Minutes September 07, 1999CITY OF DENTON CITY COUNCIL MINUTES
September 7, 1999
Regular Meeting of the City of Denton City Council on Tuesday, September 7, 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
Posting of Colors by Cub Scout Pack 59-Webelo 1 Den
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 June 1, June 8, June 15, June 16, and
June 22, 1999.
Beasley motioned, Burroughs 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.
PRESENTATIONS/PROCLAMATIONS
3. Mayor Miller presented the September Yard of the Month Awards to:
Robert and Ann Richardson
Geoffrey Ferguson
Mr. and Mrs. Richard Maxwell
Leonard Jones
The Lawyer’s Building
4. Mayor Miller presented the following proclamations
A. Constitution Week
B. Denton Main Street Week
CITIZEN REQUESTS
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5. The Council considered a request for an exception to the noise ordinance for the 4
annual Cowboys for Codi Rodeo and Barrel Race at the North Texas Fairgrounds on September
10, 11 and 18, 1999.
Young motioned, Burroughs 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.
City of Denton City Council Minutes
September 7, 1999
Page 2
6. The Council considered a request for an exception to the noise ordinance for the City of
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Denton employees for their annual picnic on Sunday, September 19 from 11:30 a.m. to 2:00
p.m.
Kristoferson motioned, Cochran 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.
7. The Council considered a request for an exception to the noise ordinance for the pouring
of the concrete foundation and walls before 6:00 a.m. by Radcliff Constructors, Inc., at the City
of Denton Service Center between September 8, 1999 and September 30, 1999.
Council Member Young asked if the neighbors in the area had been contacted.
Rodney Mitchell, Management Assistant, stated that the neighbors had not been contacted.
Mike Leavitt, Manager of Construction Projects, stated that the neighbors had not been contacted
yet because they wanted to have permission first and would then inform the neighbors. There
would be two major pours done. Door hangers would be distributed as soon as the project was
approved.
Young motioned to deny the request. Motion died for lack of a second.
Kristoferson motioned, Cochran seconded to approve the exception. 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.
CITIZEN REPORTS
8. The Council received a report from Dessie Goodson concerning “threats and quotes”.
Ms. Goodson stated that other types of “threats” were given to the City but nothing had been
done regarding those threats. She felt that her civil rights had been violated by the City for the
past five years.
CONSENT AGENDA
Council Member Cochran asked that Item #36 be pulled for separate consideration.
Burroughs motioned, Durrance seconded to approve the Consent Agenda and accompanying
ordinances with the exception of Item #36. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
Council Member Cochran requested a staff report on Item #36.
Linda Ratliff, Director of Economic Development, stated that this was an amendment to the
existing contract for the economic development program. It was the same agreement as two
City of Denton City Council Minutes
September 7, 1999
Page 3
years ago with the dates and amount changed. The amount approved in 1997 was $161,217 and
was $112,996 in 1998 because of a vacancy in the vice-president position. The proposed
agreement for was for $168,837 with the amounts to be split between the general fund and utility
fund.
Young motioned, Burroughs seconded to approve Item #36.
Council Member Cochran stated that the city’s participation had increased while the Chamber ‘s
portion had not increased.
On roll vote to approve Item #36, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
9. Approved a tax refund to Georgia-Pacific in the amount of $1,478.81 due to an
overpayment.
10. Approved a tax refund to Rent-A-Center in the amount of $2,873.37 resulting from a
duplicate payment.
11. NO. 99-282
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A FUEL FACILITY; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2392 – LANDFILL FUEL FACILITY – EAGLE CONSTRUCTION
AND ENVIRONMENTAL SERVICES, INC. - $60,537)
12. This item was pulled from consideration.
13. NO. 99-283
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. TO
PROVIDE PROFESSIONAL SERVICES FOR THE PARKS AND RECREATION
MASTER PLAN PROJECT AND RELATED SERVICES AS SET FORTH IN THE
CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (PROFESSIONAL SERVICES
AGREEMENT #2413 – PARKS AND RECREATION MASTER PLAN PROJECT -
CARTER & BURGESS - $64,870)
14. NO. 99-284
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CELLULAR DIGITAL TELEPHONE SERVICE AVAILABLE
FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE ( PO 90436 –
AT&T WIRELESS - $26,783)
City of Denton City Council Minutes
September 7, 1999
Page 4
15. NO. 99-285
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE BANK OF AMERICA AND TO PARTICIPATE IN AN
AGREEMENT BETWEEN THE BANK OF AMERICA, NT & SA AND THE
GENERAL SERVICES COMMISSION RELATING TO THE USE OF PURCHASING
CARDS; AUTHORIZING THE CITY MANAGER TO MAKE THE EXPENDITURES
SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. (FILE
2411 – AGREEMENT 303-946-A1 BETWEEN THE STATE OF TEXAS GENERAL
SERVICES COMMISSION/BANK OF AMERICA AND THE CITY OF DENTON
FOR A PURCHASING CARD SYSTEM)
16. NO. 99-286
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE MAINTENANCE
OF SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL
SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES
(DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (PO 96602 – TEXAS DEPARTMENT OF
INFORMATION RESOURCES - $31,047.56) – DEPARTMENT OF INFORMATION
RESOURCES
17. NO. 99-287
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A SELF-CONTAINED BREATHING
APPARATUS (SCBA) COMPRESSOR/FILL STATION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 2388 – SCBA COMPRESSOR/FILL STATION – CASCA INDUSTRIES, INC. -
$42,693.30)
18. NO. 99-288
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND LAKE CITIES CONGREGATION-DENTON-OF
JEHOVAH’S WITNESSES, INC., RELATING TO THE PURCHASE OF 0.003 ACRES
OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 34);
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
19. NO. R99-040
A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE
THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT
THE BLUES FESTIVAL ON SEPTEMBER 18, 1999 UPON THE CONDITIONS OF
OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING
GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE
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September 7, 1999
Page 5
CITY FOR ANY LIABILITY; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT FOR CONDITIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Items 20-36 were items that supported the proposed 1999-2000 budget and had been previously
considered in budget work sessions)
20. NO. 99-289
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A
MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY
FEE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN
EXPIRATION DATE.
21. NO. 99-290
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 6 OF THE CODE OF
ORDINANCES RELATING TO “ANIMALS” BY ADDING SECTION 6-38 TO
PROVIDE FOR THE CREMATION OF ANIMALS BY THE CITY OF DENTON
ANIMAL SHELTER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
22. NO. 99-291
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
91-082 THE SCHEDULE OF FEES, AS IT RELATES TO EUTHANASIA AND FEES
RELATED TO THE HANDLING OF CREMATIONS OF ANIMALS; PROVIDING
FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
23. NO. 99-292
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, “UPDATED
SERVICE CREDITS” IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE
EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE
CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT
SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE
TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE
CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE.
City of Denton City Council Minutes
September 7, 1999
Page 6
24. NO. 99-293
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 98-263 FOR
WATER SERVICE WHICH AMENDS THE WHOLESALE TREATED WATER
SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (“UTRWD”)
SCHEDULE WW2; ADOPTING DECLARATIONS AND FINDINGS IN THE
PREAMBLE; PROVIDING FOR A REPEALER; PROVIDING FOR THE
EXPENDITURE OF FUNDS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING
SCHEDULE (WW2); AND PROVIDING FOR AN EFFECTIVE DATE.
25. NO. 99-294
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN
ORDINANCE NO. 98-266, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE
PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(A), AND 26-9 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL
EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE;
AMENDING THE CHARGES FOR INACCESSIBLE AND UNSERVICEABLE
CONTAINERS; AMENDING THE CONTAINER LOCK INSTALLATION AND
REMOVAL CHARGE; AMENDING THE BRUSH FEE CHARGE FOR BRUSH
BROUGHT TO THE CITY OF DENTON LANDFILL; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
26. NO. 99-295
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED
IN ORDINANCE NO. 98-263 FOR WATER SERVICE; AMENDING THE CHARGES
FOR TAP AND METER FEES; AMENDING THE WHOLESALE RAW WATER
SERVICE RATE TO UTRWD (WRW); AMENDING THE WHOLESALE TREATED
WATER RATE TO UTRWD (WW2); DELETING THE ADOPT-A-SPOT WATER
SERVICE RATE (WGA); RECODING THE OUTSIDE CORPORATE LIMITS
RESIDENTIAL WATER SERVICE RATE FROM (WRE) TO (WRO); RECODING
THE OUTSIDE CORPORATE LIMITS COMMERCIAL & INDUSTRIAL WATER
SERVICE RATE FROM (WCE) TO (WCO); PROVIDING FOR A REPEALER;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR RETROACTIVE
EFFECT OF THE AMENDMENT RESPECTING THE WHOLESALE TREATED
WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT
(“UTRWD”) SCHEDULE WW2; AND PROVIDING FOR AN EFFECTIVE DATE.
27. NO. 99-296
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO. 98-264 FOR WASTEWATER SERVICE;
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September 7, 1999
Page 7
AMENDING THE BIOCHEMICAL OXYGEN DEMAND (BOD) AND TOTAL
SUSPENDED SOLIDS (TSS) RATES APPLICABLE TO COMMERCIAL,
INDUSTRIAL AND WHOLESALE WASTEWATER RATES; AMENDING AND
RECODING THE RESIDENTIAL AND COMMERCIAL WASTEWATER MINIMUM
VOLUME CHARGED TO WASTEWATER CUSTOMERS WITHOUT CITY OF
DENTON WATER SERVICE (SR, SMH, AND SC); ADDING A MOBILE HOME
PARK WASTEWATER SERVICE RATE (SMH); COMBINING THE EQUIPMENT
SERVICES (SES) AND RESTAURANT & FOOD SERVICES (SEP) RATES INTO
THE EQUIPMENT SERVICES FACILITIES AND RESTAURANT & FOOD
SERVICES ESTABLISHMENTS RATE (SEE); DELETING THE
COMMERCIAL/INDUSTRIAL PRETREATMENT RATE(SPT) AND ADDING
THOSE CUSTOMERS TO THE REGULAR COMMERCIAL/INDUSTRIAL RATE
(SC); RECODING THE METERED WASTEWATER INSIDE/OUTSIDE THE
CORPORATE LIMITS RATE (SM); ADDING A COMMERCIAL AND INDUSTRIAL
WASTEWATER VOLUME RATE WHICH EXCLUDES METERED WATER
VOLUME (SCS); AMENDING THE WASTEWATER TAP FEES; ESTABLISHING A
SEPARATE MANHOLE BREAKOUT FEE WITHIN THE SCHEDULE OF
WASTEWATER TAP FEES; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
28. NO. 99-297
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 98-262 FOR ELECTRIC
SERVICE; ADDING THE AMENDMENT TO THE ENERGYSAVE PROGRAM (EP)
AS PROVIDED IN ORDINANCE NO. 99-210; ADDING THE AMENDMENT TO
TEMPORARY SERVICE SCHEDULE (T1) AS PROVIDED IN ORDINANCE NO. 99-
245; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
29. NO. 99-298
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND
PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND
TAXPAYERS CONTAINED IN ORDINANCE NO. 98-265; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
30. NO. 99-299
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
91-082 RELATING TO THE SCHEDULE OF FEES FOR THE CITY OF DENTON BY
INCREASING FEES FOR INSPECTION OF CITY RIGHT-OF-WAY AND PARKING
LOT PERMITS AND ADDING A FEE FOR APPEALS AND VARIANCES TO THE
TRAFFIC SAFETY COMMISSION; PROVIDING FOR A REPEALER; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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September 7, 1999
Page 8
31. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FOLLOWING HOTEL
OCCUPANCY TAX FUND RECIPIENTS FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE.:
A. 99-300 Denton Holiday Festival
B. 99-301 Denton Community Theatre
C. 99-302 Denton Festival Foundation
D. 99-303 Tejas Storytelling Association
E. 99-304 Denton Black Chamber of Commerce
F. 99-305 Denton County Courthouse-On-The-Square Museum
G. 99-306 Kiwanis
H. 99-307 Scholars Phair Foundation
32. NO. 99-308
AN ORDINANCE AMENDING ORDINANCE NO. 91-082 TO PROVIDE
INCREASES IN VARIOUS FEES FOR HOLDING, REGISTERING,
QUARANTINING, EUTHANIZING, AND OTHERWISE HANDLING ANIMALS IN
THE CITY’S ANIMAL CONTROL FACILITIES PURSUANT TO CHAPTER 6 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING
THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE
OFFICE OF THE CITY SECRETARY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
33. NO. 99-309
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 25,
ARTICLE IV “PARADES” OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON TO PROVIDE FOR FEES FOR FUNERAL ESCORTS BY THE DENTON
POLICE DEPARTMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
34. NO. 99-310
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE IV
ENTITLED “STOPPING, STANDING AND PARKING” OF THE MOTOR
VEHICLES AND TRAFFIC CHAPTER OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS BY AMENDING SECTION 18-104(A) RELATING TO
STORAGE AND IMPOUNDMENT FEES FOR IMPOUNDED VEHICLES;
AMENDING ARTICLE IV ENTITLED “POLICE INITIATED TOWING SERVICES”
OF THE POLICE CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS BY AMENDING SECTION 23-87 TO ESTABLISH A
STANDARD TOW FEE AND AN ADDITIONAL CHARGE IF DOLLIES ARE USED;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
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September 7, 1999
Page 9
35. NO. 99-311
AN ORDINANCE AMENDING SECTION 22-38 OF CHAPTER 22 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS RELATING TO FACILITY AND PROGRAM FEES BY ADOPTING A
SCHEDULE OF FEES; REPEALING ALL FEES IN CONFLICT WITH SUCH
SCHEDULE; REPEALING ORDINANCE NO. 91-055 AND ALL ORDINANCES IN
CONFLICT WITH THE NEW SCHEDULE OF FEES; AND PROVIDING AN
EFFECTIVE DATE.
36. NO. 99-312
AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE
CONSOLIDATION AMENDMENT OF THE ECONOMIC DEVELOPMENT
PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO
PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARINGS
37. The Council held a public hearing and considered approval of a resolution granting
approval of a subsurface use of a portion of the Denton Branch Rail/Trail approximately 110 feet
south of Loop 288 roadway for the installation and maintenance of fiber optics communication
line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of a permit or license and providing an effective date.
Ed Hodney, Director of Parks and Recreation, stated that similar public hearings were held at
prior Council meetings relative to the taking or using of parkland in the City. This request was a
different utility in a different location. The Parks and Recreation Board endorsed the proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following resolution was considered:
NO. R99-041
A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 110 FEET
SOUTH OF LOOP 288 ROADWAY FOR THE INSTALLATION AND
MAINTENANCE OF FIBER OPTICS COMMUNICATION LINE IN ACCORDANCE
WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING
FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN
EFFECTIVE DATE.
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September 7, 1999
Page 10
Cochran motioned, Burroughs 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.
38. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, designating the property located at 421 East Hickory Street as a historic
landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing
for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an
effective date.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-313
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 421 EAST HICKORY STREET AS A HISTORIC
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE
CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
39. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, designating the property located at 610 Oakland Street as a historic landmark
under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing for a
penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective
date.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
September 7, 1999
Page 11
NO. 99-314
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 421 EAST HICKORY STREET AS A HISTORIC
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE
CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
40. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, designating the property located at 100 North Locust Street as a historic
landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing
for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an
effective date.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-315
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 100 NORTH LOCUST STREET AS A HISTORIC
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE
CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
41. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, designating the property located at 520 North Austin Street as a historic
landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing
for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an
effective date.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 7, 1999
Page 12
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-316
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 520 NORTH AUSTIN STREET AS A HISTORIC
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE
CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
42. The Council held a public hearing regarding the draft Comprehensive Plan.
Dave Hill, Assistant City Manager for Development, stated that this was the first formal public
hearing for the comprehensive plan. Many prior public meetings had been held regarding the
plan. Staff was recommending that Council hold the public hearing and take in more input
regarding the proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Chuck Carpenter, 1112 Pennsylvania Dr., Denton, 76205 – favor
Bob Moses, 1400 Robinson Rd., Corinth, 76205 - favor
William Darby, 2208 Crestmeadow, Denton, 76207 – opposition
Sherry Darby, 2208 Crestmeadow, Denton, 76207 – opposition
Ed Soph, 1620 Victoria Drive, Denton, 76201 - opposition
Michelle Rinkevich, 2704 Stephen Dr., Denton - opposition
The following individuals submitted comment cards:
Shelley Shay, 2524 John Drive, Denton, 76207 – opposition
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 – opposition
The Mayor closed the public hearing.
43. The Council continued a public hearing and considered rezoning a 5.0 acre site from an
agricultural (A) zoning district to a Light Industrial with Conditions [LI(c)] zoning district. The
property was located on the north side of Mingo Road, between Loop 288 and Cooper Creek
City of Denton City Council Minutes
September 7, 1999
Page 13
Road. Light industrial use was proposed. The Planning and Zoning Commission recommended
approval (7-0). (Z-99-043, Mingo/Loop 288)
Mark Donaldson, Assistant Director of Planning and Development, stated that the proposal was
to rezone the property to a light industrial zoning district with conditions. The property was
currently undeveloped. Council had postponed the prior public hearing on August 17th
requesting additional information on the proposed use. To date, the applicant had not provided
any additional information.
The Mayor opened the public hearing.
The following individuals spoke regarding the proposal:
Greg Edwards, 300 N. Carroll Blvd., Suite D, Denton, 76201 – favor
Council Member Kristoferson asked if the front of building would be brick and suggested a
condition of site approval on the proposal.
Edwards stated that the building fronted the railroad tracks with most of the area buildings being
industrial. He felt that that condition was not particularly necessary in this area.
Council Member Burroughs asked about striking some of the uses in light industrial.
Edwards stated that all of the light industrial uses could be removed except for light
manufacturing.
The Mayor closed the public hearing.
Burroughs motioned, Young seconded to approve the proposal with the conditions that all of the
uses in light industrial be removed except for light manufacturing, the commercial uses were
acceptable, and if a permit for air quality was required by the TNRCC, the proposal would be
again reviewed by Council before construction was started.
Council Member Cochran questioned if the zoning would be contingent on whether or not a
TNRCC air quality permit was needed.
Council Member Burroughs stated that the petitioner would not have to go through the entire
development process if a permit were required but return to Council if one were required and
provide the Council with a final review of the proposal.
Council Member Kristoferson stated that the list of permitted commercial uses included 7 pages
of uses. She questioned if some of those uses should be removed.
Council Member Cochran stated that he was not in favor of the current proposal as he was
concerned with the proximity of the neighborhoods in the area.
Mayor Miller suggested that the Council consider postponing the proposal so that staff could
meet with the petitioner to work out some of the details such as whether or not an air quality
City of Denton City Council Minutes
September 7, 1999
Page 14
permit was needed, determine a specific use for property and narrow down the uses under the
commercial zoning. The public hearing would be continued.
Burroughs motioned, Young seconded to postpone consideration of the proposal until the next
regular meeting. 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.
44. The Council held a public hearing and considered approval of an amended Concept Plan
for a Planned Development zoning district (PD-139). The 404 acre property was located
between Bonnie Brae Road and I-35W at FM 2449 (Ponder Road). Commercial, neighborhood
services, single-family detached, single-family attached, school and parkland development was
proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions.
(Z-99-010, The Vintage – PD Concept Plan)
Mark Donaldson, Assistant Director for Planning, reviewed the details of the proposal as
indicated in the agenda materials. He noted the conditions that were detailed by the Planning
and Zoning Commission.
Mayor Pro Tem Beasley stated that the lots on Tract E were shown not to be 7,000 square foot
lots.
Donaldson stated that the current planned development allowed 6,000 square foot lots but the
proposal was for 7,200 square foot lots. That was probably an oversight on the plans.
Council Member Burroughs questioned if the greenbelt maps had been studied by FEMA at this
time.
Donaldson stated that if there were to be a request to reclaim the flood plain, a specific study
would be required.
Council Member Kristoferson stated that the University of North Texas had GIS studies of the
area and was in favor of protecting the most sensitive portion of the watershed area.
Donaldson stated that the developer intended to dedicate all areas within the 100 year flood plain
except for Tract G that would be held for a future development site.
The Mayor opened the public hearing.
The following individuals spoke regarding the issue:
th
Cliff Mycoskie, 1108 107 Street, Arlington, 76012 - favor
Charles Jowell, 1812 Woodridge Drive, Arlington, 76013 – favor
Quintin Burnett, Argyle ISD – neutral
The Mayor closed the public hearing.
Young motioned, Burroughs seconded to adopt the proposal as recommended by the Planning
and Zoning Commission.
City of Denton City Council Minutes
September 7, 1999
Page 15
Mayor Pro Tem Beasley suggested adding a time limit on the development. If there were no
action on the development in four years, it would be reviewed by Council.
Dave Hill, Assistant City Manager for Development, suggested using the effective date of the
ordinance as the starting date for any time limit used. A detailed plan approval would be
included as showing progress on the development. He questioned what would happen if the
proposal were made up of several land use pods.
Mayor Pro Tem Beasley stated that the time to do this might be at the detailed plan stage.
Hill suggested a two year time limit on detailed plans. Once the detailed plan was approved, the
time limit would start.
Council Member Burroughs suggested a time frame of submittal of a detailed plan within two
years and development within two years from the date of the approved detailed plan.
Hill recommended some type of time restraints that would allow adequate time between each
phase of construction so as not have many phases going on at the same time.
Council held this item to allow the petitioners and staff time to work on an appropriate time
limit.
Council considered Item #47
47. The Council held a public hearing regarding the proposed disannexation and release from
the City’s extraterritorial jurisdiction of the following properties:
A. Tract 1 – Oakmont II – 2.107 acres, located north of Robinson Road
B. Tract 2 – Oakmont IV – 10.603 acres, located south of Robinson Road
C. Tract 3 – Oakmont IV – 5.709 acres, located south of Robinson Road
Mark Donaldson, Assistant Director for Planning, stated that step one in this process was to
release ETJ from the City of Denton. He had received a memo from Corinth corresponding to
Denton’s schedule regarding these areas. This was the first of two public hearings on this
proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Burroughs motioned, Young seconded to approve the schedule as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young
“aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote.
48. The Council held the first of two public hearings regarding the proposed annexation of
the following properties:
City of Denton City Council Minutes
September 7, 1999
Page 16
A. Tract 1 – Oakmont II – 1.469 acres, located north of Robinson Road
B. Tract 2 – Oakmont II – 0.083 acres, located north of Robinson Road
C. Tract 3 – Oakmont IV – 17.110 acres, located south of Robinson Road
D. Tract 4 – Oakmont IV – 0.062 acres, located south of Robinson Road
These properties were involved in a proposed boundary adjustment with the City of Corinth.
They were generally in the Oakmont area of Denton and Corinth.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
49. The Council held a public hearing and considered approval of the Detailed Plan
encompassing 2.8 acres for the Robson Ranch Water Reclamation Plant within a Planned
Development zoning district (PD-173). The property was generally located north of Crawford
Road and east of Florence Road within the boundaries of the Robson Ranch Planned
Development. The Planning and Zoning Commission recommended approval (6-0). (Z-99-055)
Mark Donaldson, Assistant Planning Director, stated that this proposal was the detailed plan for
the Robson Ranch water reclamation plant. No other property owners were within the city of
Denton who had to be notified. Property owners outside the development were notified and the
developers recently held a meeting with those neighbors.
The Mayor opened the public hearing.
The following individuals spoke regarding the proposal:
Jim Polis, Robson Ranch Representative – favor
Terry Romanko, 5684 Florence Rd., Justin, 76247 – opposition
Nelda Ward, Rt. 2, Box 87W, Justin, 76247 – opposition
Jim Polis presented a rebuttal
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-319
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 99-265, TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN
CONTAINING 2.8 ACRES WITHIN THE CONCEPT PLAN FOR PLANNED
DEVELOPMENT 173 (PD-173) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION LOCATED EAST OF FLORENCE ROAD AND APPROXIMATELY
500 FEET NORTH OF CRAWFORD ROAD; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
City of Denton City Council Minutes
September 7, 1999
Page 17
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-
055)
Cochran motioned, Burroughs seconded to adopt the ordinance. 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.
Council returned to Item #44.
44. The Council continued a discussion regarding approval of an amended Concept Plan for a
Planned Development zoning district (PD-139). The 404 acre property was located between
Bonnie Brae Road and I-35W at FM 2449 (Ponder Road). Commercial, neighborhood services,
single-family detached, single-family attached, school and parkland development was proposed.
The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-010,
The Vintage – PD Concept Plan)
Dave Hill, Assistant City Manager for Development, stated that the private development parcels
were L, B, F, K and J and were right-of-way, greenspace, a school site that would not be
included in the time expiration requirements. There were seven remaining stages A/E, C, D, G,
H, I, and M. The developer could select whatever phase he wanted to start with in the year 2000
for detailed plan approval. These were spaced in four year increments to the year 2024. The
developer would have to have a recorded final plat completed by two years from the date of the
detailed plan approval. Failure to comply with the time limits would result in a re-examination
and possible revision of the approved planned development concept plan upon submittal by the
developer.
Council Member Cochran stated that he did not like the time limits imposed by the proposal and
felt that it would be too long a time for a build out.
Council discussed the pros and cons of imposing time limits on the proposal.
Mayor Pro Tem Beasley felt that the proposed time limits might require more study time by the
Council.
Hill stated that the developer was agreeable to the proposed time requirements.
Council Members Young and Burroughs agreed to include the time line as proposed by staff and
the developer as noted above.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “nay”,
Young “aye”, and Mayor Miller “nay”. Motion carried with a 5-2 vote.
45. The Council held a public hearing and considered approval of a Detailed Plan
encompassing 264.72 acres within a Planned Development zoning district (PD-139). The
property was located between Bonnie Brae Road and I-35W at FM 2449 (Ponder Road). Single-
family development, a school site, parkland and open space was proposed. The Planning and
Zoning Commission recommended approval (6-0) with conditions. (Z-99-050, The Vintage-PD
Detailed Plan)
City of Denton City Council Minutes
September 7, 1999
Page 18
Mark Donaldson, Assistant Planning Director, stated that the detailed plan included the tracts
that involved the single family residential and the public park and open space dedication. The
school plan and neighborhood and commercial areas were not included in this proposal.
The Mayor opened the public hearing.
The following individuals spoke regarding the proposal:
th
Cliff Mycoskie, 1108 107 Street, Arlington, 76012 – approval
Charles Jowell, 1812 Woodridge Drive, Arlington, 76013 – approval
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-318
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 99-317 TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN
CONTAINING 264.72 ACRES WITHIN THE AMENDMENT CONCEPT PLAN FOR
PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION LOCATED BETWEEN BONNIE BRAE ROAD AND
INTERSTATE 35W AT FM 2449 (PONDER ROAD); PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. Z-99-050)
Young motioned, Beasley seconded to adopt the ordinance with the conditions as recommended
by the Planning and Zoning Commission plus 75% of the building exterior, except doors and
windows, would be of brick or stone.
Council Member Durrance stated that he did not like the detailed plan. He felt it was a matter of
density transference and the size of the lots were too small.
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.
46. The Council held a public hearing and considered approval of a Detailed Plan
encompassing 105.996 acres within a Planned Development zoning district (PD-174). The
property was generally located north of the City of Argyle between Interstate 35W and John
Paine Road. Single-family development, a school site, parkland and open space was proposed.
The Planning and Zoning Commission recommended approval (5-1) with conditions. (Z-99-040,
Willow Lakes West)
Mark Donaldson stated that the proposal was for 278 single-family dwelling units, a 15 acre
school site and open space/parkland dedication. He reviewed the conditions as recommended by
the Planning and Zoning Commission as noted in the agenda materials.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 7, 1999
Page 19
The following individuals spoke regarding the proposal:
Sue Blankenship, Carter & Burgess – favor
The Mayor closed the public hearing.
Quentin Burnett, Argyle ISD, stated that the AISD had not had time to review the plans for the
provisions for the school site.
Kristoferson motioned, Burroughs seconded to postpone consideration and continue the public
hearing in two weeks.On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
VARIANCE
51. The Council considered approval of a request for reconsideration for exaction variances
from Sections 34-114(17)b and 34-114(5)b, concerning improvements to existing perimeter
streets and construction of sidewalks, of the Subdivision and Land Development Regulations for
Lots 1 and 2, Block 1 of the Campus Housing Addition. The 19.33-acre subdivision was located
on the north side of Meadow Street and the south side of Inman Street. The Planning and Zoning
Commission recommended approval 4-3. The City Council denied the variance on August 17,
1999, by a vote of 6-1. (V-99-007, Campus Housing Addition)
Burroughs motioned, Young seconded to suspend the rules to reconsider the exaction variance.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
Mark Donaldson stated that the petitioner had requested a variance from improvements to the
existing perimeter streets and construction of sidewalks. It was his understanding that letters of
support had been submitted from the three single-family property owners in the development.
Council Member Cochran stated that he was not in favor of the variance. He might agree to a
delay for the requirements or to tie it to some other development in the future.
Council Member Young stated that the three neighbors in the area did not want the street with
the increased traffic in the area.
Burroughs motioned, Young seconded to approve the variances. 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.
50. The Council held a public hearing and considered approving an ordinance amending
Chapter 35, “Zoning” of the Code of Ordinances of the City of Denton, Texas, Section 35-3,
“Definitions”, Section 35-76, “Definitions and Explanations”, and Section 35-301 “Off-Street
Parking and Loading”. The Planning and Zoning Commission recommended approval 5-0.
Dave Hill, Assistant City Manager for Development, stated that the proposal was to address off-
street parking concerns as they related to multi-family development. Staff’s recommendation
City of Denton City Council Minutes
September 7, 1999
Page 20
was that the number of parking spaces per unit be related to the number of bedrooms on a one-to-
one basis. In addition, all multi-family residential structures would need one additional space for
each 10 bedrooms for visitor parking to respond to concerns for additional parking needs for
guests. He reviewed the changes in the current regulations with the proposed regulations.
City Attorney Prouty stated that a unit referred to an entire apartment regardless of the number of
bedrooms.
Council Member Kristoferson stated that the proposed ordinance did not solve the question she
had raised. She had requested a definition of a multi-family unit and how to apply that to
density. She felt that the density mix had not been addressed.
Council Member Cochran stated that this was one aspect for the reason for the moratorium. He
felt it was appropriate to proceed as this level of detail was not in the draft Comprehensive Plan
as that was more of a general policy proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-320
AN ORDINANCE AMENDING CHAPTER 35, “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, SECTION 35-3,
“DEFINITIONS”; SECTION 35-76, “DEFINITIONS AND EXPLANATIONS, AND
SECTION 35-301, “OFF-STREET PARKING AND LOADING”; PROVIDING FOR A
PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Cochran motioned, Burroughs seconded to adopt the ordinance with a change to exclude a multi-
family dwelling with less than 50 dwelling units and comprised exclusively of one-bedroom
dwelling units from the condition of one additional visitor parking space for every two
bedrooms. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”,
Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
52. The Council considered approval of a resolution rescinding the “Limitations on
Acceptance and Processing of Applications for Establishment of Multiple Family Dwellings” by
repealing Resolution R99-022, Resolution R99-023, and Resolution R99-032, and providing an
effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 7, 1999
Page 21
NO. R99-042
A RESOLUTION RESCINDING THE “LIMITATIONS ON ACCEPTANCE AND
PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTIPLE
FAMILY DWELLINGS” BY REPEALING RESOLUTION R99-022, RESOLUTION
R99-023, AND RESOLUTION R99-032, AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
53. The Council considered adoption of an ordinance to voluntarily annex a 37.03 acre tract
located on the east side of Teasley Lane, approximately 700 feet south of Hickory Creek Road,
in the City of Denton extraterritorial jurisdiction (ETJ), to approve a service plan for the annexed
property, to provide a severability clause and to provide for an effective date. (A-88, First
Reading)
The following ordinance was considered:
(First Reading)
AN ORDINANCE TO VOLUNTARILY ANNEX A 37.03 ACRE TRACT LOCATED
ON THE EAST SIDE OF TEASLEY LANE, APPROXIMATELY 700 FEET SOUTH
OF HICKORY CREEK ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL
JURISDICTION (ETJ), TO APPROVE A SERVICE PLAN FOR THE ANNEXED
PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR
AN EFFECTIVE DATE. (A-88, FIRST READING)
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.
54. The Council considered adoption of an ordinance to voluntarily annex 34.40 acres of land
located on the north side of Ryan Road and east of Forrestridge Drive in the City of Denton’s
extraterritorial jurisdiction (ETJ), to approve a service plan for the annexed property, to provide a
severability clause and to provide for an effective date. (A-90, First Reading)
The following ordinance was considered:
(First Reading)
AN ORDINANCE TO VOLUNTARILY ANNEX 34.40 ACRES OF LAND LOCATED
ON THE NORTH SIDE OF RYAN ROAD AND EAST OF FORRESTRIDGE DRIVE
IN THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ), TO
APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A
SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE. (A-90,
FIRST READING)
City of Denton City Council Minutes
September 7, 1999
Page 22
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.
55. The Council considered adoption of an ordinance to voluntarily annex a 46.21 acre tract
located at the southeast corner of Nowlin Road and Robinson Road, in the City of Denton’s
extraterritorial jurisdiction (ETJ), to approve a service plan for the annexed property, to provide a
severability clause and to provide for an effective date. (A-91, Kirby Tract-First Reading)
The following ordinance was considered:
(First Reading)
AN ORDINANCE TO VOLUNTARILY ANNEX A 46.21 ACRE TRACT LOCATED
AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD, IN
THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ), TO
APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A
SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE. (A-91,
KIRBY TRACT-FIRST READING)
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.
56. The Council considered adoption of an ordinance authorizing the City Manager to make
application to the Children’s Trust Fund of Texas to obtain a grant for a family resource center;
authorizing the City Manager to negotiate and execute a contract with the Children’s Trust Fund
of Texas for a family resource center; and providing an effective date.
The following ordinance was considered:
NO. 99-321
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE
APPLICATION TO THE CHILDREN’S TRUST FUND OF TEXAS TO OBTAIN A
GRANT FOR A FAMILY RESOURCE CENTER; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE
CHILDREN’S TRUST FUND OF TEXAS FOR A FAMILY RESOURCE CENTER;
AND PROVIDING AN EFFECTIVE DATE.
Beasley 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.
57. The Council considered approval of a resolution voting for a member to the Board of
Managers of the Denco Area 9-1-1 District; and declaring an effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 7, 1999
Page 23
NO. R99-043
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to approve the resolution voting for Olive Stephens
for the Board ofManagers. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
58. The Council considered approval of a resolution amending the authorized representatives
of the City of Denton, Texas authorized to transmit funds for investments in the Texas Local
Government Investment Pool (“Texpool”) and to undertake other transactions with regard to
investment in Texpool as set forth in the body of this resolution; and providing for an effective
date.
The following resolution was considered:
NO. R99-044
A RESOLUTION AMENDING THE AUTHORIZED REPRESENTATIVES OF THE
CITY OF DENTON, TEXAS AUTHORIZED TO TRANSMIT FUNDS FOR
INVESTMENTS IN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL
(“TEXPOOL”) AND TO UNDERTAKE OTHER TRANSACTIONS WITH REGARD
TO INVESTMENT IN TEXPOOL AS SET FORTH IN THE BODY OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs 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.
BUDGET ORDINANCES/RESOLUTIONS
59. The Council considered adoption of an ordinance adopting the budget for the City of
Denton, Texas, for the fiscal year beginning on October 1, 1999, and ending on September 30,
2000; and declaring an effective date.
The following ordinance was considered:
NO. 99-322
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1999, AND
ENDING ON SEPTEMBER 30, 2000; AND DECLARING 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.
City of Denton City Council Minutes
September 7, 1999
Page 24
60. The Council considered adoption of an ordinance levying the ad valorem tax of the City
of Denton, Texas, for the year 1999, on all taxable property within the corporate limits of the
City on January 1, 1999, not exempt by law; providing revenues for payment of current
municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds;
providing for limited exemptions of certain homesteads; providing for enforcement of
collections; providing for a severability clause; and providing an effective date.
The following ordinance was considered:
NO. 99-323
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 1999, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1999, NOT
EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED
EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT
OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
61. The Council considered adoption of an ordinance of the City of Denton, Texas,
approving the 1999 tax rolls; and providing an effective date.
The following ordinance was considered:
NO. 99-324
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1999
TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
62. The Council considered approval of a resolution adopting the Capital Improvement Plan
proposed by the Planning and Zoning Commission and the Public Utilities Board; and providing
for an effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 7, 1999
Page 25
NO. R99-045
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED
BY THE PLANNING AND ZONING COMMISSION AND THE PUBLIC UTILITIES
BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Burroughs 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.
63. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for the Council.
64. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Durrance asked for a report on possible closure of Pennsylvania
and Oakmont Streets in the area of St. Mark’s Church.
B. Council Member Kristoferson requested a work session regarding the TML
information on time limits on planned developments.
C. Council Member Cochran requested information regarding denominational
schools and zoning.
65. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
66. There was no official action on Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned at 12:25 a.m.
___________________________
JACK MILLER, MAYOR
_______________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS