Minutes March 23, 1999CITY OF DENTON CITY COUNCIL MINUTES
March 23, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Special Called meeting on Tuesday, March 23, 1999 at 11:00 a.m. in the
City Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Kristoferson
and Young.
ABSENT: Council Member Burroughs and Durrance
1. The Council received and opened bids regarding City of Denton General Obligation
Bonds, Series 1999.
Diana Ortiz, Director of Fiscal Operations, stated that David Medanich, First Southwest
Company, would open the bids, announce the low bidder, review and make sure the bid was
correct.
David Medanich, First Southwest Company, presented the following bids:
Dean Witter Reynolds – 4.75159
Legg Mason Wood Walker – 4.7653
Chase Bank – 4.7324
First Southwest – 4.76443
Morgan Keegan – 4.7394
Medanich stated that Chase Bank had the lowest bid and recommended Council accept that bid.
2. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton General Obligation Bonds, Series 1999, levying the tax to pay same,
and approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
The following ordinance was considered:
NO. 99-099
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1999, LEVYING
THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING
AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
3. The Council received and opened bids regarding City of Denton Certificates of
Obligation, Series 1999.
David Medanich, First Southwest Company, presented the following bids:
City of Denton City Council Minutes
March 23, 1999
Page 2
Legg Mason Wood Walker – 4.7305
First Southwest – 4.7242
J.C. Bradford – 4.7288
Dean Witter Reynolds – 4.7142
Medanich stated that Dean Witter Reynolds was the lowest bidder and recommended that
Council accept that bid.
4. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Certificates of Obligation, Series 1999, and approving and
authorizing instruments and procedures relating thereto; and providing an effective date.
The following ordinance was considered:
No. 99-100
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1999, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
With no further business, the Special Called meeting was adjourned at 11:15 a.m.
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, March 23, 1999 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. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.075.
Discussed and consulted with the City’s attorney, including outside legal counsel,
litigation styled City of Denton v. Denton County Fresh Water Supply District No.
1A and Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-
nd
362, filed in the 362 District Court of Denton County, Texas, including strategy
and possible settlement negotiations.
B. 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.
City of Denton City Council Minutes
March 23, 1999
Page 3
Regular Meeting of the City of Denton City Council on Tuesday, March 23, 1999 at 6:00 p.m. in
the Council Chambers at 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 considered approval of the minutes of November 17, 1998.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
CITIZEN REPORTS
3. The Council received a report from Willie Hudspeth regarding drainage at 623 Newton
Street.
Mr. Hudspeth stated that he still had a concern regarding the easement proposal behind his home.
Ordinances in his part of the city were not enforced such as the high weed and grass ordinances.
He was proposing that the drainage ditch be moved so as to not destroy his trees in the area. The
drainage pipe would not be uncovered with such a plan. Five very old trees would be destroyed
with the proposed drainage improvements.
4. The Council received a report from Carolyn Phillips regarding a growing concern about
the southeast Denton minority population as it related to the Denton Plan of growth.
Ms. Phillips stated that she would read from her report in order to save time. She felt that there
was a plan to move the citizens of southeast Denton out of the area. She had prepared remarks
for the Council that were included with the agenda materials.
5. The Council was to receive a report from Dessie Goodson regarding “making a
difference and partying”.
Ms. Goodson was not present at the meeting.
NOISE EXCEPTIONS
6. The Council considered a request for an exception to the noise ordinance for the Denton
Unit of the American Cancer Association for the annual Relay for Life to be held Saturday, April
17, 1999, at Fouts Field from 12:00 noon to 12:00 midnight.
City of Denton City Council Minutes
March 23, 1999
Page 4
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.
CONSENT AGENDA
Council Member Cochran asked that Items #7 and #10 be pulled for separate consideration.
Burroughs motioned, Kristoferson seconded to approve the Consent Agenda and the
accompanying ordinances and resolutions with the exception of Items #7 and #10. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
8. NO. R99-009
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING
FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM
FOR JUVENILES; PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED
FUNDS TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE
GOVERNOR, STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE.
9. NO. 99-085
AN ORDINANCE ABANDONING AN ELECTRIC TRANSMISSION
/DISTRIBUTION LINE EASEMENT SITUATED ON THE NORTH SIDE OF SOUTH
INTERSTATE HIGHWAY 35-E, APPROXIMATELY 700 FEET NORTHWEST OF
SOUTHERN HILLS BLVD., RECORDED IN VOLUME 325, PAGE 616 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
PUBLIC HEARINGS
11. The Council held a public hearing and considered a Specific Use Permit for off-street
remote parking. The 0.2927 acre property was currently zoned Two-Family (2-F) and was
located on the southeast corner of Carroll Boulevard and Congress Street. It was legally
described as Lot 7, Block 1, of the Barbs Addition in the Robert Beaumont Survey (Abstract 31).
The Planning and Zoning Commission recommended approval 6-0. (Z-99-003)
Mark Donaldson, Assistant Director for Planning and Development, stated that this item would
allow for remote off street parking at Congress and Carroll. The applicant was the Denton
Chamber of Commerce. The Planning and Zoning Commission recommended approval with
three conditions as noted in the agenda materials. The property was within the central business
district and was not required to provide any landscaping.
The Mayor opened the public hearing.
City of Denton City Council Minutes
March 23, 1999
Page 5
Joe Bridges stated that presently people were using the church parking lot across the street when
attending Chamber functions. He felt that was a larger safety problem than the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-087
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW FOR OFF-STREET REMOTE PARKING ON A 0.2927
ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF
CARROLL BOULEVARD AND CONGRESS STREET, WITHIN A TWO-FAMILY
(2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley 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.
Council considered Items #18 and #19.
18. The Council considered adoption of an ordinance declaring a public necessity existed and
finding that public welfare and convenience required the taking and acquiring of a drainage
easement in two parcels of land comprising 0.209 acres and 0.910 acres, respectively, located in
the H. Sisco Survey, Abstract No. A-1184, owned by Jasper Kuykendall, Sr.; authorizing the
City Manager or his designate to make an offer to purchase the property for its fair market value
and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings
in condemnation in order to acquire the property necessary for the public purpose of constructing
drainage improvements for the PEC-4 Tributary of Pecan Creek; and declaring an effective date.
19. The Council considered adoption of an ordinance declaring a public necessity existed and
finding that public welfare and convenience required the taking and acquiring of a drainage
easement in a parcel of land comprising 0.366 acres located in the H. Sisco Survey, Abstract No.
A-1184, owned by Jasper Kuykendall, Jr.; authorizing the City Manager or his designate to make
an offer to purchase the property for its fair market value and if such offer is refused, authorizing
the City Attorney to institute the necessary proceedings in condemnation in order to acquire the
property necessary for the public purpose of constructing drainage improvements for the PEC-4
Tributary of Pecan Creek; and declaring an effective date.
Rick Svehla, Deputy City Manager, stated that this was part of the drainage project Council had
discussed earlier. The City had been dealing with the landowners off and on since fall of 1998
with no settlement. Staff was asking Council to move towards eminent domain if no agreement
could be reached. All tracts were appraised and the appraisal amount compared fairly with the
Appraisal District’s evaluations.
City of Denton City Council Minutes
March 23, 1999
Page 6
Council Member Young asked what amount the City was offering for the land.
Svehla stated that the City was offering $.25 cents a foot, the owner was asking $.90 cents a foot
with the independent appraised value at $.19 cents a foot.
Mayor Pro Tem Beasley asked what would be the next step in the process.
Svehla stated that staff would try again to get a settlement and if not successful would work with
the City Attorney’s office to begin the condemnation procedure. Typically a Court would
appoint three commissioners. Each side presented information to the Commissioners and they
then decided what the fair offer should be. That decision could be appealed if desired.
Marcella Franklin stated that she was asking for the City to be fair with this proposal. Her father
had put many hours and dollars into the property. The property was not in the flood plain and
was worth more than 25 cents a foot. His property had not been surveyed like the rest of the area
had been.
Council Member Young asked that the City work with the owner for a better compromise price
for the property. Appraised value of property in southeast Denton was always low. This land
was worth more than what it was appraised plus the time and money the owner had put in the
property. He felt that 25 cents a foot was not enough.
Council Member Burroughs asked if an appraisal had been done on the property.
Kuykendall stated that the property was measured but was not surveyed.
Mayor Pro Tem Beasley stated that the City was trying to remedy the drainage problems in the
area, as there was a great need to improve the drainage in the area. Some land needed to be
taken in order to do these projects.
The following ordinances were considered:
NO. 99-092
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A DRAINAGE EASEMENT IN TWO PARCELS OF LAND
COMPRISING 0.209 ACRES AND 0.910 ACRES, RESPECTIVELY, LOCATED IN
THE H. SISCO SURVEY, ABSTRACT NO. A-1184, OWNED BY JASPER
KUYKENDALL, SR.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE
TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET
VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS FOR
THE PEC-4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
March 23, 1999
Page 7
NO. 99-093
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A DRAINAGE EASEMENT IN A PARCEL OF LAND
COMPRISING 0.366 ACRES LOCATED IN THE H. SISCO SURVEY, ABSTRACT
NO. A-1184, OWNED BY JASPER KUYKENDALL, JR.; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNATE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE
IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK; AND
DECLARING AN EFFECTIVE DATE.
Beasley motioned, Durrance seconded to adopt both condemnation ordinances.
Council Member Young suggested postponing the items in order to give parties time to come to
an agreement.
Mayor Miller stated that part of the process was to negotiate before going to court.
Council Member Cochran stated that the initial offer was made last October and that there had
been only one appraisal on this property.
Svehla replied correct.
Council Member Cochran asked if there had been a counter offer made.
Svehla stated that staff had been advised that 25 cents per foot was a fair offer. The appraisal
offered fair market value and could not increase unless by Council.
Council Member Cochran asked about the two prices and what had been offered.
Svehla stated that there was approximately one and a half acres of ground with both ordinances.
The 64,000 feet at 25 cents was $16,000 and the offer was between $16,000 and $22,000.
Mayor Miller suggested that before starting the condemnation procedure that the property have
another appraiser for a second figure.
On roll vote for approval of both ordinances, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a
6-1 vote.
12. The Council held a public hearing regarding the proposed annexation of a 52.49 acre tract
located on the south side of Ryan Road, 150 feet east of Forestridge Drive.
City of Denton City Council Minutes
March 23, 1999
Page 8
Mark Donaldson, Assistant Director for Planning and Development, stated that the process had
to be split again due to an error on the Planning Department’s part. The request was to annex
52.5 acres south of Ryan Road. There was also a request for concurrent zoning with SF-16
adjacent to Ryan Road and SF-10 on the southern portion of the property. A preliminary plan
had already been approved with 129 single family lots resulting in less than 2.5 units per acre.
This was the first of two scheduled public hearings.
The Mayor opened the public hearing.
Charles Stafford indicated that the subdivision would be a compliment and enhancement to the
Forrestidege subdivision. It would make a good buffer into the Ryan Tract.
No one spoke in opposition.
The Mayor closed the public hearing.
13. The Council held a public hearing and considered amending a detailed plan for 5.491
acres located in Planned Development 12 (PD 12) zoning district. The property was located on
the south side of I-35 East, north of Shady Shores Road, commonly known as 4984 South I-35E
or the Denton Lincoln-Mercury Dealership. The proposal was to increase the number of signs
along the I-35 East frontage road from one to three. The Planning and Zoning Commission
recommended approval 6-0 with conditions. (Z-99-007)
Mark Donaldson, Assistant Director of Planning and Development, stated that the proposal was
to increase the number of signs along the I-35 East frontage road from one to three. Staff had
approved a minor amendment to relocate that sign out of the median along the frontage road and
the application was for pole signs varying in size from 16’ to 40’ and sign areas from 50 to 144
square feet. Essentially this was a variance request but as it was in a detailed plan it had to be
treated in that mode. The sign ordinance indicated one sign along the frontage road, the
approved detailed plan indicated one sign and the Planning and Zoning Commission
recommended approval with the condition that only three signs be allowed with a height and area
as shown on the exhibits.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Charles Hamilton
Ed Smith
Nancee Ustich
Vicki McCombs
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
March 23, 1999
Page 9
NO. 99-088
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 82-08 TO PROVIDE FOR A DETAILED PLAN FOR 5.407 ACRES LOCATED
WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT; THE
SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF I-35E, NORTH
OF SHADY SHORES ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Miller seconded to adopt the ordinance as per the Planning and Zoning
Commission.
Council Member Burroughs stated that three signs were too much and suggested a friendly
amendment to have two signs, one of which would be clustered.
Council Member Young would not agree to the friendly amendment.
On roll vote for approval, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “nay”,
Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 2-5 vote.
Burroughs motioned, Miller seconded to allow one forty-foot sign with two twenty foot signs to
be clustered in one location, the site to be determined in conjunction with staff. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young
“aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote.
ANNEXATION AND ZONING
14. The Council considered formal action on two ordinances regarding property known as the
"Ryan Tract":
14a. The Council considered adopting an ordinance annexing a 114.76 acre tract
located on the north side of Hickory Creek Road, northwest of McNair
Elementary School. Second Reading, A-78.
Mark Donaldson, Assistant Director for Planning, stated that this development had a
combination of SF-10 and SF-7 housing developments. It would be required to meet the
landscape ordinance and would preserve as many trees as possible during development.
City Attorney Prouty stated that the ordinance in 14a would require six affirmative votes and the
ordinance in 14b, a simple majority vote.
The following ordinance was considered:
NO. 99-089
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 114.76 ACRES, LOCATED ON THE NORTH SIDE OF HICKORY
City of Denton City Council Minutes
March 23, 1999
Page 10
CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Burroughs 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.
14b. The Council considered adopting an ordinance for a 114.76 acre tract located on
the north side of Hickory Creek Road, northwest of McNair Elementary School,
establishing Planned Development (PD-169) zoning district classification and use
designation through the approval of a detailed plan; and provide an effective date.
(Z-98-056)
Mark Donaldson, Assistant Director for Planning and Development, stated that there was an
error in one of the charts. There would not be 299 lots but rather 303 lots for a net density of 3.4
units per acre.
The following ordinance was considered:
NO. 99-090
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
APPROVAL OF A DETAILED PLAN FOR 105.12 ACRES AND ESTABLISHING
PLANNED DEVELOPMENT 169 (PD-169), THE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF
MCNAIR ELEMENTARY SCHOOL; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Cochran seconded to adopt the ordinance with an amendment to reflect the
proper number of lots. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
VARIANCES
15. The Council considered an exaction variance from Section 34-114(17) of the Code of
Ordinances concerning sidewalks for the Mill Street Addition. The applicant proposed no
sidewalk along the frontage of the property. The 0.51 acre property was located on the southeast
corner of East Mill Street and Industrial Street. The Planning and Zoning Commission
recommended denial 6-0. (V-99-002, Mill Street Addition)
This item was withdrawn from consideration.
16. The Council considered a variance from Section 34-114(17) of the Code of Ordinances
concerning sidewalks on Hobson Lane and Country Club Road and Section 34-114 of the Code
of Ordinances concerning perimeter paving for Hobson Lane, and Section 34-114(11b) of the
Code of Ordinances concerning cul-de-sac length for the proposed plat of Regency Oaks
City of Denton City Council Minutes
March 23, 1999
Page 11
Addition located on the east side of Country Club Road (F.M. 1830) and the south side of
Hobson Lane. (V-98-017, Regency Oaks Addition)
Durrance motioned, Young seconded to approve full variances. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
The Council returned to the Consent Agenda items pulled for separate consideration.
7. Council Member Cochran stated that he would not be voting in favor of this ordinance
and wanted a separate vote on it. He was concerned about developing a 35 foot “gash” through
the community with this drainage project. He questioned if the surrounding landowners had
been notified of the project.
Rick Svehla, Deputy City Manager, stated that ultimately the Council would have to make
choices on how to move water in that area. The City was buying three houses as they were in the
flood way and would move them or take them down. The landowners had not yet bee notified as
the City had to compete for the grant and would send out notifications when and if the City
received the grant.
The following ordinance was considered:
NO. 99-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, ON BEHALF OF THE CITY OF
DENTON ENGINEERING AND TRANSPORTATION DEPARTMENT AS
GRANTEE, WITH THE TEXAS WATER DEVELOPMENT BOARD, AS GRANTOR
FOR THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION’S
(FEMA) FLOOD MITIGATION ASSISTANCE PROGRAM (FMA) RELATING TO
ELIMINATION OF FLOOD HAZARDS WITHIN THE REGULATORY FLOODWAY
OF TRIBUTARY PEC-4, A TRIBUTARY OF PECAN CREEK; AND DECLARING
AN EFFECTIVE DATE.
Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
Consent Agenda Item #10
City Attorney Prouty stated that Proposition #11 had been divided into three propositions to be
considered individually in the Charter election. Staff was proposing the alternate ordinance
added to the agenda back-up materials.
The following ordinance was considered:
City of Denton City Council Minutes
March 23, 1999
Page 12
NO. 99-086
AN ORDINANCE AMENDING ORDINANCE NO. 99-057 ORDERING AN
ELECTION TO BE HELD ON MAY 1, 1999, FOR THE PURPOSES OF
SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER; BY AMENDING
AMENDMENT NO. 2 TO ADD SOME ADDITIONAL STATUTORY REFERENCES
AND TO AMEND PROPOSITION NO. 2 TO CORRECT STATUTORY
REFERENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to keep the Public Utilities Board in the City Charter with
two amendments regarding membership numbers and meeting conditions and separate out the
other two boards from the proposition. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
with a 6-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
17. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the Mayor to execute a fourth amendment to the existing agreement between the City
of Denton and Texas Utilities Electric Company extending the term therefor for an additional six
month period; finding and determining that the two meetings at which this ordinance is passed
are open to the public as required by law; providing for an effective date; and providing for
acceptance of the agreement by Texas Utilities Electric Company and publication of notice of the
passage of this ordinance.
The following ordinance was considered:
NO. 99-091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES
ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN
ADDITIONAL SIX MONTH PERIOD; FINDING AND DETERMINING THAT THE
TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE
PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES
ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF
THIS ORDINANCE.
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.
City of Denton City Council Minutes
March 23, 1999
Page 13
20. The Council considered approval of a resolution nominating members to the Appraisal
Review Board of the Denton Central Appraisal District and declaring an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that several weeks ago, Council made a
nomination to the District but the nominee had since declined. She asked if Council had any
other nominations to make.
Council decided to not make any nominations at this point in time.
21. The Council considered adoption of an ordinance amending Ordinance Nos. 88-189 and
95-191 and Chapter 8 of the Code of Ordinances, which respectively granted a franchise to
Sammons Communications, Inc. and authorized the transfer of that franchise to Marcus Cable
Associates, L.P., granting consent to the assignment and transfer of control of a cable television
system and franchise from Marcus Cable Associates L.L.C. to Paul G. Allen; and approving an
acceptance agreement and an agreement in accordance with the terms and conditions of this
ordinance; providing for a savings clause; providing for publication; providing for the effect of
this ordinance upon other ordinances and resolutions; and providing an effective date. (Second
Reading)
The following ordinance was considered:
NO. 99-094
AN ORDINANCE AMENDING ORDINANCE NOS. 88-189 AND 95-191 AND
CHAPTER 8 OF THE CODE OF ORDINANCES, WHICH RESPECTIVELY
GRANTED A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. AND
AUTHORIZED THE TRANSFER OF THAT FRANCHISE TO MARCUS CABLE
ASSOCIATES, L.P., GRANTING CONSENT TO THE ASSIGNMENT AND
TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND
FRANCHISE FROM MARCUS CABLE ASSOCIATES L.L.C. TO PAUL G. ALLEN;
AND APPROVING AN ACCEPTANCE AGREEMENT AND AN AGREEMENT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER
ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE
Young 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.
22. The Council considered adoption of an ordinance amending Ordinance Nos. 87-112, 93-
140, and 97-299 and Section 3-2 of the Code of Ordinances of the City of Denton creating an
Airport Advisory Board to provide that the Board shall serve in an advisory capacity on policy
matters concerning or pertaining to the Denton Municipal Airport; providing a severability
clause; and providing an effective date.
City of Denton City Council Minutes
March 23, 1999
Page 14
Cochran motioned, Durrance seconded to deny adoption of the ordinance. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “nay”. Motion carried with a 6-1 vote.
23. The Council considered adoption of an ordinance of the City of Denton, Texas dissolving
the Cable Television Advisory Board and repealing Section 8-130(b) of the Code of Ordinances
and repealing Ordinance No. 96-168 and portions of Ordinance No. 88-182 relating to the Cable
Television Advisory Board and any other ordinance in conflict with this ordinance; conveying
the appreciation of the Council to all current and former members of the Cable Television
Advisory Board; providing a savings clause; and prescribing an immediate effective date.
The following ordinance was considered:
NO. 99-095
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE CABLE
TELEVISION ADVISORY BOARD AND REPEALING SECTION 8-130(B) OF THE
CODE OF ORDINANCES AND REPEALING ORDINANCE NO. 96-168 AND
PORTIONS OF ORDINANCE NO. 88-182 RELATING TO THE CABLE
TELEVISION ADVISORY BOARD AND ANY OTHER ORDINANCE IN CONFLICT
WITH THIS ORDINANCE; CONVEYING THE APPRECIATION OF THE COUNCIL
TO ALL CURRENT AND FORMER MEMBERS OF THE CABLE TELEVISION
ADVISORY BOARD; PROVIDING A SAVINGS CLAUSE; AND PRESCRIBING AN
IMMEDIATE EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
24. The Council considered adoption of an ordinance of the City of Denton, Texas dissolving
the Denton Downtown Development Advisory Board and repealing Ordinances 91-021, 91-071,
95-259 and any other ordinance of the City of Denton, Texas, to the extent of any conflict;
conveying the appreciation of the Council to all current and former members of the Denton
Downtown Development Advisory Board; and prescribing an immediate effective date.
The following ordinance was considered:
NO. 99-096
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE
DENTON DOWNTOWN DEVELOPMENT ADVISORY BOARD AND REPEALING
ORDINANCES 91-021, 91-071, 95-259 AND ANY OTHER ORDINANCE OF THE
CITY OF DENTON, TEXAS, TO THE EXTENT OF ANY CONFLICT; CONVEYING
THE APPRECIATION OF THE COUNCIL TO ALL CURRENT AND FORMER
MEMBERS OF THE DENTON DOWNTOWN DEVELOPMENT ADVISORY
BOARD; AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE.
City of Denton City Council Minutes
March 23, 1999
Page 15
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.
25. The Council considered adoption of an ordinance amending Chapter 33 “Signs and
Advertising Devices” Code of Ordinances, City of Denton, Texas by repealing Article I, Section
33-6 to abolish Sign Board of Appeals; amending Chapter 33 “Signs and Advertising Devices”
by adding new Section 33.6 providing for the appeals, variances and specials exceptions
regarding Chapter 33 be heard by the Zoning Board of Adjustment; amending Chapter 33 “Signs
and Advertising Devices” Code of Ordinances, City of Denton, Texas by amending Sections 33-
49, 33-122, and 33-125 by replacing Sign Board of Appeals with Board of Adjustment;
providing a severability clause; providing a savings clause; providing a penalty clause; and
providing for an effective date.
The following ordinance was considered:
NO. 99-097
AN ORDINANCE AMENDING CHAPTER 33 “SIGNS AND ADVERTISING
DEVICES” CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING
ARTICLE I, SECTION 33-6 TO ABOLISH SIGN BOARD OF APPEALS;
AMENDING CHAPTER 33 “SIGNS AND ADVERTISING DEVICES” BY ADDING
NEW SECTION 33.6 PROVIDING FOR THE APPEALS, VARIANCES AND
SPECIALS EXCEPTIONS REGARDING CHAPTER 33 BE HEARD BY THE
ZONING BOARD OF ADJUSTMENT; AMENDING CHAPTER 33 “SIGNS AND
ADVERTISING DEVICES” CODE OF ORDINANCES, CITY OF DENTON, TEXAS
BY AMENDING SECTIONS 33-49, 33-122, AND 33-125 BY REPLACING SIGN
BOARD OF APPEALS WITH BOARD OF ADJUSTMENT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Durrance 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.
26. The Council considered adoption of an ordinance amending Chapter 28 “Buildings and
Building Regulations” Code of Ordinances, City of Denton, Texas by repealing Article II,
Division 2 “Building Code Board”, Sections 28-41-28-42; repealing Article III, Division 3
“Electrical Code Board”, Sections 28-96-28-98; repealing Article IV, Division 3 “Plumbing and
Mechanical Board”, Sections 28-186-28-190; repealing Article V, Division 2 “Plumbing and
Mechanical Code Board”, Sections 28-271-274; amending Chapter 28 “Buildings and Building
Regulations” by adding Article 10, providing for the creation of a “Construction Advisory and
Appeals Board” to replace the Building Code Board, Electrical Code Board, and Plumbing and
Mechanical Code Board; amending Chapter 28 ”Building and Building Regulations” Code of
Ordinances, City of Denton, Texas by amending Sections 28-172, 28-231(f), 28-382, 28-386, 28-
426, 28-429, 28-430, 28-431(a), 28-432(g). 28-434(a), 28-434(b)(3), and 28-437 by substituting
Construction Advisory and Appeals Board for Plumbing and Mechanical Code Board and
Building Code Board; amending Chapter 29 “Fire Code” Code of Ordinances, City of Denton,
City of Denton City Council Minutes
March 23, 1999
Page 16
Texas by amending Section 29.2(A)(2) by substituting Construction Advisory and Appeals
Board for Building Code Board; providing a severability clause; providing a savings clause;
providing a penalty clause; and providing for an effective date.
The following ordinance was considered:
NO. 99-098
AN ORDINANCE AMENDING CHAPTER 28 “BUILDINGS AND BUILDING
REGULATIONS” CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY
REPEALING ARTICLE II, DIVISION 2 “BUILDING CODE BOARD”, SECTIONS
28-41-28-42; REPEALING ARTICLE III, DIVISION 3 “ELECTRICAL CODE
BOARD”, SECTIONS 28-96-28-98; REPEALING ARTICLE IV, DIVISION 3
“PLUMBING AND MECHANICAL BOARD”, SECTIONS 28-186-28-190;
REPEALING ARTICLE V, DIVISION 2 “PLUMBING AND MECHANICAL CODE
BOARD”, SECTIONS 28-271-274; AMENDING CHAPTER 28 “BUILDINGS AND
BUILDING REGULATIONS” BY ADDING ARTICLE 10, PROVIDING FOR THE
CREATION OF A “CONSTRUCTION ADVISORY AND APPEALS BOARD” TO
REPLACE THE BUILDING CODE BOARD, ELECTRICAL CODE BOARD, AND
PLUMBING AND MECHANICAL CODE BOARD; AMENDING CHAPTER 28
”BUILDING AND BUILDING REGULATIONS” CODE OF ORDINANCES, CITY
OF DENTON, TEXAS BY AMENDING SECTIONS 28-172, 28-231(F), 28-382, 28-
386, 28-426, 28-429, 28-430, 28-431(A), 28-432(G). 28-434(A), 28-434(B)(3), AND 28-
437 BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD
FOR PLUMBING AND MECHANICAL CODE BOARD AND BUILDING CODE
BOARD; AMENDING CHAPTER 29 “FIRE CODE” CODE OF ORDINANCES, CITY
OF DENTON, TEXAS BY AMENDING SECTION 29.2(A)(2) BY SUBSTITUTING
CONSTRUCTION ADVISORY AND APPEALS BOARD FOR BUILDING CODE
BOARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Durrance motioned, Kristoferson 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 considered adoption of an ordinance declaring a public necessity exists and
finding that public welfare and convenience requires the taking of and acquiring of a street right-
of-way easement in 0.165 acres and a temporary construction and grading easement in 0.412
acres of land located in the Francis Batson Survey, Abstract No. 43, owned by Norma and D.
Gene Gamble; authorizing the City Manager or his designee to make an offer to purchase the
property for its fair market value and if such offer is refused, authorizing the City Attorney to
institute the necessary proceedings in condemnation in order to acquire the property necessary
for the public purpose of construction street improvements for Westward Drive; and declaring an
effective date.
This item was pulled from consideration.
City of Denton City Council Minutes
March 23, 1999
Page 17
28. The Council considered adoption of an ordinance authorizing the City Manager to
execute an agreement on behalf of the City of Denton with R. H. of Texas, LTD. Partnership;
providing for the payment of the cost of condemnation to construct street improvements for
Westward Drive.
This item was pulled from consideration.
29. The Council considered nominations/appointments to the City’s Boards and
Commissions.
There were no nominations/appointments made at this meeting.
30. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
31. New Business
The following items were suggested by Council Members for future agendas:
A. Council Member Young requested letters be sent to individuals along Robertson,
Skinner, Prairie, Bradshaw, Lackey and Wilson explaining why and how long the bridges would
be closed in the area.
B. Council Member Kristoferson requested resolutions in support of the school funding
related upcoming legislation.
C. Council Member Cochran requested a report regarding the possible creation of bike
lanes on Welch and Hickory.
33. Following the completion of the Work Session the Council continued the prior Closed
Meeting under Sections 551-071–551.085 of the Texas Open Meetings Act.
34. 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 Session, the Council convened into a Work Session.
1. The Council received information and gave staff direction concerning the hours of
operation for the 1999 Fry Street Fair.
City Manager Jez stated that in January 1995 Council adopted Ordinance No. 95-016 that
delegated street closures to the City Manager. There were two options for Council to consider at
this meeting. One was to allow the Fair to close at 9:00 p.m. and the second was to allow the
City Manager to exercise the authority given him by the ordinance. If Council chose the second
option, he would enforce the 8:00 p.m. closing time based on the recommendations of the Police
Department.
City of Denton City Council Minutes
March 23, 1999
Page 18
Young motioned, Cochran seconded to allow a 9:00 p.m. closing time.
Council Member Cochran stated that all the businesses in the area were in favor of the 9:00 p.m.
closing as they depended on that time for their profits. Many provisions had been made in the
Fair for a better proposal.
Mayor Pro Tem Beasley expressed a concern that the event had grown too large for the area. It
took a long time to disperse those individuals attending the Fair. She favored Option 2 with an
8:00 p.m. closing time.
On roll vote for a 9:00 closing time, Beasley “nay”, Burroughs “nay”, Cochran “aye”, Durrance
“aye”, Kristoferson “nay”, Young “aye”, and Mayor Miller “nay”. Motion failed with a 3-4 vote.
The 8:00 p.m. closing would stand.
2. The Council received a report, held a discussion, and gave staff direction regarding an
Impact Fee Feasibility Study. The study addresses Transportation Impact Fees, Drainage Impact
Fees and Water/Wastewater Policy Options, and has been prepared by Duncan Associates of
Austin, Texas.
This item was not considered.
3. The Council received a report, held a discussion, and gave staff direction regarding
implementation of the proposed land conveyance program.
This item was not considered.
4. The Council received a report, held a discussion, and gave staff direction with regard to
the possible annexation of two tracts of land and a request from the City of Argyle to release land
from the City of Denton Extra-Territorial Jurisdiction (ETJ).
1. Trinity Meadows. Approximately 80.7 acres south of McKinney Street (FM 426)
near its intersection with Trinity Road. A manufactured housing development is
proposed.
Dave Hill, Director of Planning and Development, stated that this was a proposal for a mobile
home park. It appeared that the developers were trying to comply with the provisions of
Denton’s mobile home park regulations.
Consensus of the Council was to proceed with the annexation.
2. Mesquite Meadows. Approximately 100.2 acres north of Loop 288, between Stuart
and N. Locust Streets. Subdivision into two large lots is proposed. No specific
development proposal has been stated.
Hill indicated that the developers indicated they would probably be building a mobile home park
on this site.
City of Denton City Council Minutes
March 23, 1999
Page 19
Consensus of the Council was to continue with the proposed annexation schedule.
3. Release of ETJ. An area between Argyle and Bartonville, south of FM 407. The
cities of Argyle and Bartonville have agreed on a plan to annex tracts of land between
their cities, including a tract of land currently designated as City of Denton ETJ,
Division 2.
Consensus of the Council was to proceed with the proposal.
5. The Council received a report, held a discussion, and gave staff direction regarding the
economic development program.
This item was postponed.
With no further business, the meeting was adjourned at 1:00 a.m.
_______________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
__________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS