Minutes February 02, 1999CITY OF DENTON CITY COUNCIL MINUTES
February 2, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, February 2, 1999 at 5:15 p.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance,
Kristoferson and Young.
ABSENT: Mayor Miller
1. 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. Discussed and gave staff direction regarding the possible condemnation of
Missouri Pacific Railroad Right-of-Way to provide a street crossing for Nottingham
Drive.
Regular Meeting of the City Council on Tuesday, February 2, 1999 at 6:00 p.m. in the Council
Chambers of City Hall.
PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance,
Kristoferson and Young.
ABSENT: Mayor Miller
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 November 3, November 9, and
November 10, 1998.
Young motioned, Kristoferson seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young
“aye”. Motion carried unanimously.
PRESENTATIONS/AWARDS
3. Proclamations
Mayor Pro Tem Beasley presented a proclamation for American Heart Month.
City of Denton City Council Minutes
February 2, 1999
Page 2
4. February Yard-of-the-Month Awards
Mayor Pro Tem Beasley presented the following February Yard of the Month Awards:
Bob and Juliette Nichols
Gary and Meloney Watson
Calloway’s Nursery
5. Texas Recycles Awards
Jan Dixon, Chair-Education Committee for Keep Denton Beautiful, made presentations to the
winning schools and individuals.
CITIZEN REPORTS
6. The Council received a report from Dessie Goodson regarding perjury, responsibility,
and the truth.
Ms. Goodson stated that she wanted to postpone her report until the next council meeting.
NOISE EXCEPTIONS
7. The Council considered a request for an exception to the noise ordinance from the Krum
Rodeo Club of the North Texas High School Rodeo Association for their annual rodeo to be held
at the North Texas State Fairgrounds on Friday and Saturday, February 5th and 6th until 1:00
a.m. and on Sunday, February 7th from 2:00 p.m. to 6:00 p.m.
Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”, Motion
carried unanimously.
CONSENT AGENDA
Burroughs motioned, Kristoferson seconded to approve the Consent Agenda and accompanying
ordinances.On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, and Young “aye”. Motion carried unanimously.
8. NO. 99-025
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM
AND UNIVERSITY AT LOCUST; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2327 –
BORES, UNIVERSITY DRIVE AT ELM AND LOCUST IN THE AMOUNT OF
$77,605)
City of Denton City Council Minutes
February 2, 1999
Page 3
9. NO. 99-026
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF EMERGENCY MEDICAL
SERVICES (EMS) SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2311 – EMS
SUPPLIES AWARDED AS LISTED ON ORDINANCE EXHIBITS A, B, AND C,
ESTIMATED ANNUAL EXPENDITURE IS APPROXIMATELY $120,000)
10. NO. 99-027
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF PLAYGROUND STRUCTURES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID #2326 – PARK PLAYGROUND STRUCTURES,
MODLIN RECREATION EQUIPMENT, INC. IN THE AMOUNT OF $39,171)
11. NO. 99-028
AN ORDINANCE AMENDING ORDINANCE NO. 98-415 BY CORRECTING THE
DESCRIPTIVE CAPTION OF THE ORDINANCE AND SECTIONS I AND III TO
CHANGE THE REFERENCE TO ORDINANCE NO. 96-014 TO 94-183, AS
AMENDED, REGARDING SECURITY FOR 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.
PUBLIC HEARINGS
12. The Council held a public hearing and 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 revising Section 35-7 “Amendments” and Section 35-44 “Notice of public hearings”,
providing for new standards for public notification procedures used to advertise public hearings
required when the boundaries of zoning districts or the regulations established related to zoning
are amended, supplemented, or changed, or when zoning variances, appeals, or special
exceptions are made; requiring the use of certified mail to notify property owners located within
200 feet from a property where a zoning change, variance, appeal, or special exception is
requested; requiring the use of first class mail to notify property owners located within 500 feet
of a property where a zoning change, variance, appeal, or special exception is requested;
requiring the posting of signs advertising public hearing dates on properties where a zoning
change, variance, appeal, or special exception is requested; by adding Section 35-56 “Access to
Property/Remedy for Removal of Sign”; providing the removal of a sign posted per this
ordinance constitutes a violation of law; repealing Ordinance 79-62; providing a penalty in the
maximum amount of $2,000.00 for violations thereof; providing a severability clause; providing
a savings clause and providing for an effective date. (The Planning & Zoning Commission
recommended approval 7-0.)
Items 12 and 13 were considered together.
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February 2, 1999
Page 4
Dave Hill, Director of Planning and Development, stated that this would improve the public
hearing notification procedures. The Planning and Zoning Commission recommended approval
7-0. The only item changed was that individuals who received official notification from the City
might be considered intimidating. Staff had asked to put something on the outside of the
envelope to indicate that it was a notification of a public hearing.
The Mayor Pro Tem opened the public hearing.
Christine Rowel stated that she was pleased that the Council was taking these steps. The City
would be going beyond what was required by law and she was pleased to see that. She
questioned if something other than the tax rolls could be used for notification as often the tax
rolls were not current.
Brenda Phillips stated that she appreciated the Council’s efforts to correct this situation.
The Mayor Pro Tem closed the public hearing.
The following ordinances were considered:
NO. 99-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35
“ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY
REVISING SECTION 35-7 “AMENDMENTS” AND SECTION 35-44 “NOTICE OF
PUBLIC HEARINGS”, PROVIDING FOR NEW STANDARDS FOR PUBLIC
NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS
REQUIRED WHEN THE BOUNDARIES OF ZONING DISTRICTS OR THE
REGULATIONS ESTABLISHED RELATED TO ZONING ARE AMENDED,
SUPPLEMENTED, OR CHANGED, OR WHEN ZONING VARIANCES, APPEALS,
OR SPECIAL EXCEPTIONS ARE MADE; REQUIRING THE USE OF CERTIFIED
MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 200 FEET FROM A
PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL
EXCEPTION IS REQUESTED; REQUIRING THE USE OF FIRST CLASS MAIL TO
NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY
WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION
IS REQUESTED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC
HEARING DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCE,
APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; BY ADDING SECTION 35-
56 “ACCESS TO PROPERTY/REMEDY FOR REMOVAL OF SIGN”; PROVIDING
THE REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONSTITUTES A
VIOLATION OF LAW; REPEALING ORDINANCE 79-62; PROVIDING A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
City of Denton City Council Minutes
February 2, 1999
Page 5
NO. 99-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34
“SUBDIVISION AND LAND DEVELOPMENT REGULATIONS” OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, SECTION 34-36 “ANNEXATION
PROCEDURES”, PROVIDING FOR NEW STANDARDS FOR PUBLIC
NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS
REQUIRED WHEN THE BOUNDARIES OF THE CITY ARE CHANGED DUE TO
ANNEXATION; REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY
PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE
AN ANNEXATION PETITION IS CONSIDERED; REQUIRING THE POSTING OF
SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE AN
ANNEXATION IS CONSIDERED; PROVIDING THE REMOVAL OF A SIGN
POSTED PTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH R.W. BECK, INC., FOR CONSULTING SERVICES
PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE
DESIGN FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Kristoferson motioned, Cochran seconded to adopt the above ordinances. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”.
Motion carried unanimously.
13. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, amending Chapter 34 “Subdivision and Land Development Regulations” of the
Code of Ordinances of the City of Denton, Section 34-36 “Annexation Procedures”, providing
for new standards for public notification procedures used to advertise public hearings required
when the boundaries of the city are changed due to annexation; requiring the use of first class
mail to notify property owners located within 500 feet of a property where an annexation petition
is considered; requiring the posting of signs advertising public hearing dates on properties where
an annexation is considered; providing the removal of a sign posted per this option of an
ordinance constitutes a violation of law; 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. (The Planning and Zoning Commission recommended approval 7-0.)
The item was considered with Item #12.
ITEMS FOR INDIVIDUAL CONSIDERATION
14. The Council considered adoption of an ordinance granting a three-year exception to the
Noise Ordinance for the Denton Festival Foundation in connection with the operation of the
Denton Arts & Jazz Festival held in Civic Center Park on the last Friday, Saturday, and Sunday
in April.
This item was pulled from consideration.
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February 2, 1999
Page 6
15. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with R.W. Beck, Inc.,
for consulting services pertaining to the development of a new electric service rate design for
Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an
effective date.
The following ordinance was considered:
NO. 99-031
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
R.W. BECK, INC., FOR CONSULTING SERVICES PERTAINING TO THE
DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON
MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “nay”. Motion
carried with a 5-1 vote.
16. The Council considered adoption of an ordinance of the City of Denton, Texas amending
and adopting the schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of
Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or
issuance of plats, plans, licenses, certificates, variances or designations required by the
subdivision rules and regulations and zoning regulations of the Code of Ordinances; providing
for repeal of all ordinances in conflict herewith; providing a severability clause; providing a
savings clause; providing for publication; and providing an effective date.
The following ordinance was considered:
NO. 99-032
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING AND
ADOPTIONG THE SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND
CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON,
TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR
ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR
DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND
REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion
carried unanimously.
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February 2, 1999
Page 7
17. The Council considered adoption of an ordinance adopting an ordinance of the City of
Denton, Texas creating four disabled parking spaces, a disabled parking ramp area and six thirty
minute parking spaces on the east side of Railroad Avenue next to Denton City Hall East;
creating a bus loading zone on the south side of Hickory 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. 99-033
AN ORDINANCE ADOPTING AN ORDINANCE OF THE CITY OF DENTON,
TEXAS CREATING FOUR DISABLED PARKING SPACES, A DISABLED
PARKING RAMP AREA AND SIX THIRTY MINUTE PARKING SPACES ON THE
EAST SIDE OF RAILROAD AVENUE NEXT TO DENTON CITY HALL EAST;
CREATING A BUS LOADING ZONE ON THE SOUTH SIDE OF HICKORY
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, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion
carried unanimously.
18. The Council considered adoption of an ordinance of the City of Denton, Texas,
prohibiting parking on the north side of Sun Valley Drive from the east curb of Stuart Road to
the east curb of Yellowstone Place; 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. 99-034
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING
ON THE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF
STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS AND DECLARING AN
EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion
carried unanimously.
19. The Council considered approval of a resolution approving the expenditure of previously
budgeted and disbursed Hotel Tax Funds by the Denton Chamber of Commerce Convention and
Visitors Bureau.
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February 2, 1999
Page 8
The following resolution was considered:
NO. R99-006
A RESOLUTION APPROVING THE EXPENDITURE OF PREVIOUSLY
BUDGETED AND DISBURSED HOTEL TAX FUNDS BY THE DENTON
CHAMBER OF COMMERCE CONVENTION AND VISITORS BUREAU
Durrance motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion
carried unanimously.
20. The Council considered adoption of an ordinance directing the issuance and publication
of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective
date.
The following ordinance was considered:
NO. 99-035
AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE
OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Kristoferson seconded to adopt the ordinance.On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion
carried unanimously.
21, The Council considered adoption of an ordinance directing the publication of Notice of
Intention to issue Certificates of Obligation of the City of Denton; and providing for an effective
date.
The following ordinance was considered:
NO. 99-036
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND
PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion
carried unanimously.
22. Miscellaneous Matters from the City Manager.
City Manager Jez did not have any items for Council.
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February 2, 1999
Page 9
23. New Business
There were no items of New Business suggested by Council Members for futures agendas.
24. The Council returned to a Closed Meeting under Sections 551.071-551.085 of the Texas
Open Meetings Act.
With no further business, the meeting was adjourned.
________________________________
RONI BEASLEY, MAYOR PRO TEM
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS