Minutes February 01, 2000CITY OF DENTON CITY COUNCIL MINUTES
February 1, 2000
Regular Meeting of the City of Denton City Council on Tuesday, February 1, 2000 at 6:00 p.m.
in the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs,
Kristoferson and Young.
ABSENT: Council Members Durrance and Cochran
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
2. February Yard-of-the-Month Awards
Mayor Miller presented the following Yard of the Month awards:
A. Steve and Andrea Talkington
B. Eddena Hardin
C. P.J.’s #5
3. Proclamations
Mayor Miller presented the following proclamations:
a. Dianne Baker Day
b. American Heart Month
4. Resolution of Appreciation
a. The Council considered approval of a resolution of appreciation for David Ayers.
Young motioned, Beasley seconded to approve the resolution of appreciation for David Ayers.
On roll vote, Beasley “aye”, Burroughs “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
CITIZEN REPORTS
5. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth stated that the City had removed trees from his property and felt that it was not
necessary to remove the trees. He also felt that there had been an illegal inspection of his
property in retaliation to his coming to Council.
Council Member Durrance arrived at the meeting.
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February 1, 2000
Page 2
6. The Council received a report from Jimmy Wagner regarding a water line on Carpenter
Road.
Mr. Wagner stated that he had appreciated receiving a water line since they had been annexed
into the City. He asked about receiving City sewer in the area.
7. The Council received a report from Lonnie Hillard regarding loud stereo systems in cars.
Mr. Hillard was not present at the meeting.
8. The Council received a report from Nell Yeldell regarding noise and actions of concrete
company in area.
Ms. Yeldell expressed concern regarding the noise and actions of the concrete company in the
area near her home.
9. The Council received a report from Ross Melton regarding “joy-riding”.
Mr. Melton stated that he had concerns about city government and the elected officials.
CONSENT AGENDA
Council Member Young asked for a separate vote for Item #23.
Beasley motioned, Durrance seconded to approve the Consent Agenda and accompanying
ordinances and resolutions except for Item #23. On roll vote, Beasley “aye”, Burroughs “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
10. NO. 2000-031
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PROMOTIONAL COMMERCIALS FROM CHARTER MEDIA,
DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL ELECTRIC, WHICH
ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL
GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE. (PURCHASE ORDER #02707 TO CHARTER MEDIA IN THE
AMOUNT OF $36,608.00)
11. NO. 2000-032
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
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February 1, 2000
Page 3
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (PURCHASE ORDER #02706 TO INFORMIX IN THE AMOUNT OF
$42,560)
12. NO. 2000-033
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS AND SERVICES AS APPROVED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION
SERVICE VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE
ORDER #02772 TO CANON USA, INC., C/O DATAMAX IN THE AMOUNT OF
$27,341)
13. NO. 2000-034
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF SOFTWARE MAINTENANCE FOR THE MAINFRAME
COMPUTER AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (PURCHASE ORDER #00627 TO IBM CORPORATION IN THE AMOUNT
OF $76,989.43).
14. NO. 2000-035
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 #2445 – POSITION TEST BOARD OPERATION
SYSTEMS AWARDED TO WATTHOUR ENGINEERING CO., INC. IN THE
AMOUNT OF $37,500)
15. NO. 2000-036
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF WHEEL LOADERS AND
MOTORGRADER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2433 – RUBBER
TIRE WHEEL LOADERS AND MOTORGRADER AWARDED AS LISTED, TOTAL
EXPENDITURE $837,563)
16. NO.R2000-003
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY
POLICIES REGARDING TELECOMMUTING BY CITY EMPLOYEES; PROVIDING
FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
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February 1, 2000
Page 4
17. NO. 2000-037
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF LAKE DALLAS 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.
18. NO. R2000-004
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING THE HANDLING OF CASH BY CITY
EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
19. NO. 2000-038
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING A DEPOSITORY FOR CITY FUNDS FOR A TERM BEGINNING
MARCH 1, 2000 AND ENDING FEBRUARY 28, 2002; AUTHORIZING THE
MAYOR TO EXECUTE A DEPOSITORY CONTRACT WITH TEXAS BANK AS
THE PRIMARY DEPOSITORY; AUTHORIZING THE CITY MANAGER AND
OTHER CITY EMPLOYEES TO TRANSACT BUSINESS WITH THE DEPOSITORY;
AND PROVIDING FOR AN EFFECTIVE DATE.
20. NO. 2000-039
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND KAUFMAN AND BROAD OF DALLAS, INC. FOR THE CITY’S
PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
21. NO. 2000-040
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND LENNOX OAKS-II, L.P. 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 THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
22. NO. 2000-041
AN ORDINANCE AMENDING THE CITY OF DENTON CODE OF ORDINANCES,
CHAPTER 26, UTILITIES, AND AMENDING AND SUPERSEDING ORDINANCE
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Page 5
NO. 99-373, BY ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE
AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC
UTILITY SERVICE IN THE CITY OF DENTON, TEXAS; PROVIDING DEFINITIONS;
REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO
SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY
PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS
MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING
UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND
CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA
REGARDING FACILITIES IN PUBLIC RIGHT-OF-WAY; PROVIDING FOR
ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED
THEREUNDER; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $150.00
EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR TWO PENALTIES IN
THE AMOUNT OF $100.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING
FOR OTHER AND FURTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER’S
VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF ANY
FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND
ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY
PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER
PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF.
24. NO. 2000-043
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN
ORDINANCE NO. 99-294, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING FOR AN
AMENDMENT TO THAT PART OF THE RESIDENTIAL SOLID WASTE
COLLECTION SERVICE SCHEDULE (SWR) AND FOR AN AMENDMENT TO
THAT PART OF THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE
COLLECTION SERVICE SCHEDULE (SWC) RESPECTING THE CHARGE FOR
COLLECTION OF APPLIANCES; PROVIDING FOR A REPEALER; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS
25. The Council held two public hearings and considered the following actions to initiate
implementation of the Fry Street Small Area Plan:
a. Considered approval of a resolution amending the Fry Street Small Area Plan off-
street parking recommendation to include an interim revision of the off-street
parking requirements for nonresidential development from one parking space per
200 square feet of gross floor area to one parking space per 400 square feet of
gross floor area. The adopted plan recommended the creation of a special zoning
district that eliminates off-street parking requirements.
b. Held a public hearing and considered adoption of an ordinance amending Chapter
35 of the Code of Ordinances of the City of Denton to add Article XI “Fry Street
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February 1, 2000
Page 6
Overlay Zoning District” and amending the zoning map of the City of Denton,
Texas, as same was adopted as an appendix to the Code of Ordinances of the City
of Denton, Texas by Ordinance No. 69-1, as amended said map applying to 12.42
acres of land as is more particularly described herein, to provide for the creation
of a special zoning overlay district in accordance with the provisions of the Code
of Ordinances; said district to be known as the Fry Street District; providing for a
penalty in the maximum amount of $2000.00 for violation thereof; providing a
severability clause and providing for an effective date.
c. Held a public hearing and considered adoption of an ordinance amending Chapter
24 “Solid Waste” of the Code of Ordinances of the City of Denton, by adding
Article IV “Possession of open glass containers in Fry Street District”; providing a
severability clause; providing a penalty in the maximum amount of $500.00 for
violations thereof; and providing an effective date.
Mayor opened the public hearing.
No one spoke during the public hearing.
Mayor closed the public hearing.
The following resolution was considered:
NO. R2000-005
A RESOLUTION AMENDING THE FRY STREET SMALL AREA PLAN FOR OFF-
STREET PARKING RECOMMENDATIONS AND IMPLEMENTATION ACTIONS
FOR AREA IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
The following ordinance was considered:
NO. 2000-044
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON TO ADD ARTICLE XI “FRY STREET OVERLAY ZONING
DISTRICT” AND AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AS
AMENDED SAID MAP APPLYING TO 12.42 ACRES OF LAND AS IS MORE
PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF A
SPECIAL ZONING OVERLAY DISTRICT IN ACCORDANCE WITH THE
PROVISIONS OF THE CODE OF ORDINANCES; SAID DISTRICT TO BE KNOWN
AS THE FRY STREET DISTRICT; PROVIDING FOR A PENALTY IN THE
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Page 7
MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”.
Motion carried with a 5-1 vote.
The following ordinance was considered:
NO. 2000-045
AN ORDINANCE AMENDING CHAPTER 24 “SOLID WASTE” OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, BY ADDING ARTICLE IV
“POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT”;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE
MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Durrance seconded to adopt the ordinance.
Council Member Burroughs offered a friendly amendment to include the wording “except for
use on the premise where such container is used or acquired”.
Young motioned to amend the motion to allow for a variance procedure for the use of glass
containers for special events. Motion died for lack of a second.
Beasley and Durrance agreed to incorporate the wording of Council Member Burroughs’ friendly
amendment. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
26. This item was withdrawn.
27. The Council continued 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)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Paul Spain, representing the developer, spoke in favor.
The Mayor closed the public hearing.
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February 1, 2000
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Beasley motioned, Young seconded to approve the rezoning with the conditions as noted by the
Planning and Zoning Commission plus 3.8 acres for open land, 75% brick and garage offsets as
indicated in the interim ordinance.
Mr. Spain requested Council removed the condition regarding the bridge. If Council was not
willing to remove that condition, he would request a delay to work out the requirements for the
transportation issues.
Young motioned, Burroughs seconded to postpone consideration of the rezoning with a
continuation of the public hearing for two weeks from this meeting. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
Burroughs motioned, Kristoferson seconded to reopen the public hearing and continue the public
hearing at the next regular meeting of the Council. On roll vote, Beasley “aye”, Burroughs “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
28. The Council continued 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)
The Mayor opened the public hearing.
No one spoke during the public hearing.
Young motioned, Burroughs seconded to continue the public hearing at the next regular Council
meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
Item #23 was considered
23. NO. 2000-042
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID
WASTE; AMENDING SECTION 24-5 TO CLARIFY THE LANGUAGE REGARDING
UNAUTHORIZED USE OF ANOTHER’S SOLID WASTE CONTAINER; AMENDING
SECTION 24-6(A) TO ADD MANAGER OR AGENT AS PERSONS WHO ARE HELD
RESPONSIBLE FOR COMPLYING WITH SECTION 24-6(A); AMENDING SECTION
24-6(B) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS NEXT TO
A SOLID WASTE CONTAINER ONLY APPLIES TO PERSONS AUTHORIZED TO
USE THAT SOLID WASTE CONTAINER; ADDING A NEW SECTION 24-13 TO
ESTABLISH FEES FOR CLEANING THE AREA SURROUNDING SOLID WASTE
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February 1, 2000
Page 9
CONTAINERS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
Council Member Young requested a meeting within two weeks for those affected by this
ordinance to inform them of the change.
Beasley motioned, Kristoferson seconded to adopt the ordinance with understanding that there
would be a meeting within two weeks of today’s date to inform the customers of the proposed
change. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
29. The Council considered adoption of an ordinance of the City of Denton, Texas, amending
Chapters 34 and 35 of the City of Denton Code of Ordinances; establishing interim standards,
regulations and procedures for applying policies of the adopted comprehensive plan to residential
developments pending adoption of a revised development code; providing for administration of
such standards and regulations; providing for exemptions; providing for severability; providing
an effective date; and providing a savings clause. (The Planning and Zoning Commission
recommended adoption, 4-3, with conditions.)
Mayor Miller stated that there was a Speaker Card for this item.
Ike Shupe, 1717 Main, Suite 2800, Dallas 75201 – concern regarding procedure
The following ordinance was considered:
NO. 2000-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTERS
34 AND 35 OF THE CITY OF DENTON CODE OF ORDINANCES; ESTABLISHING
INTERIM STANDARDS, REGULATIONS AND PROCEDURES FOR APPLYING
POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO RESIDENTIAL
DEVELOPMENTS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE;
PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS AND
REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
SAVINGS CLAUSE.
Beasley motioned, Burroughs seconded to adopt the ordinance with the changes as presented by
the Planning and Zoning Commission.
Council Member Burroughs suggested a friendly amendment to the motion to include the
original language on affordable housing with a density increase not exceeding 10% with a
minimum of 50% of all dwelling units eligible to participate in such program.
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February 1, 2000
Page 10
Mayor Pro Tem Beasley agreed to that friendly amendment to her motion. On roll vote, Beasley
“aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller
“aye”. Motion carried with a 4-2 vote.
30. The Council considered adoption of an ordinance amending Section 2-83(c) of Article III
“Boards, Commissions, and Committees” of the Code of Ordinances of the City of Denton
establishing an attendance policy and broadening the excused absence requirements; providing a
savings clause; providing a severability clause; and providing an effective date.
The following ordinance was considered:
NO. 2000-047
AN ORDINANCE AMENDING SECTION 2-83(C) OF ARTICLE III “BOARDS,
COMMISSIONS, AND COMMITTEES” OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON ESTABLISHING AN ATTENDANCE POLICY AND
BROADENING THE EXCUSED ABSENCE REQUIREMENTS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
31. 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. Second
reading of ordinance. (A-96, Silver Dome at Cooper Creek)
The following ordinance was considered:
NO. 2000-48
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
Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
32. The Council considered the following requests for relief from the provisions of
Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development
applications:
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Page 11
a. Ryan Road, west of Teasley – 22.98 acres, zoned SF-7. (Affected by Ordinance
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99-473) This request had been continued from the January 18 City Council
meeting due to a tie vote, 3-3.
b. Ace Business Park, Meadow Street, between Inman and Dougherty, zoned
Commercial. (Affected by Ordinance 99-474) This request was denied by City
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Council on January 11, 4-2.
c. Payne Storage Lockers, 520 Fort Worth Drive, zoned Commercial. (Affected by
Ordinance 99-474) This request had not been previously reviewed by City
Council.
d. Ashton Dallas Residential, L.L.C., Teasley Lane south of Robinson Road –
58.351 acres, zoned SF-10. (Affected by Ordinance 99-473) This request had not
been previously reviewed by City Council.
Item a. was pulled from consideration as a full Council was not present to consider the item as
required by the Council’s Rules of Procedure.
Item b. was pulled as there had been no request for reconsideration by the developer due to prior
denial by Council.
Item d. was pulled from consideration due to the termination of the residential moratorium.
Item c.
Bill Payne 1620 Villa Court, Corinth spoke in favor of the request.
Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”.
Motion carried with a 4-2 vote.
33. The Council was to have considered adoption of an ordinance of the City of Denton,
Texas, amending Ordinance No. 99-473 to extend the term of the moratorium established
pending the adoption of interim standards for applying policies of the adopted comprehensive
plan to certain specified residential development applications prior to adoption of a revised land
development code; providing for a savings clause; providing for a severability clause; and
providing for an effective date.
This item was not considered.
34. The Council considered approval of a resolution appointing a special five (5) member
Oversight Committee to monitor, evaluate, and report on the progress of the five-year Capital
Improvements Program, subject to the authorization of the voters at the Bond Election on
January 15, 2000; and providing an effective date.
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February 1, 2000
Page 12
Council Member Young felt that a minority needed to be appointed to the committee and
recommended Bill Redmon.
Mayor Pro Tem Beasley suggested adding Greg Sawko.
Council Member Young suggested adding Fran Morgan.
The following resolution was considered:
NO. R2000-006
A RESOLUTION APPOINTING A SPECIAL FIVE (5) MEMBER OVERSIGHT
COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF
THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE
AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON JANUARY
15, 2000; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the resolution increasing the membership to
seven members to include Fran Morgan and Greg Sawko. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
35. The Council received a report, conducted deliberations, and determined appropriate
actions to be taken, including potential initiation of rezoning, regarding two development
projects considered to be inconsistent with the City of Denton Comprehensive Plan, identified as
follows:
a. Ryan-Teasley: an approximate 13.7-acre commercial and multi-family site
included within the boundaries PD-93, an approximate 30.4-acre tract located on
the southwest corner of Ryan Road and Teasley Lane.
b. RNW Addition: an approximate 8.3-acre commercial site included within the
boundaries of PD-16, an approximate 11.2-acre tract located on the southwest
corner of Teasley and Teasley.
Item a. was considered.
Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023 spoke regarding opposition to the
downzoning.
It was noted that the interim standards just approved would apply to the multifamily portion of
the development and the commercial portions would be done in stages.
No action was taken on Item a.
Item b. was considered.
The following individuals spoke regarding the issue:
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Page 13
Bill Dalstrom, 1445 Ross Avenue, Suite 3200, Dallas, 75202 – favor
Cary Moon, 14643 Dallas, Parkway, #910, Dallas, 75240 – favor
Howard Compton, 910 Main Street, Dallas, 75202 – not in favor of rezoning
Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 - in favor of rezoning
Mayor Miller indicated the following individuals submitted comment cards:
Lynn Thompson, 1520 Hunters Ridge, Denton, 76205 – in favor of rezoning
Debra Leonardi, 800 Smokerise, Circle, Denton, 76205 – in favor of rezoning
Jeff and Cathie King, 2241 Hollyhill, Denton, 76205 – in favor of rezoning
Dalstrom suggested postponing consideration for a week to allow the developer additional time
to work with the neighborhoods on the proposal.
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Durrance motioned, Burroughs seconded to postpone consideration until the February 8
meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
36. Consider nominations and appointments to the City’s Boards and Commissions.
Council Member Burroughs nominated Teresa Andress to the Parks and Recreation Board.
Beasley motioned, Young seconded to waive the Council’s rules and vote on the nomination at
this meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
On roll vote of the nomination, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson
“aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
37. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
38. New Business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Burroughs requested the addresses of the principal bidders for
contracts be included in the agenda materials.
B. Council Member Young asked for a report on odors from the City’s composting
pile.
C. Council Member Kristoferson requested a work session on conservation options
for land.
City of Denton City Council Minutes
February 1, 2000
Page 14
39. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
40. 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 10:03 p.m.
____________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS