Minutes December 7, 1999CITY OF DENTON CITY COUNCIL MINUTES
December 7, 1999
The Council held a Work Session on Tuesday, December 7, 1999 at 5:00 p.m. in the Council
Work Session Room at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council received a report and held a discussion with Leadership Denton.
Council and members of Leadership Demon discussed various issues dealing with the City of
Denton and Denton City government.
Regular Meeting of the City Council on Tuesday, December 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
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 26, 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"ayg'. Motion carried unanimously.
PRESENTATIONS/PROCLAMATIONS
3. December Yard of the Month Awards
Mayor Miller presented the following December Yard of the Month Awards:
Ed Repnicki
Nancy Lowery
Dentex Title Co.
4. Proclamations
Mayor Miller presented the following proclamations:
Arbor Day
Police Appreciation Day
Resolution of Appreciation for Bill Giese-not considered
City of Denton City Council Minutes
December 7, 1999
Page 2
5. Announce the start of the Visual Quality Survey for participation by all citizens.
Stephen Cook, Comprehensive Urban Planner, presented the report for the Visual Quality
Survey.
CITIZEN REPORTS
6. The Council received a report from Mildred Hawk regarding historical iron bridges.
Ms. Hawk urged the Council to use historical iron bridges throughout the City as much as
possible in order to preserve the County's heritage.
7. The Council received a report from Bryan Buchanan regarding 103 Woodrow Lane
property-installation of a fire hydrant subject to approval of final plat.
Mr. Buchanan stated he was being forced to install a fire hydrant on his property that was in
excess of what was normally required. The cost of installing the fire hydrant was in excess of
$7,000. He asked for relief of the large cost.
8. The Council received a report from County Commissioner Jim Carter regarding general
update of county issues.
Commissioner Carter presented an update on several city/county issues.
9. The Council received a report from Ross Melton: 'You've Got Mail!'
Mr. Melton was not present at the meeting.
COMPREHENSIVE PLAN ITEMS
10. The Council continued a public hearing from November 16th, 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 authorized by Chapter 219 of the Texas Local Government Code and the Charter of
the City of Denton; providing for repeal of all ordinances in conflict herewith; providing a
severability clause; providing a savings clause; and providing an effective date.
The Council held a continuation of a public hearing regarding the adoption of the comprehensive
plan as an official policy document intended to guide future community growth and development
decision-making.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Khosrow Sadeghian, P.O. Box 2451, Coppell, 75019 - opposition
Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205-opposition
Steve Knitt, 1003 Hopkins Drive, Denton, 76205 - opposition
City of Denton City Council Minutes
December 7, 1999
Page 3
Cherly Hassell, Stephen Drive, - opposition
Curtis Ramsey, 2028 Burning Tree Lane, Denton, 76201-opposition/favor
Nell Yeldell-non-related concern
Raymond Redmon, 710 Prairie, Denton, 76205-opposition
Robyn Mullendore, 1139 Oakhurst, Denton, 76205-favor
Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - favor
Mayor Miller stated that he had Speaker Cards from individuals who did not wish to address
Council:
Bob Mullendore, Jr., 1139 Oakhurst, Denton, 76205 - favor
Ray Cox, 501 S. Carroll, Denton, 76201-opposition
James Franks, 806 Cordell, Denton, 76201-opposition
Ronald Slovacek, 3964 Fawn Drive, Denton, 76208 - favor
Nancy Kniatt, 1003 Hopkins Drive, Denton 76205-opposition
Guy Hammons, 1221 Tulane, Denton, 76201-opposition
John Johnson, 1517 Linden, Denton, 76201 - opposition
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-439
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING
COMPREHENSIVE PLAN AS AN OFFICIAL POLICY DOCUMENT INTENDED TO
GUIDE FUTURE COMMUNITY GROWTH AND DEVELOPMENT DECISION-
MAKING AS AUTHORIZED BY CHAPTER 219 OF THE TEXAS LOCAL
GOVERNMENT CODE AND THE CHARTER OF THE CITY OF DENTON;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', Young"na:¢', and Mayor Miller"ayg'.
Motion carried with a 6-1 vote.
11. The Council held a joint public hearing with the Planning and Zoning Commission
pursuant to Texas Local Government Code {}211.007 (b) to hear citizen comments regarding an
ordinance of the City of Denton, Texas, establishing interim standards for applying policies of
the adopted comprehensive plan to requests for zoning amendments and certain specified
development applications pending adoption of a revised land development code; providing for
administration of such standards; providing for exemptions; providing for severability; providing
an effective date; and providing a savings clause.
The Chair of the Planning and Zoning Commission opened the Planning and Zoning
Commission portion of the meeting.
City of Denton City Council Minutes
December 7, 1999
Page 4
The Council and the Planning and Zoning Commission held a public hearing to consider an
ordinance establishing interim standards for applying policies of the adopted comprehensive plan
for requests for zoning amendments and certain specified development applications.
The following individuals spoke during the public hearing:
Don Allen, 3880 Hulen, Ft. Worth, 76107-concern over procedural requirements
Bill Kuhlmann, 309 W. 7th Street, Suite 1200, Ft. Worth, 76102-concern over procedural
requirements
Robert Prendergast, 5225 Village Creek, Plano, 75023-concern over procedural
requirements
Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023-concern over procedural
requirements
Chip Empasado, Mesa Design Group - concern over procedural requirements
Carolyn Phillips, 722 Lakey, Denton, 76201-neutral
Ray Cox, 501 S. Carroll, Denton, 76201-opposition
Willard Baker, 6447 Cliffbrook, Dallas-concern over procedural requirements
Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201-opposition
Kent Key, 3524 Belmont, Denton 76201-opposition
Robyn Mullendore, 1139 Oakhurst, Denton, 76205-opposition
Craig Erwin, Denton, 3513 Belmont, Denton, 76201 - opposition
Willie Hudspeth, 623 Newton, Denton, 76205-concern over procedural requirements
Ron Slovacek, 3964 Fawn Drive, Denton, 76208-opposition
The Planning and Zoning Commission closed its portion of the public hearing.
The Mayor closed the Council's portion of the public hearing.
Mayor Miller proposed that the Council not deliberate on the item at this meeting. The Planning
and Zoning Commission would consider the item at its next meeting. Council would consider
the item at the next work session. It would be placed on the January 4th City Council meeting for
consideration. The public hearing was closed and consideration would be under a regular agenda
item.
Council Member Young suggested that the Planning Department meeting with the developers
and builders for input on the item.
Young motioned, Burroughs seconded to postpone consideration on the item and continue
consideration by the Planning and Zoning Commission and the Council. On roll vote, Beasley
'hy~', Burroughs"ay~', Cochran"na~', Durrance"ay~', Kristoferson"ay~', Young"ay~', and Mayor Miller
'hyg'. Motion carried with a 6-1 vote.
Apple motioned, Williams seconded to postpone Planning and Zoning Commission
consideration until December 15th. Motion carried with a 7-0 vote.
Items a. and b. were not considered at this meeting.
City of Denton City Council Minutes
December 7, 1999
Page 5
Planning and Zoning Commission deliberations and recommendation regarding
the ordinance to City Council; and
City Council deliberations and consideration of adoption of the ordinance.
Council considered the Consent Agenda.
Burroughs motioned to suspend the rules and consider the Consent Agenda. On roll vote,
Beasley "ayg', Burroughs "ayg', Cochran "ayg', Durrance "ayg', Kristoferson "ayg', Young "ayg', and
Mayor Miller"ayg'. Motion carried unanimously.
CONSENT AGENDA
Kristoferson motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Beasley"ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson
'hyg', Young"ayg', and Mayor Miller"ayg'. Motion carried unanimously.
13.
Approved a tax refund to MBS Seed, Inc. in the amount of $601.67. The 1999 property
taxes were paid twice.
14.
Approved a tax refund to Norwest Mortgage for Jeffery L. Kruger in the amount of
$553.26. The 1998 property taxes were paid twice.
15.
Approved a tax refund to First American Controlled Disbursements for Northpoint Apt.,
LTD in the amount of $1,654.02. The 1998 property taxes were paid twice.
16.
Approved a tax refund to Lereta Corp. for Jeffery W. Dixon in the amount of $560.66.
The 1998 property taxes were paid twice.
17 NO. 99-441
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF BASEBALL FIELD
LIGHTING FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2423- MACK
PARK BASEBALL FIELD LIGHTING AWARDED TO GROVES ELECTRICAL
SERVICE, INC. - $117,960)
18.
NO. 99-442
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF REPAIRS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID #2430- REROOFING THE DENTON
ELECTRIC PRODUCTION PLANT AWARDED TO CBS ROOFING SERVICES,
INC. IN THE AMOUNT OF $45,500)
19.
NO. 99-443
AN ORDINANCE FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
City of Demon City Council Minutes
December 7, 1999
Page 6
REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AN
EFFECTIVE DATE. (P.O. #01364-OSCAR RENDA CONTRACTING, INC. IN THE
AMOUNT OF $67,355)
20.
NO. 99-444
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH COLLIN COUNTY AND AWARDING A
CONTRACT FOR THE RENTAL OF PAGER SERVICE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (INTERLOCAL AGREEMENT FILE #2437- PAGER SERVICE COLLIN
COUNTY INTERLOCAL AGREEMENT AWARDED TO AIR TOUCH PAGING,
ESTIMATED TOTAL ANNUAL EXPENDITURE $50,000)
21.
NO. 99-445
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR
THE ACQUISITION OF A STREET SWEEPER BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (PURCHASE ORDER #01742 TO H-GAC - $136,218.78)
22.
NO. 99-446
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BAYLOR MEDICAL CENTER
AT GRAPEVINE AND DR. JOHN ANSOHN TO PROVIDE MEDICAL CONTROL
SERVICES FOR THE CITY OF DENTON FIRE DEPARTMENT AS SET FORTH IN
THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2414 -
PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES
AWARDED TO BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN
ANSOHN IN THE AMOUNT OF $62,750)
23.
NO. 99-447
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH SGS WITTER, INC. TO
PROVIDE PROFESSIONAL SERVICES FOR CONSTRUCTION MANAGEMENT
OF 69KV TRANSMISSION FACILITIES CONSTRUCTION AND RELATED
SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (RFSP #2429-CONSTRUCTION MANAGEMENT SERVICES AWARDED
TO SGS WITTER, INC. IN THE NOT TO EXCEED AMOUNT OF $73,200)
24.
NO. 99-448
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY THE STATE OF
City of Demon City Council Minutes
December 7, 1999
Page 7
TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (P.O. #00987 TO NTCS, INC. IN THE AMOUNT OF $49,350)
25.
NO. 99-449
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES AS APPROVED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (P.O. #00989 IBM -$100,587)
26.
NO. 99-450
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE UPGRADE OF
SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES
COMMISSION, DEPARTMENT OF iNFORMATION SERVICES (DIR);
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (P.O. #01744 TO SOFTWARE DEPARTMENT-
DEPARTMENT OF iNFORMATION RESOURCES (DIR)-$154,000)
27.
NO. 99-451
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE. (BID #2424-RENTAL OF HEAVY EQUIPMENT AWARDED
TO TKO EQUIPMENT COMPANY FOR ITEMS 1-12 AND NATIONS RENT ITEM
13, AND HOWARD MCANEAR ITEM 14)
28.
NO. 99-452
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TREE TRIMMING SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID #2426-TREE TRIMMING - HORTON
TREE SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $250,000)
29.
NO. 99-453
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF PADMOUNTED INTERRUPTER
SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID #2431- SWITCHGEAR AND
PUFFER INTERRUPTERS AWARDED TO TEMPLE, INC.-ESTIMATED ANNUAL
EXPENDITURE-$110,000)
City of Demon City Council Minutes
December 7, 1999
Page 8
30.
NO. 99-454
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY 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.
31
NO. 99-455
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH INTERFAITH MINISTRIES OF DENTON, INC. TO
ADMINISTER THE P-L-U-S ONE PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
32.
NO. 99-456
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR
LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE.
33.
NO. 99-457
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON PARKS FOUNDATION
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE AND PROVIDING AN
EFFECTIVE DATE.
34.
NO. 99-458
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON
COUNTY HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
35.
NO. 99-459
AN ORDINANCE AUTHORIZING AN INCREASE TO THE RATE OF
CONTRIBUTION TO THE CITY OF DENTON FIRE FIGHTERS RETIREMENT
SYSTEM BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE
ORDINANCE.
36.
NO. 99-460
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND NATIONWIDE HOUSING SYSTEMS FOR REIMBURSEMENT OF
THE COSTS OF BUILDING A WATER MAIN, THROUGH PRORATA CHARGES
PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
December 7, 1999
Page 9
37.
NO. 99-461
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND PFS DEVELOPMENT, INC. FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
38.
NO. 99-462
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR
REIMBURSEMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH
PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF
FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
39.
NO. 99-463
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND ARTHUR V. AND REBECCA G. KING FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
40.
NO. 99-464
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY'S
PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
41. This item was pulled from consideration.
Council returned to Item #12.
12. The Council considered adoption of an ordinance of the City of Denton, Texas,
establishing a moratorium pending the adoption of interim standards for applying policies of the
adopted comprehensive plan to requests for zoning amendments and certain specified
development applications prior to adoption of a revised land development code; providing for
exemptions; providing for severability; and providing an effective date.
City of Denton City Council Minutes
December 7, 1999
Page 10
Council considered an ordinance establishing a moratorium pending the adoption of interim
standards for applying policies of the adopted comprehensive plan.
The following ordinance was considered:
NO. 99-440
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A
MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR
APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO
REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED
DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND
DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Burroughs seconded to adopt the ordinance with all the amendments made to
this point.
Mayor Miller indicated that the following individuals had submitted Speaker cards:
Robert Prendergast, 5225 Village Creek, Plano, 75023-opposition/favor
Don Allen, 3880 Hulen, Fort Worth, 76107 - neutral
Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023 - opposition
Ron Slovacek, 3964 Fawn Drive, Denton, 76208 - favor
Bill Kuhlmann, 309 W. 7th Street, Suite 1200, Fort Worth, 76102 - opposition
Ray Cox, 501 S. Carroll, Denton, 76201 - opposition
Brenda McDonald, 270 N. Denton Tap, Suite 100, Coppell, 75019-neutral
Kent Key, 3524 Belmont, Denton, 76201-opposition
Burroughs motioned, Miller seconded to amend the main motion that an application for approval
of a detailed plan for residential use or a concept plan had been approved after May 1, 1997. On
roll vote, Beasley"na:¢', Burroughs"aye', Cochran"na~', Durrance"na:¢', Kristoferson"na:¢', Young"na~',
and Mayor Miller"ayg'. Motion failed with a 2-5 vote.
On roll vote for the main motion, Beasley "ayg', Burroughs "ayg', Cochran "ayg', Durrance "ayg',
Kristoferson"ayg', Young"na~', and Mayor Miller"na~'. Motion carried with a 5-2 vote.
PUBLIC HEARINGS
42. The Council held a public hearing and considered an ordinance granting approval of a
surface use of a portion of the Denton Branch Rail/Trail approximately 2000 feet south of
Walton Road for the installation of a public street in accordance with Chapter 26 of the Texas
Parks and Wildlife Code; providing for the issuance of an easement and providing an effective
date.
Ed Hodney, Director of Parks and Recreation, reported on the plans to build a new rails to trails
plan. Corinth needed a plan to cross the trail and Council needed to make a decision based on
Chapter 26 for all findings to mitigate all action on the plan.
City of Denton City Council Minutes
December 7, 1999
Page 11
Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Richard Huckaby, 924 Ridgecrest Circle, Denton, 76205 - favor
Don Allen, Carter and Burgess - favor
Mark Coomes, 728 N. Elm, Denton, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-465
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET SOUTH
OF WALTON ROAD FOR THE INSTALLATION OF A PUBLIC STREET IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING
AN EFFECTIVE DATE.
Burroughs moved, Young seconded to adopt the ordinance.
Mayor Pro Tem Beasley suggested a signalized crossing for the area and offered it as a friendly
amendment to the motion.
Council Members Burroughs and Young agreed to include that in the motion.
On roll vote, Beasley"ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', Young
'hyg', and Mayor Miller"ayg'. Motion carried unanimously.
43. The Council held a public hearing to receive input concerning an ordinance amending
Chapter 26 of the Code of Ordinances of the City of Denton by adding thereto Section 26-233
'Water Conservation and Drought Contingency Plari' and Section 26-234 'Criminal and Civil
Penaltieg', adopting a water conservation plan in accordance with the requirements of the law;
adopting a drought contingency plan; establishing criteria for the initiation and termination of
drought response stages; establishing restrictions on certain water uses; establishing procedures
for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil
penalty not to exceed $1,000 per day per violations and various 20% surcharge penalties on
excessive water use; providing a savings clause; providing a severability clause; and providing
an effective date.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Mark Cooms, 728 N. Elm, Denton, 76201 - favor
City of Denton City Council Minutes
December 7, 1999
Page 12
The Mayor closed the public hearing.
44. This item had been pulled from consideration as the petitioner had withdrawn zoning
application.
45. The Council held a public hearing and considered a request for a specific use permit
(SUP) for a manufactured home park on approximately 86.0 acres. The site was in an
Agricultural (A) zoning district. It was located roughly six hundred feet north of Loop 288 on
the west side of Stuart Road. The Planning and Zoning Commission recommended approval (5-
1) with conditions. (Z-99-082, Beaver Creek)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Brenda McDonald, 270 N. Denton Tap Road, Coppell 75019 - favor
Tom Plichta, 205 Coyote Court, Bartonville, 76226 - favor
Mayor Miller indicated that Thomas McMurray, 2905 Howard Court, Denton, 76201 had
submitted a Speaker Card.
The Mayor closed the public hearing.
Young motioned, Mayor seconded to adopt the ordinance with the conditions as noted by the
Planning and Zoning Commission. On roll vote, Beasley "na~', Burroughs "na~', Cochran "na~',
Durrance "na~', Kristoferson "na~', Young "aye', and Mayor Miller"aye'. Motion failed with a 2-5
vote.
Mayor Miller left the meeting.
ITEMS FOR INDIVIDUAL CONSIDERATION
46. The Council considered adoption of an ordinance to voluntarily annex approximately 24
acres of land located at the southwest corner of Silver Dome and Cooper Creek in the
extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the
annexed property, to provide a severability clause and to provide for an effective date. First
reading of ordinance. (A-96, Silver Dome at Cooper Creek)
Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley"ayg',
Burroughs"aye', Cochran"ay~', Durrance"ay~', Kristoferson"ay~', and Young"na~'. Motion failed 5-1
as a supermajority vote was required.
47. The Council considered adoption of an ordinance amending Article IH of Chapter 28 of
the Code of Ordinances of the City of Denton, Texas, (Electrical Codg') by repealing the 1996
National Electrical Code with certain amendments and providing for the adoption of the 1999
National Electrical Code with certain deletions and amendments; providing for a penalty in the
maximum amount of $2,000 for violations thereof; and providing for an effective date.
City of Denton City Council Minutes
December 7, 1999
Page 13
The following ordinance was considered:
NO. 99-466
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, (ELECTRICAL CODE') BY
REPEALING THE 1996 NATIONAL ELECTRICAL CODE WITH CERTAIN
AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1999
NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND
AMENDMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried
unanimously.
48. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton, Calvin Woolaver and Calvin Wayne Woolaver relating to the
purchase of Lot 1 and the east 13 1/3 feet of Lot 2, Stroud Addition for Flood Mitigation
Assistance Project Grant, Texas Water Development Board Contract No. 99-001-027:
authorizing the expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 99-467
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON, CALVIN WOOLAVER AND CALVIN WAYNE WOOLAVER
RELATING TO THE PURCHASE OF LOT 1 AND THE EAST 13 1/3 FEET OF LOT
2, STROUD ADDITION FOR FLOOD MITIGATION ASSISTANCE PROJECT
GRANT, TEXAS WATER DEVELOPMENT BOARD CONTRACT NO. 99-001-027:
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs"ayg', Cochran"na:¢', Durrance"ayg', Kristoferson"ayg', and Young"na:¢'. Motion carried
with a 4-2 vote.
49. This item had been pulled from consideration.
50. The Council considered adoption of an ordinance authorizing the third amendment to the
airport lease agreement for fixed base operation (FBO) activity between the City of Denton and
Texas Air Center, Inc.; and providing for an effective date.
The following ordinance was considered:
NO. 99-468
City of Denton City Council Minutes
December 7, 1999
Page 14
AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE AIRPORT
LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY
BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC.; AND
PROVIDING FOR AN EFFECTIVE DATE.
Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried
unanimously.
51. The Council considered adoption of an ordinance of the City of Denton, Texas
establishing rates for rental of aircraft hangar and tie-down space owned by the City upon the
Denton Municipal Airport; authorizing the City Manager to enter into contracts for the rental of
such property and declaring an effective date.
The following ordinance was considered:
NO. 99-469
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING RATES
FOR RENTAL OF AIRCRAFT HANGAR AND TIE-DOWN SPACE OWNED BY
THE CITY UPON THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE
CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH
PROPERTY AND DECLARING AN EFFECTIVE DATE.
Durance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs"ayg', Cochran"na33', Durrance"ayg', Kristoferson"ayg', and Young"ayg'. Motion carried
with a 5-1 vote.
52. The Council considered approval of a resolution to declare the intent to reimburse
expenditures from the unreserved fund balance of the General Fund with Certificate of
Obligation bonds so that a project approved in the 1999-2000 Capital Improvement Program
budget more fully described in the attachment to this resolution may be commenced; and
providing an effective date.
The following resolution was considered:
NO. R99-065
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH
CERTIFICATE OF OBLIGATION BONDS SO THAT A PROJECT APPROVED IN
THE 1999-2000 CAPITAL IMPROVEMENT PROGRAM BUDGET MORE FULLY
DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE
COMMENCED; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "ayg',
Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried
unanimously.
City of Denton City Council Minutes
December 7, 1999
Page 15
53. The Council considered approval of a resolution authorizing the intervention in
proceedings relating to TXU Lone Star Pipeline's request to increase the city gate rate;
authorizing the employment of special counsel and rate consultants as needed; and providing an
effective date.
The following resolution was considered:
NO. R99-066
A RESOLUTION AUTHORIZING THE INTERVENTION IN PROCEEDINGS
RELATING TO TXU LONE STAR PIPEL1NE'S REQUEST TO INCREASE THE CITY
GATE RATE; AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL AND
RATE CONSULTANTS AS NEEDED; AND PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Beasley seconded to approve the resolution and joining the coalition with
Boyle. On roll vote, Beasley"ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg',
and Young"na33'. Motion carried with a 5-1 vote.
54. The Council considered adoption of an ordinance authorizing the City Manager to enter
into a first amendment to the professional services agreement with Diversified Utility
Consultants, Inc. to perform an audit and a franchise review of TXU Electric and Gas;
authorizing the expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 99-470
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
DIVERSIFIED UTILITY CONSULTANTS, INC. TO PERFORM AN AUDIT AND A
FRANCHISE REVIEW OF TXU ELECTRIC AND GAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', and Young"na33'. Motion carried
with a 5-1 vote.
55. The Council considered adoption of an ordinance authorizing the City Attorney to
institute litigation against WBB&B Holdings, Ltd., and other potential defendants, to abate a
nuisance, enforce statutes, regulations and ordinances relating to floodplain management, and for
extraordinary relief; ratifying prior actions; and declaring an effective date.
City of Denton City Council Minutes
December 7, 1999
Page 16
The following ordinance was considered:
NO. 99-471
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
LITIGATION AGAINST WBB&B HOLDINGS, LTD., AND OTHER POTENTIAL
DEFENDANTS, TO ABATE A NUISANCE, ENFORCE STATUTES,
REGULATIONS AND ORDINANCES RELATING TO FLOODPLAIN
MANAGEMENT, AND FOR EXTRAORDINARY RELIEF; RATIFYING PRIOR
ACTIONS; AND DECLARING AN EFFECTIVE DATE.
Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried
unanimously.
56. The Council considered adoption of an ordinance on third 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:
NO. 99-472
AN ORDINANCE ON THIRD 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.
Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried
unanimously.
57. The Council considered nominations/appointments to Boards and Commissions.
City of Denton City Council Minutes
December 7, 1999
Page 17
There were no nominations/appointments made at this meeting.
58. Miscellaneous Matters from the City Manager.
City Manager Jez presented the Council with Y2K magnets containing emergency numbers that
would be distributed to the public.
59. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Young asked for a report regarding the funds for a Children's
Park at Fred Moore Park and funds for the Phoenix Park.
B. Council Member Young asked for a report on how many professional service
contracts the City had with minority firms to include attorneys, architects, etc. and to include a
copy of city affirmative action or good faith effort policy. He requested the information no later
than the next Council Meeting.
60. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
61. 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 3:00 a.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS