Minutes September 21, 1999CITY OF DENTON CITY COUNCIL MINUTES
September 21, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, September 21, 1999 at 5:15 p.m. in the
Council Work Session Room at City Hall.
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney - Under Tex. Gov't. Code Sec. 551.071; and
Deliberations regarding Real Property - Under Tex. Gov't. Code Sec. 551.072
Discussed the purchase, exchange, lease, or value of property currently
owned by the Denton Independent School District described as
approximately 77 acres on FM 2181 and further described as Baker
Survey, Abstract No. 47, Tracts 1-4; the possible lease or resale of the land
to a private entity for the development of park and athletic facilities; and
consultation with the City's attorneys concerning these transactions where
to discuss such matters in public would conflict with the attorneys' duties
and responsibilities to their client under the Texas Disciplinary Rules of
Professional Conduct.
PRESENT:
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
Regular Meeting of the City of Denton City Council on Tuesday, September 21, 1999 at 6:00
p.m. in the Council Chambers at City Hall
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 July 13, July 20, July 21, and July 27,
1999.
Beasley motioned, Cochran 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 following proclamations:
National Physical Therapy Month
Tblisi. Republic of Georgia Police Department Day
Sickle Cell Anemia Day
4. Presentation of Denton Municipal Electric's State Championship lineman rodeo teams.
City of Denton City Council Minutes
September 21, 1999
Page 2
Sharon Mays, Director of Denton Municipal Electric, gave a brief description of the events and
presented the winners from Denton Municipal Electric lineman rodeo teams.
5. Presentation of "John J. Gunther, Best Practices" awards received by the Community
Development Division from the U.S. Department of Housing and Urban Development.
Barbara Ross, Community Development Administrator, presented the awards to Mayor Miller.
6. Resolution of Appreciation
The Council considered approval of a resolution of appreciation for Ronnye
Erwin.
Cochran motioned, Durrance 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.
B. The Council considered approval of a resolution of appreciation for Hoytt Laumen.
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.
C. The Council considered approval of a resolution of appreciation for Gary Pierce.
Durrance motioned, Kristoferson 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.
CITIZEN REPORTS
7. The Council received a report from Don Crombie regarding the bridge on Jim Christal
Road offMasch Branch Road.
Mr. Crombie was not present at the meeting.
CONSENT AGENDA
Young motioned, Burroughs seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Approved a tax refund to Reddy Ice Corp. for $774.03. Payment received for 1998 tax
was more than amount due, resulting in an overpayment.
City of Denton City Council Minutes
September 21, 1999
Page 3
NO. 99-325
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE. (BID #2378 - PRENATAL PROGRAM FOR LOW-
INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, INC. FOR $20,000)
10.
NO. 99-326
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW
INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2379 -
EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW INCOME FAMILIES
AWARDED TO INTERFAITH MINISTRIES OF DENTON, INC. FOR $15,325)
11
NO. 99-327
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR SELF-SUFFICIENCY PROGRAM; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (BID #2380 - SELF-SUFFICIENCY PROGRAM AWARDED TO HOPE, INC.
IN THE AMOUNT OF $30,000)
12.
NO. 99-328
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS
INTERVENTION AND PREVENTION PROGRAM; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (BID #2381 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS
INTERVENTION AND PREVENTION PROGRAM AWARDED TO FRIENDS OF
THE FAMILY, INC. IN THE AMOUNT OF $40,000)
13
NO. 99-329
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR CONGREGATE AND HOME DELIVERED MEAL PROGRAM
FOR SENIOR CITIZENS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2382 -
CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR
CITIZENS AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC.
(SPAN) IN THE AMOUNT OF $26,000)
City of Denton City Council Minutes
September 21, 1999
Page 4
14.
NO. 99-330
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR INFANT AND CHILDCARE PROGRAMS FOR LOW INCOME
FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID #2383 - INFANT AND
CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO FRED
MOORE DAY NURSERY SCHOOL, INC. IN THE AMOUNT OF $37,000)
15.
NO. 99-331
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID #2384 - CHILDCARE PROGRAMS
FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY
SCHOOL, INC. IN THE AMOUNT OF $23,000)
16.
NO. 99-332
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER
REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID #2393 - UNDERWOOD
SANITARY SEWER REPLACEMENT PHASE I AWARDED TO HENDERSON
CONSTRUCTION, L.L.P. IN THE AMOUNT OF $291,936)
17.
NO. 99-333
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE RELOCATION OF WATER AND SEWER LINES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID #2402 - ARCHER TRAIL UTILITY RELOCATION
AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $331,707.40)
18.
NO. 99-334
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES (DESKTOP COMPUTERS) AS AWARDED
BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE
QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE
PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (P.O. #97875 TO COMPAQ COMPUTER
CORP. IN THE AMOUNT OF $35,420)
City of Denton City Council Minutes
September 21, 1999
Page 5
19.
NO. 99-335
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES (LAPTOP COMPUTERS) AS AWARDED
BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE
QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE
PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (P.O. #97876 TO ARBOR SYSTEMS, INC. IN
THE AMOUNT OF $185,672)
20.
NO. 99-336
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF LABORATORY CASEWORK FURNITURE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID #2396 - LABORATORY CASEWORK RENOVATION
AWARDED TO MGC, INC. IN THE AMOUNT OF $29,569)
21.
NO. 99-337
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID #2399 - COMMUNICATIONS BUILDING
AWARDED TO GFRC SHELTERS IN THE AMOUNT OF $35,339)
22.
NO. 99-338
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR ARMORED CAR SERVICE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2401 - ARMORED CAR SERVICE AWARDED TO LOOMIS FARGO
AND COMPANY IN THE AMOUNT OF $15,588)
23.
NO. 99-339
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION
TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2403 -
DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST BIDDER
TECHLINE, INC., ANNUAL ESTIMATED EXPENDITURE IS $50,000)
24.
NO. 99-340
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
City of Denton City Council Minutes
September 21, 1999
Page 6
AN EFFECTIVE DATE. (BID #2409 - SERVICE CENTER MODULAR FURNITURE
AWARDED TO WORK PLACE SOLUTIONS OF DALLAS IN THE AMOUNT OF
$148,087.40)
25.
NO. 99-341
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF CARPET; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2410 - SERVICE CENTER CARPET AWARDED TO FLOOR
INC./CARPET ONE IN THE AMOUNT OF $51,191)
26.
NO. 99-342
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE DENTON FAMILY RESOURCE CENTER, INC. TO
PROVIDE CHILD ABUSE PREVENTION SERVICES IN ACCORDANCE WITH A
GRANT AND CONTRACT WITH THE CHILDREN'S TRUST FUND OF TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
27.
NO. 99-343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM
AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF
$15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA;
AND PROVIDING FOR AN EFFECTIVE DATE.
28.
NO. 99-344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
29.
NO. 99-345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME
IMPROVEMENT PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 21, 1999
Page 7
30.
NO. 99-346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN
EFFECTIVE DATE.
31.
NO. R99-046
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING
CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE
INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY
SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE.
ANNEXATION
32. The Council considered adopting an ordinance to annex a 168.57 acre tract southeast of
the intersection of Robinson Road and Teasley Lane (FM 2181), in the City of Denton's ET J, to
approve a service plan for the annexed property, to provide a severability clause and to provide
for an effective date. Second reading of ordinance. (4-89, Wheeler Ridge)
The following ordinance was considered:
NO. 99-347
AN ORDINANCE TO ANNEX A 168.57 ACRE TRACT SOUTHEAST OF THE
INTERSECTION OF ROBINSON ROAD AND TEASLEY LANE (FM 2181), IN THE
CITY OF DENTON'S ET J, TO APPROVE A SERVICE PLAN FOR THE ANNEXED
PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR
AN EFFECTIVE DATE.
Young 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.
PUBLIC HEARINGS
33. The Council held a public hearing regarding the draft 1999 Comprehensive Plan.
Council Member Kristoferson asked that the 1.8 population density per unit be put back in the
commentary of the plan. She also felt that the family neighborhood centers should not be
excluded from the density calculations.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 21, 1999
Page 8
The following individuals spoke during the public hearing:
Joyce Poole, 3021 N. Bonnie Brae, - neutral
Jim Alexander, DISD Board President - neutral
Martin Jaerkel, 2111 Emerson, 76201 - favor
The Mayor closed the public hearing.
34. The Council held a public hearing to consider rezoning a 0.45 acre site located at 103
Woodrow Street from an Agricultural (A) zoning district to an Office (O) zoning district. The
property was legally described as .45 acres of land in the J. Brock Survey, Abstract No. 55, in the
City of Denton, Denton County, Texas. The purpose of the zoning change was to allow for the
development of a professional office. The Planning and Zoning Commission recommended
approval (5-0) with conditions. (Z-99-058, 103 Woo&ow)
Mark Donaldson, Assistant Director of Planning, stated the rezoning was for the development of
a professional office. Three conditions were associated with the proposal as noted in the agenda
materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Brad Buchanan spoke in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-348
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO OFFICE CONDITIONED (O[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR .45 ACRES OF LAND
LOCATED AT 103 WOODROW LANE APPROXIMATELY 600 FEET SOUTH OF
EAST MCK1NNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 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.
35. The Council held a public hearing to consider rezoning a 0.58 acre site located at the
northeast corner of Bell Avenue and Windsor Drive from the Planned Development 72 (PD-72)
zoning district to a One-family Dwelling (SF-7) zoning district. The property was legally
City of Denton City Council Minutes
September 21, 1999
Page 9
described as Lot 55, Block A of Cooper Landing, Section Three, Phase B, an addition to the City
of Denton, Denton County, Texas. The purpose of the zoning change was to allow for the
development of single-family housing. The Planning and Zoning Commission recommended
approval (5-0). (Z-99-060, Cooper Landing)
Mark Donaldson, Assistant Planning Director, stated that two SF-7 lots were proposed. The
Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Chris Watts spoke in favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-349
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE PLANNED DEVELOPMENT NO. 72 (PD-72) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE ONE-FAMILY
DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR .58 ACRES OF LAND LOCATED AT THE NORTHEAST
CORNER OF BELL AVENUE AND W1NDSOR DRIVE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z-99-060)
Young 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.
36. The Council held a public hearing and considered zoning 168.57 acres to a Planned
Development (PD) zoning district. The property was located between Nowlin Road, F.M. 2181
(Teasley Lane) and Robinson Road. The proposal was to develop the property for single-family
residential and commercial use. The Planning and Zoning Commission recommended approval
(6-0) with conditions. (Z-99-053, Wheeler Ridge)
Mark Donaldson, Assistant Director for Planning, stated that the proposal was for single-family
residential and commercial use. The Planning and Zoning Commission recommended approval
with the conditions noted in the agenda materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Robert Prendergast, Wheeler Ridge - favor
Bill Anderson, Downing Engineering - favor
City of Denton City Council Minutes
September 21, 1999
Page 10
Dave Hill, 1101 Buena Vista, Denton - opposition
Rick Woolfolk, DISD Board - neutral
Todd Patton, DISD Planning Director - neutral
Pendergrass spoke in rebuttal to the opposition.
The Mayor closed the public hearing.
Council debated the pros and cons of the proposal. Discussion included the amenities of the
proposal, lot size, a school site, and construction materials.
Beasley motioned, Durrance seconded to postpone the proposal for two weeks to allow the
developer to have additional discussions with the DISD and the residents of the Oaks of
Montecito. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye",
Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carried with a 4-3 vote.
37. 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
Road. Light industrial use was proposed. The Planning and Zoning Commission recommended
approval (7-0). (Z-99-043, Mingo/Loop 288)
Mark Donaldson, Assistant Planning Director, stated that uses for the property remained at light
manufacturing. No TNRCC air quality permit would be needed for the proposed uses.
The Mayor reopened the postponed public hearing.
The following individuals spoke during the public hearing:
Greg Edwards, Metroplex Engineering - favor
Paul Reese, 311 Hartlee Field Road, 76201 - opposition
Ed Soph, 1620 Victoria Drive, 76201 - opposition
Carol Soph, 1620 Victoria Drive, 76201 - opposition but not speaking
The Mayor closed the public hearing.
Burroughs motioned, Young seconded to approve the proposal with the proposed inclusive
conditions plus striking the portion of page 10 describing light manufacturing. On roll vote,
Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young
"aye", and Mayor Miller "aye". Motion failed with a 3-4 vote.
38. The Council continued 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, a neighborhood center, parkland and
open space were proposed. The Planning and Zoning Commission recommended approval (5-1)
with conditions. (Z-99-040, Willow Lakes WesO
City of Denton City Council Minutes
September 21, 1999
Page 11
Mark Donaldson, Assistant Planning Director, stated that the proposal was for 278 single-family
dwelling units, a 15-acre school site, parkland and open space. Council had postponed the
hearing on September 7, 1999 to allow the Argyle Independent School District time to evaluate
the proposed school site.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Sue Blankenship, representing the developer - favor
Quentin Burnett, Argyle ISD - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-350
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 99-205 TO PROVIDE FOR A DETAILED PLAN FOR 108.3 ACRES LOCATED
WITHIN PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT; THE
SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED NORTH
OF THE CITY OF ARGYLE BETWEEN INTERSTATE 35W AND JOHN PAINE
ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z-99-040)
Beasley motioned, Burroughs seconded to adopt the ordinance with the revisions as indicated in
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.
39. The Council held a public hearing and considered approval of the proposed rezoning of
0.241 acres commonly known as 415 and 417 Egan Street from a two-family dwelling (2-F)
zoning district to a multi-family dwelling-1 (MF-1) zoning district. The Planning and Zoning
Commission recommended rezoning the subject properties to multi-family restricted (MF-R).
The Property was legally described as being part of Lot 7, Block 2 of the Barb's Addition in the
City of Denton, Denton County, Texas. The Planning and Zoning Commission recommended
approval to MF-R (6-1) with conditions. (Z-99-021, 415-417Egan StreeO
Mark Donaldson, Assistant Planning Director, stated that staff had received a verbal request
from the applicant to postpone consideration of the item due to his inability to attend the
meeting. The density of the project had been reduced to 4 units maximum on the property.
The Mayor opened the public hearing.
Burroughs motioned, Young seconded to postpone the public hearing to the next available
meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
City of Denton City Council Minutes
September 21, 1999
Page 12
40. The Council held a public hearing and considered rezoning 23.0 acres from an
Agricultural (A) zoning district to a Single-Family 7 (SF-7) zoning district. The subject property
was located on the south side of Ryan Road approximately 1,320 feet west of Teasley Lane
(F.M. 2181 ) and immediately west of the Hickory Creek Heights subdivision. The proposal was
to develop a single-family subdivision with a minimum lot size of 7,000 square feet. The
Planning and Zoning Commission recommended approval (5-0). (Z-99-062, Briscoe Clark Co.)
Mark Donaldson, Assistant Planning Director, stated that the proposal was for single-family
development with minimum lot sizes of 7,000 square feet.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Robie Clark, developer - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-351
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO A SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 22.982 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF RYAN ROAD APPROXIMATELY 1,320
FEET WEST OF TEASLEY LANE (F.M. 2181) AND IMMEDIATELY WEST OF
THE HICKORY CREEK HEIGHTS SUBDIVISION; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z-99-062)
Young motioned, Burroughs seconded to adopt the ordinance.
Council discussed whether to include a site plan review prior to approval.
Clark indicated that they were making a contribution to the signal light at Teasley and Mayhill
and to the lift station in that area. This was transitional zoning from mobile home parks to SF-6
to SF-7. He requested that Council approve the plan with a landscape plan that would not be too
onerous to the developer.
Donaldson suggested to limit the site plan review to elements of landscaping in the protected
area with a layout provided as general reference with maximum tree preservation as a goal.
There would be no clear cutting on the site.
Hill suggested that a staff member could be delegated to monitor an administrative site plan
review with minimum loss of vegetation.
City of Denton City Council Minutes
September 21, 1999
Page 13
Young agreed to include in his motion and Burroughs to his second an amendment providing for
a landscape review with a tree preservation plan plus a maximum of 3.2 lots per acre for the
gross density. This would be returned to Council with no public hearing involved. 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..
41. The Council held a public hearing and considered rezoning 201-215 E. Oak Street from a
Commercial (C) zoning district to a Central Business (CB) zoning district. The 0.70 acre
property was located on the north side of E. Oak Street between Austin Street and Oakland
Street. The proposal was to redevelop the site with a mix of residential, office and commercial
uses. The Planning and Zoning Commission recommended approval (5-0) with conditions. (Z-
99-057, 201-215 E. Oak Street)
Mark Donaldson, Assistant Planning Director, stated that this site was in the downtown area and
was adjacent to the Central Business District. One of the biggest factors was that non-residential
uses were not required to provide off-street parking spaces. A point at the Planning and Zoning
Commission meeting centered on the existing historic structures in the area. The Planning and
Zoning Commission recommended that any improvements would preserve the historic character
of the neighborhood as related to architecture and landscaping. That would allow for a great
variety of commercial, office, retail and residential uses.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Mike Kevlin, applicant – favor
The Mayor closed the public hearing.
Council Member Cochran expressed a concern about the possibility of the property changing to
commercial in the future with no parking provided. He suggested a condition be added to
address that concern.
The following ordinance was considered:
NO. 99-352
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM A COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO A CENTRAL BUSINESS CONDITIONED (CB[c])
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.70
ACRES OF LAND LOCATED 201-215 E. OAK STREET ON THE NORTH SIDE OF
EAST OAK STREET BETWEEN AUSTIN STREET AND OAKLAND STREET;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-00-
057)
City of Denton City Council Minutes
September 21, 1999
Page 14
Cochran motioned, Beasley seconded to adopt the ordinance with the conditions as noted by the
Planning and Zoning Commission plus a provision for adequate parking for commercial zoning.
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 the second of two public hearings regarding the proposed disannexation
and release from the City’s Extraterritorial Jurisdiction of the following properties:
1. Tract 1. Oakmont II. 2.107 acres, located north of Robinson Road
2. Tract 2. Oakmont IV. 10.603 acres, located south of Robinson Road
3. Tract 3. Oakmont IV. 5.709 acres, located south of Robinson Road
The Mayor opened the public hearing.
Tim May, engineer for the project - favor
The Mayor closed the public hearing.
43. The Council held the second of two public hearings regarding the proposed annexation of
the following properties:
1. Tract 1. Oakmont II. 1.469 acres, located north of Robinson Road
2. Tract 2. Oakmont II. 0.083 acres, located north of Robinson Road
3. Tract 3. Oakmont IV. 17.110 acres, located south of Robinson Road
4. Tract 4. Oakmont IV. 0.062 acres, located south of Robinson Road
The Mayor opened the public hearing.
No one during the public hearing.
The Mayor closed the public hearing.
SITE PLAN REVIEW
44. The Council considered approval of an alternative landscape plan, regarding perimeter
screening of a parking lot, for Southmont Baptist Church located at 2801 Pennsylvania Avenue.
The Planning and Zoning Commission recommended approval (5-0) with conditions. (ALP-99-
001, Southmont Baptist Church)
Mark Donaldson, Assistant Planning Director, stated that the developer was expanding the
property to include an area greater than 50% of the current floor area which triggered compliance
with the landscape ordinance over the entire piece of property. The ordinance did allow for an
alternative landscape plan approved by Council. The Planning and Zoning Commission added a
condition that four additional trees be added along the Teasley Lane right-of-way.
Young motioned, Kristoferson seconded to approve the proposal. 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 21, 1999
Page 15
ITEMS FOR INDIVIDUAL CONSIDERATION
45. The Council was to have considered adoption of the ordinance of the City of Denton,
Texas, adopting Standards of Care for youth programs administered by Denton’s Parks and
Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and
providing an effective date.
This item was pulled from consideration.
46. The Council considered approval of a resolution reviewing and adopting the investment
policy for funds for the City of Denton; designating an investment officer; providing a savings
and repealing clause; and providing an effective date.
The following resolution was considered:
NO. R99-047
A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR
FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT
OFFICER; PROVIDING A SAVINGS AND REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young 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.
47. The Council considered approval of a resolution approving the Fiscal Year 2000 Budget
of the Denco Area 9-1-1 District, pursuant to Tex. Health & Safety Code § 772.309; and
providing an effective date.
The following resolution was considered:
NO. R99-048
A RESOLUTION APPROVING THE FISCAL YEAR 2000 BUDGET OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH & SAFETY CODE
§ 772.309; AND PROVIDING AN EFFECTIVE DATE.
Burroughs 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.
48. The Council considered approval of a resolution of the City of Denton, Texas approving
the 1999-2000 budget of the Denton Central Appraisal District; and declaring an effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 21, 1999
Page 16
NO. R99-049
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 1999-2000
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING 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.
49. The Council considered approval of a resolution appointing Sandy Kristoferson to the
Board of Directors of the Texas Municipal Power Agency; and declaring an effective date.
The following resolution was considered:
NO. R99-050
A RESOLUTION APPOINTING SANDY KRISTOFERSON TO THE BOARD OF
DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING
AN EFFECTIVE DATE.
Cochran motioned, Beasley 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.
50. The Council considered appointing a voting delegate and an alternate voting delegate to
the National League of Cities Annual Congress of Cities.
Mayor Miller and Mayor Pro Tem Beasley were nominated as voting and alternate voting
delegates. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
51. The Council considered adoption of an ordinance authorizing the City Manager to enter
into an agreement for holdover of existing electric franchise agreement and ordinance by and
between the City of Denton and TXU Electric; and providing an effective date.
The following ordinance was considered:
NO. 99-353
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR HOLDOVER OF EXISTING ELECTRIC FRANCHISE
AGREEMENT AND ORDINANCE BY AND BETWEEN THE CITY OF DENTON
AND TXU ELECTRIC; AND PROVIDING AN EFFECTIVE DATE.
Young 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.
City of Denton City Council Minutes
September 21, 1999
Page 17
Burroughs motioned, Young seconded to table Items #52-61, excluding Items #53, #57 and #60
and discuss the resolutions at a future work session. On roll vote, Beasley “aye”, Burroughs
“aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
52. The Council was to have considered approval of a resolution of the City Council of the
City of Denton requesting the Texas Municipal League to support legislation that would exempt
municipalities from state-mandated sales tax “holidays”, allowing municipalities to tax internet
sales, and exempting municipalities from property tax exemptions; and providing for an effective
date.
This item was tabled.
53. The Council considered approval of a resolution of the City Council of the City of
Denton requesting the Texas Municipal League to support independent school districts’ efforts to
expand Texas Local Government Code Section 395.001 to include authority for implementation
of impact fees for school facilities; and providing for an effective date.
The following resolution was considered:
NO. R99-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT INDEPENDENT
SCHOOL DISTRICTS’ EFFORTS TO EXPAND TEXAS LOCAL GOVERNMENT
CODE SECTION 395.001 TO INCLUDE AUTHORITY FOR IMPLEMENTATION OF
IMPACT FEES FOR SCHOOL FACILITIES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to approve the resolution. 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.
54. The Council was to have considered approval of a resolution of the City Council of the
City of Denton requesting the Texas Municipal League to support redistricting efforts, which do
not divide municipalities among numerous representatives; and providing for an effective date.
This item was tabled.
55. The Council considered approval of a resolution of the City Council of the City of
Denton requesting the Texas Municipal League support legislation for public transportation
initiatives that are conducive to both alleviating congestion and minimizing negative impacts to
the environment, specifically air quality; and providing for an effective date.
This item was tabled.
City of Denton City Council Minutes
September 21, 1999
Page 18
56. The Council was to have considered approval of a resolution of the City Council of the
City of Denton requesting the Texas Municipal League to oppose any legislation that would
diminish or eliminate a municipality’s right to require utilities to execute franchises to use city
rights-of-way and to receive fair market rental for the use of such rights-of-way; and providing
for an effective date.
This item was tabled.
57. The Council considered approval of a resolution of the City Council of the City of
Denton requesting the Texas Municipal League to support municipalities’ rights to assess impact
fees for services such as roads, water and wastewater services, drainage utilities, and flood
control facilities; and providing for an effective date.
The following resolution was considered:
NO. R99-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT
MUNICIPALITIES’ RIGHTS TO ASSESS IMPACT FEES FOR SERVICES SUCH AS
ROADS, WATER AND WASTEWATER SERVICES, DRAINAGE UTILITIES, AND
FLOOD CONTROL FACILITIES; 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 “nay”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
58. The Council was to have considered approval of a resolution of the City Council of the
City of Denton requesting the Texas Municipal League to support legislation to ease restrictions
placed on a municipality’s ability to annex land in its extraterritorial jurisdiction; and providing
for an effective date.
This item was tabled.
59. The Council was to have considered approval of a resolution of the City Council of the
City of Denton requesting the Texas Municipal League to oppose any legislation imposing
mandatory collective bargaining for public safety personnel; and providing for an effective date.
This item was tabled.
60. The Council considered approval of a resolution of the City Council of the City of
Denton requesting that the Texas Municipal League support legislation discouraging water
districts to form within a city’s extraterritorial jurisdiction and to remove the requirement forcing
municipalities to purchase the water district’s assets prior to annexation; and providing for an
effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 21, 1999
Page 19
NO. R99-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
REQUESTING THAT THE TEXAS MUNICIPAL LEAGUE SUPPORT
LEGISLATION DISCOURAGING WATER DISTRICTS TO FORM WITHIN A
CITY’S EXTRATERRITORIAL JURISDICTION AND TO REMOVE THE
REQUIREMENT FORCING MUNICIPALITIES TO PURCHASE THE WATER
DISTRICT’S ASSETS PRIOR TO ANNEXATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
61. The Council was to have considered approval of a resolution of the City Council of the
City of Denton requesting the Texas Municipal League to support legislation modifying the
th
notice requirements for wastewater discharges as set forth in the 76 Texas Legislature’s HB
1074; and providing for an effective date.
This item was tabled.
62. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
63. New Business
There were no items of New Business suggested by Council Members.
64. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
65. 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 12:20 a.m.
_______________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS