Minutes November 16, 1999CITY OF DENTON CITY COUNCIL MINUTES
November 16, 1999
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, November 16, 1999 at 5:15 p.m. in the
Council Work Session Room at City Hall.
Item 1. A. of the Closed Meeting agenda listed below was presented at a Joint Meeting of the
City Council and the Public Utilities Board at the above time and location. The Public Utilities
Board had separately posted notice of this Joint Meeting, which commenced at the City
Council's regular Closed Meeting time. Once the City Council had determined that a quorum of
the City Council was present, and the City Council convened in an Open meeting; then the City
Council convened a Closed Meeting.
Thereafter, after determining that a quorum of the Public Utilities Board was present and
convening in an Open Meeting, the Public Utilities Board convened in a Closed Meeting on
Tuesday, November 16, 1999 at 5:15 p.m. in the City of Denton Council Work Session Room,
Denton City Hall. Thereafter, the City Council and the Public Utilities Board commenced their
Joint Meeting.
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive
Matters --- Under TEX. GOV'T. CODE Section 551.086'*; Deliberations
Concerning Real Property --- Under TEX. GOV'T. CODE Section 551.072; and
Consultation With Attorney --- Under TEX. GOV'T CODE Section 551.071.
(1) Considered, deliberated, and discussed the valuation of and
the possible sale, transfer, assignment, or other divestiture of real property
pertaining to the City of Denton's electric utility system, including,
without; limitation: the Gibbons Creek generation facility located in
Grimes County, Texas; the Spencer generation facility located on Spencer
Road in Denton, Denton County, Texas; the two hydroelectric facilities
located in Denton County, Texas; and other components of the City's
electric generation assets. Conducted a consultation with the City's
attorneys, in order to obtain the advice and recommendations of the City's
attorneys concerning the above-referenced issues, where to discuss such
issues and matters in a public meeting would conflict with the attorney's
duties and professional responsibilities to their client under the Texas
Disciplinary Rules of Professional Conduct.
Following the completion of Closed Meeting Agenda Item 1. A. the Joint Meeting of the City
Council and the Public Utilities Board adjourned.
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, November 16, 1999 at 6:30
p.m. in the Council Chambers at City Hall.
City of Denton City Council Minutes
November 16, 1999
Page 2
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 October 4, October 5, October 12,
October 13, October 14, and October 19, 1999.
Mayor Pro Tem Beasley asked for a correction to the October 13th meeting.
Cochran motioned, Beasley seconded to approve the minutes with a correction to the October
13th meeting. 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. Awards
a. Presentation of the 1999 Excellence in Public Procurement Award to the City of
Denton's Purchasing Department
b. Presentation of the National Association of Telecommunications Officers and
Advisers 1999 Programming Award
c. Presentation of gift to the Denton Parks Foundation and the City of Denton by
Huffines Corporation.
4. Proclamations
a. Denton Family Unity Week
Mayor Miller presented a proclamation for Denton Family Unity Week.
CONSENT AGENDA
Cochran motioned, Durrance seconded to approve the Consent Agenda and 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.
5. Approved a tax refund to Dentex Title Company for William Schoen in the amount of
$1,500.49. The 1998 property taxes were paid twice.
6. No. 99-416
AN ORDINANCE RESCINDING THE AWARD OF A PUBLIC WORKS CONTRACT
TO GREAT SOUTHWESTERN CONSTRUCTION, INC., FOR THE
CONSTRUCTION OF 69KV TRANSMISSION FACILITIES IN THE AMOUNT OF
City of Demon City Council Minutes
November 16, 1999
Page 3
$1,310,622 (ORDINANCE 99-394) AND AWARDING A PUBLIC WORKS
CONTRACT AND PROVIDING EXPENDITURE OF FUNDS FOR EMERGENCY
CONSTRUCTION OF A 69 KV TRANSMISSION FACILITIES IN ACCORDANCE
WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AN
EFFECTIVE DATE. (PO #00983 - GREAT SOUTHWESTERN CONSTRUCTION,
INC. IN THE AMOUNT OF $1,393,814.62.)
NO. 99-417
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH COLLIN COUNTY, TEXAS TO AUTHORIZE
PARTICIPATION IN VARIOUS COLLIN COUNTY, TEXAS CONTRACTS FOR
THE PURCHASE OF VARIOUS GOODS AND SERVICES AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE
DATE. (FILE #2437 - INTERLOCAL AGREEMENT WITH COLLIN COUNTY,
TEXAS)
NO. 99-418
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF COPY MACHINE MAINTENANCE AVAILABLE FROM ONLY
ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND APPROVING AN EFFECTIVE DATE. (PO #00194 TO DANKA OFFICE
IMAGING IN THE AMOUNT OF $26,760 PER YEAR THROUGH JANUARY 2002)
NO. 99-419
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIPHERALS,
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (PO #00972 - MEDTRONIC PHYSIO-CONTROL FOR LIFEPAK 12
DEFIBRILLATORS, MONITORS AND PERIPHERALS AND UPGRADES TO
LIFEPAK 10 DEFIBRILLATORS, IN THE AMOUNT OF $98,201.50)
10.
NO. 99-420
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER
OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES
COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (PO #00974 TO FMS TECHNOLOGIES,
INC. IN THE AMOUNT OF $35,490)
City of Demon City Council Minutes
November 16, 1999
Page 4
11
NO. 99-421
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO CARROLL BOULEVARD FROM COLLINS STREET TO
SHERMAN DRIVE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
12.
NO. 99-422
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO U.S.
380; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
13
NO. 99-423
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS
AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS
OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
14.
NO. 99-424
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
15.
NO. 99-425
AN ORDINANCE ADOPTING A CITY LOGO, TO BE USED AS THE OFFICIAL
LOGO OF THE CITY OF DENTON AND ADOPTING A LOGO TO BE USED AS
THE OFFICIAL LOGO FOR THE FLAG OF THE CITY OF DENTON.
16.
NO. R99-062
A RESOLUTION APPROVING CITY POLICIES ESTABLISHING THE CITY OF
DENTON PUBLICATION AND USAGE STANDARDS REGARDING THE
OFFICIAL CITY LOGO, LOGO FOR CITY OF DENTON FLAG, MUNICIPAL
ELECTRIC LOGO, AND GRAPHIC IDENTITY MARKERS.
ANNEXATIONS
17. The Council considered adoption of an ordinance to volumarily annex approximately
34.40 acres of land located on the south side of E1 Paseo Drive, between Forrestridge Drive and
Montecito Drive, to approve a service plan for the annexed property, to provide a severability
City of Denton City Council Minutes
November 16, 1999
Page 5
clause and to provide for an effective date. Second reading of the ordinance. (A-90, Shadow
Brook Place)
The following ordinance was considered:
NO. 99-426
AN ORDINANCE TO VOLUNTARILY ANNEX APPROXIMATELY 34.40 ACRES
OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO DRIVE, BETWEEN
FORRESTRIDGE DRIVE AND MONTECITO DRIVE, TO APPROVE A SERVICE
PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY
CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to adopt the ordinance.
Mayor Miller indicated that there were Speaker Cards for this item.
Beverly Stephens, 420 E1 Paseo, Denton, 76205 - favor
Robert Heilig, 809 Ryan Rd., Denton, 76205 - opposition
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
18. The Council considered adoption of an ordinance to voluntarily disannex and release
from the city's extraterritorial jurisdiction approximately 2.1 acres located west of State School
Road, north of its intersection with Robinson Road in the Oakmont II subdivision; and to provide
an effective date. Second reading of the ordinance. (A-92, Oakmont II)
The following ordinance was considered:
NO. 99-427
AN ORDINANCE TO VOLUNTARILY DISANNEX AND RELEASE FROM THE
CITY'S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 2.1 ACRES
LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF ITS INTERSECTION
WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; AND TO
PROVIDE 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.
19. The Council considered adoption of an ordinance to voluntarily disannex and release
from the city's extraterritorial jurisdiction approximately 16.3 acres located south of Robinson
Road in the Oakmont IV subdivision; and to provide an effective date. Second reading of the
ordinance. (A-93, Oakmont IV)
The following ordinance was considered:
City of Denton City Council Minutes
November 16, 1999
Page 6
NO. 99-428
AN ORDINANCE TO VOLUNTARILY DISANNEX AND RELEASE FROM THE
CITY'S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 16.3 ACRES
LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION;
AND TO PROVIDE 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.
PUBLIC HEARINGS
20. The Council held a public hearing to consider designating a certain area within the John
Davis Survey, Abstract 326, James Perry Survey, Abstract 1040, and Eugene Puchalski Survey,
Abstract 996, being approximately 100 acres near Airport Road and Precision Drive and being
more fully described in the notice of public hearing as Reinvestment Zone II for
commercial/industrial tax abatement purposes. Interested persons were invited to present
evidence for or against the designation of the reinvestment zone, the boundaries of the proposed
reinvestment zone, whether all or part of the territory described should be included in the
proposed reinvestment zone, and the concept of tax abatement.
Linda Ratliff, Director of Economic Development, stated that the purpose of the zone was to
consider a tax abatement agreement with Peterbilt.
The Mayor opened the public hearing.
The following individuals spoke during the pubic hearing:
Ed Soph, 1620 Victoria, Denton, 76201 - opposition
Monika Antonelli, 1202 Oakwood, Denton, 76205 -opposition
Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 - opposition
Mayor Miller indicated that he had the following Speaker Cards from individuals who did not
wish to address the Council:
Jeffrey Levy, 1610 E. McKinney, #1813, Denton, 76201 - opposition
Mark Coomes, P.O. Box 343, Denton, 76202 - opposition
Elda Robert Ginn, 3406 Bob-O-Link, Denton, 76201 - opposition
Carol Soph, 1620 Victoria, Denton, 76201 - opposition
E. Parks Olmon, 4401 E. University, Denton, 76208 - opposition
James Rogers, 3000 Santa Monica, Denton, 76205 - opposition
Mayor closed the public hearing.
21. The Council continued a public hearing from Oct. 19th, 1999, and considered adoption of
an ordinance of the City of Denton, Texas adopting the Comprehensive Plan as an official policy
document intended to guide future community growth and development decision-making as
City of Denton City Council Minutes
November 16, 1999
Page 7
authorized by Chapter 219 of the Texas Local Government Code and Charter of the City of
Denton; providing for the repeal of all ordinances in conflict herewith; providing a severability
clause; providing a savings clause; and providing an effective date.
Dave Hill, Assistant City Manager for Development Services, stated that Council decided to
continue the public hearing from October 19th which would move adoption of the plan to
December 7th. The intent of this meeting was to continue the public hearing to December 7th and
to receive additional information from the DISD.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Robyn Mulldendore, 1139 Oakhurst, Denton, 76205 - favor
Beasley motioned, Burroughs seconded to postpone the public hearing and continue it on
December 7th. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
22. The Council held a public hearing and considered approval of a resolution that
demonstrates compliance with Senate Bill Number 89, effective September 1st, 1999, that
requires municipalities to adopt an annexation plan as required by Section 43.052 of the Texas
Local Government Code, on or before December 31st, 1999, that becomes effective December
31st, 1999.
Dave Hill, Assistant City Manager for Development Services, stated that the resolution complied
with the minimum requirements of Senate Bill 89 for annexations. Much of the contents of the
bill dealt with annexation of populated areas and did not affect Denton very dramatically. It was
proposed to declare that Denton had no land that would add to a mandated 3 year annexation
plan. It also directed the web master to post this resolution on the web site as per state law.
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. R99-063
A RESOLUTION THAT DEMONSTRATES COMPLIANCE WITH SENATE BILL
NUMBER 89, EFFECTIVE SEPTEMBER lST, 1999, THAT REQUIRES
MUNICIPALITIES TO ADOPT AN ANNEXATION PLAN AS REQUIRED BY
SECTION 43.052 OF THE TEXAS LOCAL GOVERNMENT CODE, ON OR BEFORE
DECEMBER 31sT, 1999, THAT BECOMES EFFECTIVE DECEMBER 31sT, 1999.
City of Denton City Council Minutes
November 16, 1999
Page 8
Kristoferson motioned, Durrance seconded to adopt the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
PUBLIC HEARINGS-ZONING
23. The Council held a public hearing and considered rezoning approximately 47 acres from
an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property
was located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of
the intersection with Trinity Road. Development of a single-family subdivision with a minimum
5,500 square foot lot size was proposed. The Planning and Zoning Commission recommended
approval (6-1) with conditions. (Z-99-046, Lakeview Ranch - PD)
Mark Donaldson, Assistant Planning Director, stated that staff had received a fax from the
applicant requesting to postpone the public hearings for Lakeview Ranch. He suggested the
Council open the public hearing and continue it to a date not yet determined.
The Mayor opened the public hearing.
David Morris, 9842 Angel Bend, Denton, 76208 - opposition
Mayor Miller indicated he had the following Speaker Cards from individuals who did not wish to
address the Council:
Russell Bates, 2185 Wood Hollow, Denton, 76208 - opposition
Lanita Morris, 9842 Angel Bend, Denton, 76208 - opposition
Ralph Thomas and Gayla Bridges, 8098 E. McKinney, Denton 76208 - opposition
Joanna Bates, 2185 Wood Hollow, Denton, 76208 - opposition
Pam Mason, 9916 Angel Bend, Denton, 76208 - opposition
Darlene Angel, 2086 Wood Hollow Road, Denton, 76208 - opposition
Oleta Kate Bridges, 8144 E. McKinney, Denton 76208 - opposition
Anna Bell Blackwell Briggs, 9828 Angel Bend, Denton, 76208 - opposition
Nina Blackwell Jackson, 313 Windjammer, Wichita Falls, 76308 - opposition
James Bridges, Rt. 2, Box 636D, Denton 76208 - opposition
Kristoferson motioned, Beasley seconded to continue the public hearing until January 4, 2000.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
24. The Council held a public hearing and considered rezoning approximately 410 acres from
an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres,
Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13) zoning
district on about 192 acres. The property was located between University Drive (HWY 380) and
McKinney Street (F.M. 426) east of Mayhill Road. Development of a mix of single-family lots
and housing types was proposed. The Planning and Zoning Commission recommended approval
(7-0) with conditions. (Z-99-072, Lakeview Ranch)
City of Denton City Council Minutes
November 16, 1999
Page 9
Mark Donaldson, Assistant Planning Director, stated that staff had received a fax from the
applicant requesting to postpone the public hearings for Lakeview Ranch. He suggested the
Council open the public hearing and continue it to a date not yet determined.
The Mayor opened the public hearing.
No one spoke during the public hearing.
Burroughs motioned, Beasley seconded to continue the public hearing until January 4th. On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
25. The Council held a public hearing and considered zoning approximately 34 acres to One
Family Dwelling (SF-16) zoning district and land use classification. The property was located
south of E1 Paseo Drive, between Forrestridge Drive and Montecito Drive. Single family
residential development was proposed. The Planning and Zoning Commission recommended
approval (5-0). (Z-99-051, Shadow Brook Place)
Mark Donaldson, Assistant Planning Director, stated that the request was for single family
zoning with minimum lot size of 16,000 square feet. Surrounding areas had the same zoning.
The Planning and Zoning Commission recommended approval with no conditions.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Beverly Stephens, 420 E1 Paseo, Denton, 76205 - favor
Helmut Knefely, 401 San Sabastian - opposition to flood plain proposal and water level
Melissa Lux, 400 San Sabastian, Denton, 76205 - opposition
Stanley Ratliff, 801 Ryan Road, Denton, 76205 - opposition
Roger Nunn, 401 Santiago, Denton, 76205 - opposition
Larry Tubbs, 404 Santiago, Denton, 76205 - opposition
Myra Crownover, 3710 Granada Trail, Denton, 76205 - opposition
Ann Tubs, 404 Santiago Place, Denton, 76205 - opposition
Robert Hiley, 208 Ryan Road, Denton, 76205 - opposition
Rebuttal by Stephens
Kristoferson motioned, Cochran seconded to postpone consideration and continue the public
hearing until December 7th in order to assess the situation and to try and mitigate what had
already been done.
Hill stated that the annexation of the area would vest municipal authority and Council could
direct staff through planning and utilities to look at options for zoning. Staff could evaluate what
currently was on the site and look for methods of restoration of the area.
City Attorney Prouty stated that annexation would also vest other city ordinances regarding flood
plain, etc.
Ms. Stephens suggested a postponement until the engineering study was completed.
City of Denton City Council Minutes
November 16, 1999
Page 10
Mayor Miller suggested a postponement until a date certain or until the Planning Department
was satisfied that the proposal was ready to proceed.
City Attorney Prouty suggested continuing the public hearing to a date certain in January subject
to the engineering study being completed by that date. If the study were not done by that date,
the proposal might have to be readvertised in the paper.
Hill recommended a reconsideration date of January 18th subject to the completion of the
engineering study.
On roll vote to postpone consideration and continue the public hearing on January 18th subject to
the completion of the engineering study, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Kristoferson motioned, Young seconded to reconsider the effective date of the annexation
ordinance passed on #17. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
Kristoferson motioned, Young seconded to change the effective date of the annexation ordinance
passed in Item #17 to November 16, 1999. On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye".
Motion carried unanimously.
26. The Council held a public hearing and considered amending the Concept Plan for the
Planned Development 132 (PD 132) zoning district. The request was to amend the definition of
a "front yard" for single-family lots. The intent was to allow porches to extend into the front
yard. The 428 acre property was located to the north of Shady Shores Road and on the east side
of Swisher Road. The Planning and Zoning Commission recommended denial (5-2). (Z-99-
067, The Preserve)
Mark Donaldson, Assistant Planning Director, stated that this request was to amend the text of
the Planned Development to allow for porches to extend into the front yard of the single family
lots. A super majority vote by Council was needed for approval as the Planning and Zoning
Commission had voted to deny the request.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Marc Footlick, 4000 West Windsor Drive, Flower Mound - favor
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
November 16, 1999
Page 11
NO. 99-429
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE AREA REGULATIONS AS THEY PERTAIN TO THE
DEFINITION OF A "FRONT YARD" OF ORDINANCE 98-394 WHICH APPROVED
AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD132)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 427.616
ACRES OF LAND LOCATED TO THE NORTH OF SHADY SHORES ROAD AND
THE EAST SIDE OF SWISHER ROAD; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDNG FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY CLUASE; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z-99-067)
Cochran motioned, Burroughs seconded to adopt the ordinance with the addition of language in
the definitions to preclude having a garage or carport as part of the porch. 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.
27. The Council held a public hearing and considered rezoning approximately 4.7 acres from
the Planned Development 12 (PD-12) zoning district to Office (O) and Commercial (C) zoning
districts. The property was located at the southeast corner of 1-35E and State School Road. The
purpose of the zoning change was to develop a cancer treatment clinic and expand an auto
dealership. The Planning and Zoning Commission recommended approval (6-1) with conditions.
(Z-99-076, Denton Cancer Center)
Mark Donaldson, Assistant Planning Director, stated that two zoning districts were proposed.
One district was for an office and one for commercial zoning. The Planning and Zoning
Commission had recommended approval with conditions.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
James Wood, 3906 I35E South, Denton, 76202 - favor with a request to be exempted
from the condition of adding additional canopy trees.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-430
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (O[C])
AND COMMERCIAL CONDITIONED (C[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 4.701 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 35E AND STATE
City of Denton City Council Minutes
November 16, 1999
Page 12
SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THERELF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDNG FOR AN
EFFECTIVE DATE. (Z-99-076)
Young motioned, Burroughs seconded to adopt the ordinance as recommended by the Planning
and Zoning Commission with the removal of condition #6 from the commercial zoning
requirements. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
28. The Council held a public hearing and considered a Detailed Plan for a Planned
Development (PD-178) zoning district. The 1.29 acre property was located at 3020 Country
Club Road. The proposal was for a zone change from Light Industrial (LI) to a Planned
Development District to build a duplex on the lot. The Planning and Zoning Commission
recommended approval (7-0). (Z-99-078, Arrington Addition)
Mark Donaldson, Assistant Planning Director, stated that the applicant was asking to change the
zoning from light industrial to planned development to allow for construction of a second duplex
on the property. There currently was a single story duplex on the property.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Pauline Arrington, property owner - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-431
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM A LIGHT INDUSTRIAL (LI) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT
(PD-178) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.29 ACRES OF LAND LOCATED AT 3020 COUNTRY CLUB ROAD AND
APPROVING A DETAILED PLAN; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDNG A
SEVERABILITYU CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-
99-078)
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
29. The Council held a public hearing and considered a Detailed Plan for an amendment to
the Planned Development 35 (PD-35) zoning district. The 7.626 acre property was generally
City of Denton City Council Minutes
November 16, 1999
Page 13
located on the corner of U.S. Hwy 377 and the Santa Fe Railway, west of F.M. 1830. The
proposal was to amend the original Detailed Plan for PD-35 from a multi-family use of 15 lots
with 60 dwelling units to a single-family use consisting of 40 lots. The Planning and Zoning
Commission recommended approval (7-0). (Z-99-079, Bent Creek Estates)
Mark Donaldson, Assistant Planning Director, stated that this request was for an amendment to
the detailed plan to change the zoning to single family lots instead of the current multi-family
usage.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
D. R. Cameron, 2300 Highland Village Road, Highland Village - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-432
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 97-205, TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR
PLANNED DEVELOPMENT (PD-35), BY APPROVING A REVISED DETAILED
PLAN FOR 7.626 ACRES OF LAND LOCATED ON THE CORNER OF U.S.
HIGHWAY 377 AND THE STANTA FE RAILWAY, WEST OF F.M. 1830;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDNG FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (Z-99-079)
Young motioned, Burroughs seconded to adopt the ordinance as recommended by the Planning
and Zoning Commission.
Mayor Pro Tem Beasley suggested a friendly amendment to change the condition to include 75%
brick on the exterior of the homes except for the door and windows.
Council Members Young and Burroughs accepted that amendment to the motion.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
PUBLIC HEARINGS-ANNEXATIONS
30. The Council held the second of two public hearings regarding a proposed voluntary
annexation of approximately 24 acres located at the southwest corner of Silver Dome and Cooper
Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of
annexation would be Agricultural (A). (A-96, Silver Dome at Cooper Creek)
City of Denton City Council Minutes
November 16, 1999
Page 14
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Christopher Jackson, 600 North Pearl, Suite 650, Dallas, 75201 - favor
The Mayor closed the public hearing.
ITEMS FOR INDIVIDUAL CONSIDERATION
31. The Council considered adoption of an ordinance designating a certain area within the
city limits of Denton as Reinvestment Zone II for commercial/industrial tax abatement;
establishing the boundaries of such zone; making findings required in accordance with Chapters
311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a
severability clause; providing for repeal; and providing an effective date.
The following ordinance was considered:
NO. 99-433
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT
ZONE NO. II FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT;
ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING F1ND1NGS
REQUIRED IN ACCORDNACE WITH CHAPTERS 311 AND 312 OF THE TEXAS
TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING
A SEVERABILITY CLAUSE; PROVIDNG FOR REPEAL; ANDPROVID1NG AN
EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance.
Council Member Cochran Mike stated that he would be voting against the motion as he did not
feel that Peterbilt had fulfilled the requirements of the ordinance, in particular the second
whereas regarding "to build improvements". He felt that the company should be building
improvements to the plant and not just adding new equipment. He was also not sure that
establishing the zone would be a benefit to the city.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
32. The Council considered adoption of an ordinance authorizing the Mayor to execute a tax
abatement agreement with Peterbilt Motors Company setting forth all the required terms of the
tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code;
setting forth the various conditions precedent to Peterbilt Motors Company receiving the tax
abatement; and further authorizing the Mayor to execute an electric service agreement between
the City of Denton, Texas and Peterbilt Motors Company; providing for a severability clause;
and providing an effective date.
City of Denton City Council Minutes
November 16, 1999
Page 15
Burroughs motioned, Young seconded to adopt the ordinance.
The following individuals spoke on the issue:
James Rodgers, 3000 Santa Monica, Denton, 76205-opposition
Ed Soph, 1620 Victoria, Denton, 76201 - opposition
Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 - opposition
The following individuals presented Speaker Cards but did not wish to address Council:
Mark Coomes, P.O. Box 343, Denton, 76202 - opposition
Jeffrey Levy, 1610 E. McKinney #1813, Denton, 76201 - opposition
Council debated the pros and cons regarding tax abatements.
City Attorney Prouty stated that the procedural guidelines require a narrative form be submitted
and that may not have been done. He suggested amending the motion subject to Peterbilt
complying with all terms of the agreement including Section 2.
Council Member Burroughs and Young agreed to include that in the motion and second.
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.
33. The Council considered adoption of an ordinance of the City Council, City of Denton,
Texas authorizing the Mayor to execute an amendment to the current Depository Contract with
Texas Bank for a period of ninety (90) days and adding a Y2K compliance clause; and providing
for an effective date.
The following ordinance was considered:
NO. 99-434
AN ORDINANCE OF THE CITY COUNCIL, CITY OF DENTON, TEXAS
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
CURRENT DEPOSITORY CONTRACT WITH TEXAS BANK FOR A PERIOD OF
N1NETY (90) DAYS AND ADDING A Y2K COMPLIANCE CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
34. The Council considered approval of a resolution authorizing the Public Utility
Commission of Texas to set the allocation formula that determines what portion of the base
amount (annual franchise fee or right-of-way use fee paid by certificated telecommunications
providers) to be paid the City under HB 1777 is allocated to each category of access line within
the City of Denton and declaring an effective date.
City of Denton City Council Minutes
November 16, 1999
Page 16
The following resolution was considered:
NO. R99-064
A RESOLUTION AUTHORIZING THE PUBLIC UTILITY COMMISSION OF
TEXAS TO SET THE ALLOCATION FORMULA THAT DETERMINES WHAT
PORTION OF THE BASE AMOUNT (ANNUAL FRANCHISE FEE OR RIGHT-OF-
WAY USE FEE PAID BY CERTIFICATED TELECOMMUNICATIONS
PROVIDERS) TO BE PAID THE CITY UNDER HB 1777 IS ALLOCATED TO EACH
CATEGORY OF ACCESS LINE WITHIN THE CITY OF DENTON AND
DECLARING AN EFFECTIVE DATE
Burroughs 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.
35. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a first amendment to that contract for professional legal
services with the law firm of Terry Morgan and Associates adding to the current scope of
services legal analysis of the City of Denton Comprehensive Plan 1999-2020, any requested
assistance in rewriting the Denton Development Code, and other legal services related thereto;
increasing the compensation under the contract to cover these additional services; authorizing the
expenditure of funds therefore; providing for retroactive effect o the agreement; and providing an
effective date.
The following ordinance was considered:
NO. 99-435
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THAT CONTRACT FOR
PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN
AND ASSOCIATES ADDING TO THE CURRENT SCOPE OF SERVICES LEGAL
ANALYSIS OF THE CITY OF DENTON COMPREHENSIVE PLAN 1999-2020, ANY
REQUESTED ASSISTANCE IN REWRITING THE DENTON DEVELOPMENT
CODE, AND OTHER LEGAL SERVICES RELATED THERETO; INCREASING THE
COMPENSATION UNDER THE CONTRACT TO COVER THESE ADDITIONAL
SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
PROVIDING FOR RETROACTIVE EFFECT O THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
36. The Council considered adoption of an ordinance on second reading granting a franchise
to Metricom, Inc., for the use and occupancy of the public rights-of-way of the City of Denton
for telecommunications purposes; providing for conditions of such use; providing for
City of Denton City Council Minutes
November 16, 1999
Page 17
compensation for such use and occupancy; and ordaining other provisions related to the subject
matter hereof.
The following ordinance was considered:
NO. 99-436
AN ORDINANCE ON SECOND READ1NG GRANT1NG A FRANCHISE TO
METRICOM, INC., FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS-
OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICATIONS PURPOSES;
PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR
COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING
OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
37. The Council considered adoption of an ordinance on second reading granting to Denton
County Electric Cooperative, Inc., doing business as CoServ Electric, a franchise for the purpose
of constructing, maintaining, and using an electric utility system in the City of Denton;
regulating the construction work done by the grantee in the City; prescribing the duties,
responsibilities, and rule-making authority of the City Manager and the City with respect to
administration of this franchise; providing for enforcement of the franchise; prescribing the
compensation to be paid the City by the grantee for the franchise privilege; setting forth the term
of the franchise; providing for a severability provision; providing for acceptance of the franchise
by grantee; and providing an effective date.
The following ordinance was considered:
(First Reading)
AN ORDINANCE ON SECOND READING GRANTING TO DENTON COUNTY
ELECTRIC COOPERATIVE, INC., DOING BUS1NESS AS COSERV ELECTRIC, A
FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND
USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON;
REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE
CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING
AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO
ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF
THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY
BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE
TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILITY PROVISION;
PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
November 16, 1999
Page 18
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.
38. The Council considered adoption of an ordinance authorizing the City Manager to
execute a second amendment to the annexation agreement entered into between the City of
Denton and Violet Property Associates, L.P., as part of the settlement of litigation styled City of
Denton v. Denton County Fresh Water Supply District No. iA and Denton County Fresh Water
Supply District No. 5 for the purpose of establishing a timeline for construction of Highway 377
water line; and providing an effective date.
The following ordinance was considered:
NO. 99-437
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
SECOND AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO
BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L.P.,
AS PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON lA.
DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. iA AND DENTON
COUNTY FRESH WATER SUPPLY DISTRICT NO. 5 FOR THE PURPOSE OF
ESTABLISHING A TIMELINE FOR CONSTRUCTION OF HIGHWAY 377 WATER
LINE; 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.
39. The Council considered nominations/appointments to the City's Boards and
Commissions.
Council Member Young nominated Evelyn Curry to the Library Board.
Beasley motioned, Young seconded to suspend the Council rules and vote on the nomination at
this meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
On roll vote for the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
40. Miscellaneous matters from the City Manager.
City Manager Jez indicated that a report had gone out to Council regarding the Citizen Report
made at the last meeting by Tom Adkins regarding the health insurance bid process.
41. New Business
The following items of New Business were suggested by Council Members for future agendas:
City of Denton City Council Minutes
November 16, 1999
Page 19
A. Council Member Kristoferson requested a report regarding the sunsetting of
planned developments.
42. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
43. There was no official action on Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned at 11:31 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS