development, a plat had
been submitted before December 1st of 1998. It would also cover any planned development
application for approval of concept plans, development plans, or detailed plans or any application
for a zoning change. The ordinance was temporary and would be in effect until Council approved
the Denton Comprehensive Plan or one-year which ever was first. There was an appeal process in
the ordinance that was heard by Council. The appeal process was strict and had to indicate that
there was a vested property right that was being affected by the ordinance or if it denied the
City of Denton City Council Minutes
December 8, 1998
Page 18
property owner of all economically viable uses of the land. The property could still be developed
but not as densely as originally granted. Notice still needed to be done to property owners and
staff was recommending a joint meeting with the Planning and Zoning Commission to determine
that the same type of notice should be given as was done with the corridor overlay ordinance.
This ordinance would affect a lot of zoning including recent zoning such as the Preserve. The
Preserve would have to decrease density of the development to 3 units per acre for single family
zoning.
Council Member Young asked what this would do to single family housing development in
southeast Denton.
City Attorney Prouty stated that if the property currently had zoning that allowed more than 3
units per acre, the developer would be required to reduce the density to 3 units per acre. This
would have an effect on quite a number of areas already with zoning in place if they have not had
an application for final plat or multifamily development did not have a building permit.
Council Member Young felt that this ordinance discriminated against poor people.
was being sent that developers had to have SF-10 in order to live in Denton.
ordinance would stop people from developing houses in the City.
A message
He felt this
Council Member Burroughs asked how this would affect the Preserve.
Hill stated that if the Preserve did not have a final plat application submitted before December 1st,
it would be subject to the ordinance for any single-family development. Detailed plans typically
came in in sections. Each pod of the Preserve would have to be looked at to determine the
ultimate density. Currently it had some areas with 0 lot lines or 4,000 square foot lots. Some
park dedication or right-of-way dedication might be combined to get the 3 units per acre.
Council Member Cochran stated that he had been one of the council members who requested this
issue but the product did not resemble his request. There were some very old planned
developments in the City that he considered to be a serious problem when they were used as a
negotiating tool for a revised planned development.
City Attorney Prouty stated that an overlay of various planned developments as was requested
could not be done. Such an overlay had to be done with all planned developments and not just
with certain planned developments. There was a need to be consistent with everything that was
already zoned less than SF-10.
Council Member Cochran asked if there was a way to establish planned developments of a certain
age as a class that would not be discriminatory.
City Attorney Prouty stated that that approach might be to place a time limit on planned
developments. If such a planned development were not developed within a certain period of time,
the development rights would be lost and would have to be redone.
Council Member Kristoferson suggested using 14.5 units per acre and not 21.6 units per acre for
multifamily units per acre. This proposal would bring breathing room for development.
City of Denton City Council Minutes
December 8, 1998
Page 19
City Attorney Prouty stated that he could make changes to the ordinance as directed by Council
and Council would then have to hold a joint public hearing with the Planning and Zoning
Commission.
Mayor Pro Tem Beasley asked how the notification process would work.
Hill stated that staff would have to look for those developments that would be adversely affected
by this ordinance for the notification process. This would involve considerable work for
notification.
City Attorney Prouty stated that this would be more work for notification than the corridor
ordinance.
Council Member Burroughs asked about the impact on the Denton Plan if Council proceeded with
this proposal.
Hill replied that staff would have to help develop some rational basis for any restrictions that
might be applied. Consistency of treatment across the board and regulations relative to a public
objective was necessary.
Mayor Pro Tem Beasley expressed concerns regarding this ordinance. She had a problem with
approving all SF-10 lots. There was a place for smaller lots in Denton. The proposal was basing
the impact on DISD numbers with no back-up for those numbers. She suggested going case by
case rather than a blanketed ordinance for all zoning. She could not support this proposal at this
point in time. She suggested removing the proposal from further consideration and continuing
with the Comprehensive Plan.
Council Member Cochran stated that this proposal was further than he was prepared to go. It
was not what he envisioned with his original proposal. He would like to see if it was possible to
see a more focused intent on the problems.
City Attorney Prouty felt that the Council was divided on the issue with Council Members
Durrance and Kristoferson in favor of Option 1 that was to proceed with the proposed ordinance;
Mayor Pro Tem Beasley and Council Member Young in favor of Option 4 that was to drop the
proposal; and Council Members Cochran and Burroughs were looking for something in between
the other alternatives.
Council Member Cochran stated that the Council's primary goal should be to complete the
Comprehensive Plan. Since September, there had been selective incorporation of growth control
strategies. Such a proposal would take considerable staff time to develop and bring to Council
and that detracted from the Comprehensive Plan.
Consensus of Council was to proceed with the Comprehensive Plan and have staff conduct further
research for continued Work Session review, focusing on planned developments.
With no further business, the meeting was adjourned at 1:20 a.m.
City of Denton City Council Minutes
December 8, 1998
Page 20
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS