Minutes April 06, 1999 CITY OF DENTON CITY COUNCIL MINUTES
April 6, 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, April 6, 1999 at 11:00 a.m. in the
City Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members, Cochran, Durrance
and Young.
ABSENT: Council Members Burroughs and Kristoferson
1. The Council considered adoption of an ordinance authorizing the issuance, sale and
delivery of City of Denton General Obligation Refunding Bonds, Series 1999, levying the tax to
pay same, and approving and authorizing instruments and procedures relating thereto; and
providing an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that the Council would be considering the
results of the refunding issue.
David Medanich, First Southwest Corporation, stated that the bonds were sold to Chase
Securities and that the City would save $455,149 after all costs. The City’s ratings would remain
the same and this would be a continuation of the previous sale.
The following ordinance was considered:
NO. 99-102
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION REFUNDING 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, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
With no further business, the meeting was adjourned at 11:10 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, April 6, 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:
City of Denton City Council Minutes
April 6, 1999
Page 2
A. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
Considered an ordinance authorizing the Mayor to execute on behalf of the City a
consent order in settlement of litigation styled United States of America v.
Alabama Electric Cooperative, et al., Cause No. 98-2474-67V, pending in the
United States District Court of the District of Kansas, and further authorizing the
expenditure of $1,934 in compromise and settlement of the claims asserted
therein, and declaring an effective date.
B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
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.
C. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
Considered possible settlement and mediation authority in litigation styled Cassie
Dean Johnson, Administratrix of the Estate of Aaron McCoy v. City of Denton,
Cause No. PR-94-458-01 and Caddie Dean Johnson v City of Denton, Cause No.
94-459-01, pending in the Probate Court of Denton County, Texas.
D. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or
briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, April 6, 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. Yard of the Month Awards
Mayor Miller presented the following Yard of the Month awards:
Linda and Gary Matheson
Roy & Margie Appleton
Stacey & Mike Weldon
Janice Downs
Long John Silver – business
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April 6, 1999
Page 3
PROCLAMATIONS/PRESENTATIONS
3. Presentation of Proclamations
Mayor Miller presented proclamations for the following:
A. Fair Housing Month
B. National Community Development Week
C. Great American Clean-Up
4. Presentation of Awards
Mayor Miller received awards on behalf of the City of Denton for the following:
A. National League of Cities Diversity Award
B. Great American Main Street Award – Terry Colley
CITIZEN REPORTS
5. The Council received a citizen report from Jim Osborne regarding municipal services at the
Denton Municipal Airport.
Mr. Osborne was not present at the meeting.
6. The Council received a citizen report from Bill Morrow regarding Hangcorp (Temlison
Avionics)
Mr. Morrow made his statements during Item #31.
7. The Council received a citizen report from M. Hedayati representing the Bahai’s regarding
equality of women.
Dr. Hedayati stated that John Leonard would be making the presentation for her. Mr. Leonard
presented a formal statement for women’s equality to the Council. They urged the Council to
raise the awareness of citizens to the full equality of the sexes. They felt that both women and
men needed to promote this statement.
CONSENT AGENDA
Durrance motioned, Beasley seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
8. Tax refund to Dr. Roy Kindrick and Dr. John H. Reed.
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April 6, 1999
Page 4
9. NO. 99-103
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER #1 TO
THE CONTRACT FOR CONSTRUCTION OF THE KERLEY STREET WATERLINE
BETWEEN THE CITY OF DENTON AND BOWLES CONSTRUCTION COMPANY,
INC.; PROVIDING FOR A DECREASE IN THE SCOPE OF WORK AND A
DECREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE
DATE. (BID #2233 – KERLEY STREET WATERLINE AWARDED TO BOWLES
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $826,041.00 LESS
CHANGE ORDER #1 IN THE AMOUNT OF $54,241.25.)
10. NO. 99-104
AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND
AWARDING A CONTRACT FOR OUTDOOR EMERGENCY WARNING SIRENS
AND CONTROLLER SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP 2338 – OUTDOOR
EMERGENCY WARNING SIRENS AND CONTROLLER SYSTEM AWARDED TO
GIFFORD ELECTRIC, INC. - $180,041.25.)
11. NO. 99-105
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR SCANNING, INDEXING AND CD-ROM PRODUCTION
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID #2345 – SCANNING, INDEXING AND
CD-ROM PRODUCTION SERVICES AWARDED TO ILM CORPORATION–
APPROXIAMTELY $42,397.00)
12. NO. 99-106
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 LISTED CITIES
AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE
ORDERS 94092 TO CITY PUBLIC SERVICES OF SAN ANTONIO, 94094 TO
CENTRAL POWER & LIGHT CO., 94096 TO TEXAS UTILITIES, TRANSMISSION
DIVISION, AND 93595 TO HOUSTON LIGHTING & POWER IN THE TOTAL
AMOUNT OF $1,268,822.25.)
13. NO. 99-107
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF REFUSE TRUCKS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2321 – REFUSE TRUCKS AWARDED AS LISTED-$434,178.97.)
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April 6, 1999
Page 5
14. NO. 99-108
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A HARDWARE AND SOFTWARE UPGRADE FOR Y2K
COMPLIANCE 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. (PURCHASE ORDER 92698 – PROCESS ANALYSTS, INC.,
CIRRUS SOFTWARE AGREEMENT, IN THE AMOUNT OF $46,300.00.)
15. NO. 99-109
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (FILE 2353 – PURCHASE ORDER 93588,
TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - PHYSICALLY
CHALLENGED SERVICES, INC. FOR PARKS, MEDIANS, RIGHT-OF-WAYS AND
BUILDING GROUNDS MAINTENANCE, $28,690.00.)
16. NO. 99-110
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (FILE 2353 – PURCHASE ORDER 93590,
TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED – PHYSICALLY
CHALLENGED SERVICES, INC. FOR PARKS LITTER CLEANING, $27,580.00.)
17. NO. 99-111
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (FILE 2353 – PURCHASE ORDER 93589,
TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED – PHYSICALLY
CHALLENGED SERVICES, INC. FOR PARKS RESTROOM CLEANING,
$17,730.00.)
18. NO. 99-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT
SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS,
AS REQUIRED, TO OBTAIN FUNDING FOR THE 1999 SUMMER FOOD SERVICE
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April 6, 1999
Page 6
PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
19. NO. 99-113
AN ORDINANCE NAMING THE NEW PEDESTRIAN BRIDGE IN THE CIVIC
CENTER PARK WITHIN THE CITY OF DENTON AS THE FESTIVAL BRIDGE;
AND PROVIDING AN EFFECTIVE DATE.
20. NO. R99-014
A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT
ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO
CELEBRATION ON MAY 1, 1999, UPON THE CONDITIONS OF OBTAINING
BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL
LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY
LIABILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT
FOR THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
21. NO. 99-114
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
22. NO. 99-115
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
23. NO. 99-116
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING ENTRY OF AN ADMINISTRATIVE CONSENT ORDER IN
SETTLEMENT OF LITIGATION STYLED UNITED STATES OF AMERICA V.
ALABAMA ELECTRIC COOPERATIVE, ET AL., IN AN AMOUNT NOT EXCEEDING
$1,934; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY’S BEHALF
IN PAYING THE SETTLEMENT; AND DECLARING AN EFFECTIVE DATE.
PUBLIC HEARINGS
24. The Council held a public hearing and considered rezoning a 5.0 acre site located on the
north side of Mingo Road, east of Loop 288 from Agricultural (A) zoning district to Light
City of Denton City Council Minutes
April 6, 1999
Page 7
Industrial (LI) zoning district. The property was legally described as a portion of the 150-acre
tract out of the J. Early Survey, Abstract 1279, in the City of Denton, Denton County, Texas.
The purpose of the zoning change was to develop a site for the T.R.C.A. Corporation. The
Planning and Zoning Commission recommended approval 6-0 with conditions. (Z-99-002)
Mark Donaldson, Assistant Director for Planning and Development, stated that the request was
to rezone the property from agriculture to light industrial conditioned zoning. Three conditions
plus an implied condition of only one specific use for telecommunication re-manufacturing were
placed on the zoning. The conditions by the Planning and Zoning Commission bring the tract
into conformity with Denton Development Plan for low intensity on the tract. The Growth
Management Strategy indicated this area to be multifamily. The Planning and Zoning
Commission took into consideration the unique aspects of the property in that it was adjacent to
the railroad tracks and heavy commercial uses. In adition to a limited number of uses, the other
conditions were the standard lighting condition, a requirement for landscape bufferyards on the
east, north and west and a limitation of the floor area ratio of .36 to 1.
Mayor Pro Tem Beasley asked if there was a need to strike a batch plant from the allowed uses
as indicated in the Planning and Zoning Commission minutes.
Donaldson replied correct that a motion should be to accept the amended Exhibit B.
The Mayor opened the public hearing.
Greg Edwards stated that TRCA Corporation was already located in Denton and was looking to
relocate to a larger facility. Many current employees were from Denton and approving the
zoning would facilitate their staying in Denton.
The Mayor closed the public hearng.
The following ordinance was considered:
NO. 99-117
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED [LI(C)] ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF
LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, EAST OF LOOP 288;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-
002)
Young motioned, Beasley seconded to adopt the ordinance with the amended Exhibit B. 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 held a public hearing and considered rezoning a 0.22 acre site,
located on the southeast corner of Chambers Street and Clifton Street with frontage on Dallas
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April 6, 1999
Page 8
Drive, from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district.
The property was legally described as Lot 1, Block 3 of the Simmons Addition in the City of
Denton, Denton County, Texas. The purpose of the zoning change was to expand the existing
office and retail space. The Planning and Zoning Commission recommended approval 6-0 with
conditions. (Z-99-006)
Mark Donaldson, Assistant Director for Planning and Development, stated that the purpose of
the zoning change was to expand the existing office and retail space of Goelke Pool Supply. The
current use was in place before the first zoning ordinance was approved. The site plan limited
the development area to approximately 32-3300 square feet. Currently the site contained an
existing office and retail space. A home on the location would be razed for the new building. If
approved the revised site plan should be included rather than the one in the agenda materials.
The 20% rule was not in effect. Conditions for the zoning included the standard lighting
conditions, a bufferyard with a specified number of trees and a 10 foot bufferyard along the
northern portion of the property. A neighborhood meeting had been held and the property owner
had worked extensively to contact neighbors.
The Mayor opened the public hearing.
Chip Sargent, representing the petitioner, stated that this was only one platted lot and on that lot
was an office/retail building and a single family structure. The property was in a mix of
residential and commercial uses prior to the 1969 zoning ordinance. There were two major
reasons for the change in zoning. One was that as the property was a legal non-conforming use,
the owner would not be able to rebuild if there were an accident on the site. The second was a
desire to expand the current business. The proposed site plan would move the curb cut away
from the corner of Dallas Drive. The lot was not situated squarely with the streets and the
existing curb cut at Chambers would be removed. The proposal was consistent with the Denton
Development Plan.
Matt Goelke stated that he had a real concern regarding the neighborhood. He looked at other
properties along Dallas Drive and felt that what he was going to do would be better than what
others had done. He had met with the neighbors who were initially in opposition to his proposal
from the Planning and Zoning Commission meeting. He felt that the property owners’ questions
had been answered and wanted the neighbors to be happy with this proposal.
The Mayor closed the public heaing.
The following ordinance was considered:
NO. 99-118
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO NEIGHBORHOOD SERVICES (NS) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A .22 ACRE TRACT
OF LAND LOCATED AT 615 DALLAS DRIVE, LOCATED ON THE SOUTHEAST
CORNER OF CHAMBERS AND CLIFTON WITH FRONTAGE ON DALLAS
DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
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April 6, 1999
Page 9
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance with the conditions as stated
plus the revised site plan.
Council Member Young stated that the people in the area did not want single family zoning
changed to commercial. He felt that this would not be done anywhere else in Denton. He
wanted the action delayed to go back to the neighbors.
Council Member Cochran stated that this property had been commercial property since the
beginning of the city. There had never been a single-family residence at that location. The
property had been zoned single-family as an accident as it was not single-family when the
property was zoned. He felt it would be good for the neighborhood.
Council Member Burroughs felt that this was the best use for this location on Dallas Drive. This
was a major access to the downtown and would probably never develop as a single-family
dwelling. The applicant had tried to communicate with all of the neighbors in the area and that
was appreciated.
Council Member Durrance felt that the additional landscaping and change in curb cuts would be
very beneficial to the proposal and would provide a much safer egress and ingress. The
proposed masonry exterior would blend in the neighborhood.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
26. The Council considered approval of a resolution of the City of Denton relinquishing
approximately 180 acres of land within its extraterritorial jurisdiction (ETJ) to the City of Argyle
and the Town of Bartonville so that Argyle and Bartonville may institute annexation proceedings
with respect to such area; and providing an effective date.
Mark Donaldson, Assistant Director of Planning and Devleopment, state that this was a request
from the Mayor of Argyle based on an agreement between Bartonville and Argyle. The city had
recently released three small parcels in the extraterritorial jurisdiction associated with an
annexation into Town of Bartonville.
The following resolution was considered:
NO. R99-015
A RESOLUTION OF THE CITY OF DENTON RELINQUISHING
APPROXIMATELY 180 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL
JURISDICTION (ETJ) TO THE CITY OF ARGYLE AND THE TOWN OF
BARTONVILLE SO THAT ARGYLE AND BARTONVILLE MAY INSTITUTE
ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND
PROVIDING AN EFFECTIVE DATE.
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April 6, 1999
Page 10
Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
27. The Council considered adoption of an ordinance amending Article IV of Chapter 28 of
the Code of Ordinances of the City of Denton, Texas, (“Plumbing Code”) by repealing the 1985
Uniform Plumbing Code with certain amendments and providing for the adoption of the 1997
Uniform Plumbing Code with certain deletions and amendments; providing for a severability
clause; providing a savings clause; providing for a penalty in the amount of $2,000.00 for
violations thereof; and providing for an effective date.
Greg Mitchell, Building Official, stated that the City currently used the 1985 Uniform Code.
This ordinance would adopt the 1997 code standards. There were very few changes between the
two versions of the code. The 1997 version recognized some previously unrecognized building
materials. One major change was that the standard for a grease interceptor, a device that
prohibited grease from entering the septic system, would be changed. The new standard would
require a new restaurant to have a 1000 gallon grease inceptor. The impact would not be major
as all recent restaurants had included a 1000 gallon or larger inceptor during construction. The
requirement was a regional standard that most cities in the metroplex used.
Council Member Cochran asked about a distinction between kinds of restaurants and size of
inceptors required.
Mitchell stated that the Uniform Plumbing Code allowed for alternate design methods. Smaller
restaurants could demonstrate a need and be allowed to use an alternate design standard.
Wording could be added to the ordinance such as “alternate design methods may be approved by
the Building Official”. A restaurant could also appeal any portion of the code to the new
Construction and Appeals Advisory Board.
Mayor Pro Tem Beasley expressed a concern about imposing stricter regulations than the EPA.
Mitchell stated that the problem was that the grease could reach the treatment facility and also
blocks pipes.
Council Member Durrance stated that he would prefer an appeal process to the Construction
Board. This would be consistent with other bulding situations.
The following ordinance was considered:
NO. 99-119
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, (“PLUMBING CODE”) BY
REPEALING THE 1985 UNIFORM PLUMBING CODE WITH CERTAIN
AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1997 UNIFORM
PLUMBING CODE WITH CERTAIN DELETIONS AND AMENDMENTS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
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April 6, 1999
Page 11
CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Durrance motioned, Cochran seconded to adopt the ordinance with the exception that an
administrative decision be determined in policy for consideration of a lesser requirement of a
1000 gallon inceptor for a heavy food preparation establishments.
Steve Knight stated that an inceptor was only good as its maintenance and the tank needed to be
cleaned regularly.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
28. The Council considered adoption of an ordinance amending Article V of Chapter 28 of
the Code of Ordinances of the City of Denton, Texas by repealing the 1994 edition of the
Uniform Mechanical Code to provide for the adoption of the 1997 Uniform Mechanical Code
with certain amendments; providing for a severability clause; providing a savings clause;
providing for a penalty in the amount of $2,000.00 for violations thereof; and providing for an
effective date.
Greg Mitchell, Building Official, stated that this ordinance would approve the 1997 code. It was
his goal to continuously keep up with the latest codes. There were few changes in this new code
from the old code.
The following ordinance was considered:
NO. 99-120
AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS BY REPEALING THE 1994
EDITION OF THE UNIFORM MECHANICAL CODE TO PROVIDE FOR THE
ADOPTION OF THE 1997 UNIFORM MECHANICAL CODE WITH CERTAIN
AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Burroughs motioned, Cochran seconded to adopt the ordinance.
Steve Knight stated that Texas required a mechanical license for all contractors. In the past, the
code for Denton did not include provisions for state licensing. The current uniform code that
Denton was going to adopt did not fully comply with the state licensing department. The State
allowed city to use the plumbing code for gas lines, etc. while the mechanical code and
enforcement was at the discretion of the muncipality. A consolidation of boards needed to
address licensing.
Mitchell stated that in order to obtain a permit from Building Inspections, an individual must
comply with state standards.
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April 6, 1999
Page 12
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
Item #31 was considered.
31. The Council considered adoption of an ordinance authorizing the City Manager to
execute an airport lease agreement between the City of Denton and Hangcorp, Inc. to lease
certain premises of the Municipal Airport for the purpose of constructing and maintaining office
and hangar facilities and performing avionics repair and aircraft maintenance thereon; and
providing an effective date.
Mark Nelson, Airport Manager, stated that the proposal was for a lease at the Municipal Airport
with Bill Morrow who was wanting to expand his avionics facility at the Airport. The terms of
the lease would require Mr. Morrow to construct a structure of not less than 10,000 square feet
on Tract A. In addition, the lease outlined minimum standards Mr. Morrow needed to maintain
for the right and privilege to conduct multiple commercial aeronautical operations. A discount
of $0.10 per square foot would be incorporated into the lease for the first five years. The
discounted rate would be recouped in the latter part of the term through an increased lease rate in
the last 17 years of the agreement. The lease also provided a right of first refusal on one
additional lot, Tract B. Staff was also recommending an option that approved the lease with a 30
year building life with a 30 year lease. Two other options were to approve the lease without the
right of first refuse or approve with a building life of 40 years versus the 30 year life.
Bill Morrow stated that he had started negotiations in August of last year. He would have to
bring utilities to the property line that would cost in excess of $10,000. After several discussions
with the Legal Department, he learned that the contract had been changed to not include 40 year
life of the building. His point was that that agreement was not treating everyone equal. He knew
of two other leases at the airport that had a 40 year life on buildings. He asked Council to accept
Option 3 with a 40 year life on building.
City Attorney Prouty stated that Mr. Morrow was requesting a 40 year depreciated term so that at
the end of 30 years, there still would be 25% of the value the City would have to pay. With the
other two leases Mr. Morrow mentioned, there was not as much a discount in the lease amount.
The City’s fees could not be discriminatory based on grant requirements. Mr. Morrow wanted a
discounted rate plus a 40 year life on the building that had not been done with anyone else.
Council could grant a 40-year life on the building if conditions such as a $300,000 payroll level
or a certain number of employees were included and if those conditions were not maintained, the
lease would drop back to a 30 year life. Council needed to either raise the fees comparable with
others with a 40 year building life or have some other means to justify the 40 years.
Durrance motioned, Beasley seconded to postpone consideration of the ordinance until staff and
Mr. Morrow had an additional opportunity to resolve the differences in the agreement. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
29. The Council considered adoption of an ordinance amending Chapter 8 “Cable
Television” of the Code of Ordinances of the City of Denton by providing that no multichannel
video system may be constructed without first obtaining a franchise from the City of Denton and
City of Denton City Council Minutes
April 6, 1999
Page 13
that multichannel video service cannot be provided without such a franchise; providing a fine not
to exceed $500.00 for any violation; providing a savings clause; providing a severability clause;
providing an Open Meetings clause; and providing an effective date.
Richard Foster, Public Information Officer, stated that this ordinance was prompted by a recent
application to the FCC by CoServe to be an open system provider. That application had since
been removed. The consultant had supplied comments to the FCC to deny such an application.
Carrollton had passed a similar ordinance that would tighten Denton’s cable ordinance to require
any mutichannel video system to obtain a franchise prior to building a system instead of prior to
service.
The following ordinance was considered:
NO. 99-121
AN ORDINANCE AMENDING CHAPTER 8 “CABLE TELEVISION” OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON BY PROVIDING THAT NO
MULTICHANNEL VIDEO SYSTEM MAY BE CONSTRUCTED WITHOUT FIRST
OBTAINING A FRANCHISE FROM THE CITY OF DENTON AND THAT
MULTICHANNEL VIDEO SERVICE CANNOT BE PROVIDED WITHOUT SUCH A
FRANCHISE; PROVIDING A FINE NOT TO EXCEED $500.00 FOR ANY
VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Young 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.
30. The Council considered adoption of an ordinance of the City of Denton authorizing the
City Manager to execute on behalf of the City of Denton an acceptance of an offer from the
Texas Department of Transportation relating to a grant for Routine Airport Maintenance
Program; and declaring an effective date. (TxDot Project No. RAMP9DNTON and TxDot CSJ
No. M918DNTON.)
Mark Nelson, Airport Manager, stated on February 18, 1997 the City entered into an agreement
with TxDot for routine airport maintenance program with the City to receive matching funds for
maintenance of the Airport. Projects completed included runway striping crack sealing and
overlay project. City must enter into a new agreement rather than amend the current one with no
additional funds. Denton would be allowed to up to $20,000 if available in future years.
The following ordinance was considered:
NO. 99-122
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF
City of Denton City Council Minutes
April 6, 1999
Page 14
TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT
MAINTENANCE PROGRAM; AND DECLARING AN EFFECTIVE DATE
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
Kristoferson motioned, Burroughs seconded to adopt the ordinances for Items #32-35. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
32. NO. 99-123
AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE
CITY OF DENTON AND THE STATE OF TEXAS, RELATING TO 0.507 ACRES OF
LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 11);
AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN
EFFECTIVE DATE.
33. NO. 99-124
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND CHARLES R. JACKSON, RELATING TO THE
PURCHASE OF 0.156 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY
77 (PARCEL 24); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
34. NO. 99-125
AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE
CITY OF DENTON AND THE STATE OF TEXAS, RELATING TO 0.093 ACRES OF
LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 38);
AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN
EFFECTIVE DATE.
35. NO. 99-126
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND JAMES FERGUSON OGILVY AND SUSAN P. OGILVY,
RELATING TO THE PURCHASE OF 0.006 ACRES OF LAND FOR THE
EXPANSION OF U.S. HIGHWAY 77 (PARCEL 53); AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
36. The Council considered adoption of an ordinance of the City of Denton, Texas amending
Ordinance 99-034 prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. 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
City of Denton City Council Minutes
April 6, 1999
Page 15
$200.00; and declaring an effective date.
Rick Svehla, Deputy City Manager, stated that this was a correction of the current ordinance.
The change was to allow the no parking only during school hours and not all hours.
The following ordinance was considered:
NO. 99-127
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
99-034 PROHIBITING PARKING ON SCHOOL DAYS FROM 7:30 A.M. TO 3:30
P.M. 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 $200.00; 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”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
37. 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 the Texas Utilities Electric Company and publication of notice of
the passage of this ordinance.
The following ordinance was considered:
NO. 99-128
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 THE TEXAS
UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE
PASSAGE OF THIS ORDINANCE.
Durrance 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
April 6, 1999
Page 16
38. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the Mayor to execute an agreement with the University of North Texas wherein the
University of North Texas furnishes services and facilities in connection with the project
generally known as “environmental condition on-line DFW Metroplex (ECOPLEX)”; approving
the expenditure of funds therefore; and providing for an effective date.
Howard Martin, Assistant City Manager for Utilities, stated that the was an agreement to
subcontract with UNT for an EPA grant to primarily collect and compile real time data related to
environmental monitoring.
The following ordinance was considered:
NO. 99-129
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE UNIVERSITY OF NORTH
TEXAS WHEREIN THE UNIVERSITY OF NORTH TEXAS FURNISHES SERVICES
AND FACILITIES IN CONNECTION WITH THE PROJECT GENERALLY KNOWN
AS “ENVIRONMENTAL CONDITION ON-LINE DFW METROPLEX (ECOPLEX)”;
APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
39. The Council considered adoption of an ordinance approving a professional services
agreement for engineering design, easement survey and easement document preparation for
Highway 77 existing utilities relocation for Interstate 35 to U.S. Highway 380 with ARS
Engineering, Inc. for an amount not to exceed $257,200.00.
Howard Martin, Assistant City Manager for Utilities, stated that this contract would provide the
engineering design for water and wastewater facilities along Highway 377.
The following ordinance was considered:
NO. 99-130
AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING DESIGN, EASEMENT SURVEY AND EASEMENT DOCUMENT
PREPARATION FOR HIGHWAY 77 EXISTING UTILITIES RELOCATION FOR
INTERSTATE 35 TO U.S. HIGHWAY 380 WITH ARS ENGINEERING, INC. FOR
AN AMOUNT NOT TO EXCEED $257,200.00
Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
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April 6, 1999
Page 17
40. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an agreement for professional legal services with the
law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P., Washington, D. C. pertaining to the
sale, assignment, or other divestiture of all or a portion of the electric utility assets of the City of
Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date.
Sharon Mays, Director of Electirc Utilities, stated that this was a massive project to have to
complete. It covered experience in a broad area of expertise, thus requiring the services of an
outside legal firm.
Council discussed the pros and cons regarding the merits of the agreement.
The following ordinance was considered:
NO. 99-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MORIN &
OSHINSKY, L.L.P., WASHINGTON, D. C. PERTAINING TO THE SALE,
ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE
ELECTRIC UTILITY ASSETS OF THE CITY OF DENTON, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE
Beasley motioned, Cochran seconded to adopt the ordinance.
After further discussion by Council, Council Member Cochran called the question. On roll vote,
to adopt the ordinance, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
41. The Council considered nominations/appointments to City Boards and Commissions.
No nominations/appointments were made at this meeting.
42. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
43. New Business
There were no items of New Business suggested by Council Members for future agendas.
44. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the
Texas Open Meetings Act.
45. There was no official action on Closed Meeting items held under Section 551-071–
551.085 of the Texas Open Meetings Act.
City of Denton City Council Minutes
April 6, 1999
Page 18
With no further business, the meeting was adjourned at 9:30 p.m.
____________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
_____________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS