Minutes December 10, 2002CITY OF DENTON CITY COUNCIL M1NUTES
December 10, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 10, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215
E. McKinney Street.
PRESENT:
Mayor Euline Brock; Mayor Pro Tern Mark Burroughs; Council Members
McNeill, Montgomery, Phillips, and Redmon
ABSENT: Council Member Fulton
1. The Council received a report, held a discussion, and gave staff direction regarding a
revision in the assessment of fees levied for the mowing of private property authorized by
Chapter 20 of the Code of Ordinances.
Captain Joanie Housewright stated that staff had reviewed the ordinance and current procedures
and recommended the following. In cases where the same person owned two or more vacant
properties, the properties would be treated as one property and mowing and administrative fees
would be assessed accordingly.
Staff also recommended revising the notification procedure to provide one notification, by
certified letter, to the owner upon the second grass and weed violation within a growing season.
The letter would notify the owner of the violation, the provision of fourteen (14) days to abate
the violation, and that the City would correct the violation if the owner failed to do so. The letter
would contain the warning that the owner would receive no warning of future violations during
that growing season and the City would assess appropriate fees for any corrective action taken.
Consensus of the council was to follow through with staff' s recommendations.
2. The Council received a report, held a discussion and gave staff direction regarding
municipal services in relation to fourplexes.
Vance Kemler, Director of Solid Waste, provided a summary of the latest revision to the Solid
Waste Rate Ordinance. Kemler stated that fourplex residential property would now be provided
commercial containerized service. Standardizing this service was based on the following
reasons: reduce the Cost of Service; reduce litter in neighborhoods and Code Enforcement
issues; some property owners preferred containerized service; rates were commensurate with
service needs; multiple billing options were available (billed to tenant, billed to property
management, billed to property owner, billed to other party).
Susan Croff, Utility Process/Quality Control Auditor, stated that rate structures for utilities were
based on usage and all had a reduction built in for low-end users. Croft stated that housing
assistance clients received a utility allowance based on the PHA schedule of average utility
consumption by unit size for each of the family paid utilities.
Croft stated the minimum payment for the drainage fee was 50 cents. Residential could go as
high as $15.50 per month. Fourplexes were considered residential under the drainage fee
schedule.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for today's City Council regular meeting of December 10, 2002.
City of Denton City Council Minutes
December 10, 2002
Page 2
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the items listed below.
1. The following was considered in Closed Meeting:
Deliberations regarding certain public power utilities: competitive matters -
Under Texas Government Code {}551.086. Consultation with Attorney --- Under
Texas Government Code {}551.071.
The Council received competitive public power information and
documentation from Staff regarding the First Supplement to Transition
Power Agreement, proposed to be executed by the City of Denton, Texas
and the Seller thereof, to reflect changes occurring over the course of time
from an electric operations standpoint; discussed other related matters; and
discussed, deliberated, considered, and provided Staff with direction
regarding such matters. Further discussed and considered the legal
ramifications regarding execution of the First Supplement to Transition
Power Agreement. Discussed other legal issues concerning and related to
this matter with the City's attorneys, where to discuss these matters in
public would conflict with the duty of the City's attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
The Council received competitive electric public power and market
information regarding the proposed assumption and agreement of the
Transition Power Agreement ("TPA"), executed by the City and PG&E
Trading-Power, L.P. on June 29, 2001 by a third party. Also received a
competitive public power presentation by Denton Municipal Electric
("DME") Staff regarding the proposed actions of the PG&E entities in
connection with their respective obligations to the City regarding electric
and related matters. Discussed, deliberated, considered, provided Staff
with direction, and considered voting, and taking final action, regarding
both the above proposed assumption and agreement of the TPA and the
following public power presentation. Further, discussed and considered
the legal ramifications and legal position of the City by conducting a
consultation with the City's attorneys in order to obtain the advice and
recommendations of the City's attorneys concerning these issues; where to
discuss such issues and matters in a public meeting would conflict with the
attorneys' duties and professional responsibilities to their client, the
Denton City Council, under the Texas Disciplinary Rules of Professional
Conduct.
Regular Meeting of the City of Denton City Council on Tuesday, December 10, 2002 at 6:30
p.m. in the Council Chambers at City Hall.
City of Denton City Council Minutes
December 10, 2002
Page 3
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Mayor Brock presented the following proclamations and awards:
UNT Mean Green Day
Police Appreciation Day
Rhonda Shirrell Week
Denton Tennis Association- Dedication of Mabel Craven Tennis Courts
Texas Downtown Association Best Public Improvement Project Award
December Yard-of-the-Month Awards were given to:
Laura Kinne
Kevin & Tiffany Williams
Mr. and Mrs. Charles Salas
Mr. and Mrs. C. L. Roedema
G. Ann Uhlir and Jo Kuhn
Dr. and Mrs. James Donovitz
Denton Municipal Landfill
Sonic Drive-In on Colorado Drive
C. City Manager Conduff presented recognition of staff accomplishments.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
Ross Melton regarding Code Enforcement, grass and weeds, and the
budget.
Mr. Melton reminded the Council that the City couldn't really control what people did on their
own property.
4. CONSENT AGENDA
Council Member Redmon asked to pull Items 4.C. and 4.D. for separate consideration.
Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Items 4.C. and 4.D. On roll vote, Burroughs
"aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried 6-0.
Item 4.C. was considered.
City of Denton City Council Minutes
December 10, 2002
Page 4
Redmon motioned, Burroughs seconded to approve Item 4.C. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
Item 4.D. was considered.
Redmon motioned, Burroughs seconded to approve Item 4.D. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
R2002-055 - A resolution reviewing and adopting the Investment Policy for
funds for the City of Denton; designating an investment officer; providing a
savings and repealing clause; and providing an effective date.
2002-395 - An ordinance authorizing the Mayor to enter into an Interlocal
Cooperation Agreement with Denton County for library services; and providing
an effective date.
2002-396 - An ordinance to declare the intent to reimburse expenditures from the
unreserved retained earnings of the Technology Services Fund with Certificates of
Obligation for replacement of public safety communications equipment; declaring
an emergency and amending the 2002-2003 Capital Improvement Budget; and
providing an effective date. (Project-S740,000.00 for Public Safety
Communications Equipment).
2002-397 - An ordinance awarding a contract for the purchase of public safety
radios and hardware and software necessary for the upgrade of the City of Denton
800 MHZ trunk radio system as awarded by the State of Texas Building and
Procurement Commission (formerly known as the General Services Commission)
through the Qualified Information Services Vendor (QISV) Catalogue Program;
providing for the expenditure of funds therefore; and providing an effective date
(File 2932 - Public Safety Radios and Miscellaneous Equipment awarded to
Motorola Communications and Electronics Inc. in the amount of $720,555).
2002-398 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement for Professional Legal Services with the Law
Offices of Jim Boyle, PLLC for Professional Legal and Lobbying Services related
to the 78th Texas Legislative Session pertaining to the City of Denton/Denton
Municipal Electric; authorizing the expenditure of funds therefore; and providing
an effective date.
2002-399 - An ordinance approving an amendment to a passenger motor carrier
transit agreement between the City of Denton and McDonald Transit Associates,
Inc., dated April 16, 2002 to provide an express shuttle service for the University
of North Texas; providing for the expenditure of funds therefore; and providing
for an effective date.
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December 10, 2002
Page 5
R2002-056 - A resolution of the City of Denton, Texas approving revised City
policies regulating Drug and Alcohol Free Work Place and Anti-Substance Abuse
and Rehabilitation Policy of City employees and declaring an effective date.
R2002-057 - A resolution of the City of Denton, Texas, postponing the regular
City Council meeting of December 3, 2002 to December 10, 2002 to allow
Council Members and City staff to attend the National League of Cities
Conference; canceling the regular Council meeting scheduled for December 17,
2002, to allow Council Members and City staff to travel to New Orleans to
support the UNT Sun Belt Conference Championship Football Team which will
play the University of Cincinnati in the New Orleans Bowl; providing retroactive
effect; and declaring an effective date.
R2002-058 - A resolution of the City of Denton, Texas, adding support for
regional transportation authorities and for funding for regional transportation
authorities to the City of Denton's legislative priorities; and providing an effective
date.
2002-400 - An ordinance of the City of Denton, Texas accepting competitive
sealed best value bids and awarding the best value bidders with orders for Solid
Waste Department purchases consisting of certain sized refuse carts and recycling
carts; providing for the expenditure of funds therefore; and providing an effective
date (RFP No. 2908 - Solid Waste Department purchases-Refuse Carts and
Recycling Carts).
2002-401 - An ordinance accepting competitive bids and awarding a public
works contract for the construction of the Middle Pecan Inflow and Infiltration
Rehabilitation; providing for the expenditure of funds therefore; and providing an
effective date (Bid 2906 - Middle Pecan Creek Inflow and Infiltration awarded to
Texas Electric Utility Construction, Inc. in the amount of $1,481,770.96).
2002-402 - An ordinance accepting sealed proposals and awarding a contract for
Employee Assistance Program (EAP) services for the City of Denton; providing
for the expenditure of funds therefore; and providing an effective date (RFSP
2887 - Employee Assistance Program awarded to Workers Assistance Program,
Inc. in the amount of $18,096).
2002-403 - An ordinance approving the expenditure of funds for the purchase of
repair services 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 (File 2923 - Repair of Front Loading Refuse
Truck awarded to Dallas Peterbilt L.P. in the amount of $59,271.94).
2002-404 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Transformer Repairs-Pole Mount and Pad Mount;
providing for the expenditure of funds therefore; and providing an effective date
(Bid 2876 - Transformer Repairs-Pole Mount and Pad Mount awarded to Alamo
Transformer Supply Company in an amount not to exceed $75,000).
City of Denton City Council Minutes
December 10, 2002
Page 6
2002-405 - An ordinance of the City of Denton, Texas, prohibiting any drivers
from turning right on red from northbound Carroll Boulevard onto Sherman
Drive; providing a savings clause; providing a severability clause; providing a
penalty not to exceed two hundred dollars; and declaring an effective date.
2002-406 - An ordinance authorizing the City Manager or his designee to execute
a settlement agreement with Shepherd Place Homes concerning drainage and
street improvements for the Bellaire North Addition and providing an effective
date.
2002-407 - An ordinance by the City of Denton abandoning and vacating a
portion of a drainage easement from Shepherd Place Homes Inc. recorded in
Volume 4588, Page 107 Deed Records of Denton County, Texas; and providing
an effective date.
2002-408 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring an easement in
an approximate 1.31 acre tract or parcel of land for electric utility purposes being
a part of the M.T. Cole Tract described in deed recorded in Volume 249, Page 387
of the Deed Records of Denton County, Texas, said property being located in the
B.B.B. and C.R.R. Survey, Abstract No. 176, Denton County, Texas, and an
easement in an approximate 16.30 acre tract or parcel of land for electric utility
purposes being a part of the M.T. Cole Tract described in deed recorded in
Volume 249, Page 387 of the Deed Records of Denton County, Texas, said
property being located in the J. Kjelberg Survey Abstract No. 1610, the J. Bacon
Survey Abstract No. 1540, the I. Hembrie Survey Abstract No. 594, and the I.
Byerly Survey Abstract No. 1458, Denton County, Texas; authorizing the City
Manager or his designee to make an offer to purchase the property for just
compensation and if such offer is refused, authorizing the City Attorney to
institute the necessary proceedings in condemnation in order to acquire the
property necessary for the public purpose of electric utility facilities and
installation; declaring an effective date. (West Denton Electric Project-Cole)
2002-409 - An ordinance authorizing the City Manager or his designee to execute
a Pipeline Crossing Agreement with Union Pacific Railroad Company for a
sanitary sewer pipeline located at Mile Post 719.73, Choctaw Subdivision, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefore;
and providing an effective date.
2002-410 - An ordinance authorizing the City Manager or his designee to execute
a golf driving range lease contract for North Lakes Park in the City of Denton;
and providing an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, designating the property located at 424 Texas Street as a Historic
Landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances providing
City of Denton City Council Minutes
December 10, 2002
Page 7
for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an
effective date (Historic Landmark Commission recommended approval 5-0. Planning and
Zoning Commission recommended approval 7-0). (SI02-0014)
Julie Glover, Main Street Administrator, stated that the property had a new owner and the new
owner wanted to look over the material and see what all was involved in the historic designation.
Glover requested that the public hearing be continued to the January 28, 2003 City Council
meeting.
The Mayor opened the public hearing.
Burroughs motioned, McNeill seconded to continue the public hearing to the January 28, 2003
City Council meeting. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye",
Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0.
B. The Council held a public hearing and considered adoption of an ordinance
amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Existing Land
Use/Infill Compatibility to Community Mixed Use Center. The area for amendment
encompassed approximately 10.74 acres. The site was generally located at the northwest corner
of the East University Drive and Old North Road intersection. Office and retail/restaurant uses
were proposed. The Planning and Zoning Commission recommended approval (7-0). (CA02-
0004, OM North Place)
Larry Reichhart, Assistant Director of Planning & Development, stated that the applicant was
proposing the comprehensive plan amendment to allow for rezoning of a portion of the property
to Community Mixed Use General. The CM-G zoning district would allow uses that were not
allowed by right in the Neighborhood Residential Mixed Use zoning district. The proposed
change would allow for more intensive use of the property.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Alan Bussell, representing the applicant, spoke in support of the request.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-411
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON
PLAN FOR THE CITY OF DENTON, TEXAS FOR AN AREA ENCOMPASSING
APPROXIMATELY 10.74 ACRES GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE EAST UNIVERSITY DRIVE AND OLD NORTH ROAD
INTERSECTION; SUCH AMENDMENT IS FROM EXISTING LAND USE/1NFILL
COMPATIBILITY TO COMMUNITY MIXED USE CENTER; AND PROVIDING AN
EFFECTIVE DATE. (CA02-0004)
City of Denton City Council Minutes
December 10, 2002
Page 8
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning multiple parcels totaling approximately 12.2 acres from Neighborhood Residential 3
(NR-3) and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood
Residential Mixed Use (NRMU) and Community Mixed-Use General (CM-G) zoning districts.
The site was located at the northwest corner of University Drive and Old North Road
intersection. Retail, restaurant, and offices land uses were proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z02-0052, OMNorth Place)
Larry Reichhart, Assistant Director of Planning & Development, presented details of the
proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-412
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A ZONING
CHANGE FOR A 1.44 ACRE PARCEL FROM NR-3 TO NRMU, A 1.6 ACRE PARCEL
FROM NR-3 TO CM-G, AND A 9.14 ACRE PARCEL FROM NRMU TO CM-G; SUCH
PARCELS BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF
UNIVERSITY DRIVE AND OLD NORTH ROAD IN THE W. POGUE SURVEY,
ABSTRACT NO. 1012, CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0052)
McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
D. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 7.5 acres, from Planned Development 191 and Employment Center
Industrial (EC-I) zoning districts to an Employment Center Commercial (EC-C) zoning district.
The site was generally located south of University Drive, between Loop 288 and Mayhill Road.
A convenience store and gas station were proposed. The Planning and Zoning Commission
recommended approval (7-0) (Z02-0051, Prominence Square)
Larry Reichhart, Assistant Director of Planning & Development, stated that the current zoning
allowed for quick vehicle servicing and drive thru facilities, however did not allow for retail
sales and services. The applicant wanted to construct a gas station/convenience store.
City of Denton City Council Minutes
December 10, 2002
Page 9
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, 7823 Nine Mile Bridge Road, Ft. Worth, spoke on behalf of the
applicant.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-413
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT 191 (PD- 191) AND AN EMPLOYMENT
CENTER GENERAL (EC-G) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.2 ACRES OF
LAND IN THE W. LLOYD SURVEY ABSTRACT 774 AND GENERALLY LOCATED ON
THE SOUTH SIDE OF UNIVERSITY DRIVE APPROXIMATELY 1000 FEET EAST OF
LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0051)
Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
E. The Council continued a public hearing and considered adoption of an ordinance
regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12
zoning district. The Planning and Zoning Commission recommended approval (7-0). (SI02-
0010, NRMU-12 Zoning Distric0
Larry Reichhart, Assistant Director of Planning & Development, stated that the Council had
approved five amendments to the Development Code on the NRMU-12 and NRMU zoning
districts at the October 15, 2002 City Council meeting. The public hearing was continued to this
meeting on the proposed amendment to the NRMU-12 zoning district as it related to multi-
family. He stated that staff recommended the public hearing be closed and the issue be taken up
in a work session by Council or remanded back to the Planning and Zoning Commission for
further review.
The Mayor stated that the public hearing was continued from the previous City Council meeting.
The following individual spoke during the public hearing:
Ed Wolski, 2301 Hollyhill, spoke on behalf of the Windsor Oaks Development. He
requested that any zoning change that had already received neighborhood approval under
the new Development Code be exempted from requiring neighborhood approval all over
again.
City of Denton City Council Minutes
December 10, 2002
Page 10
The Mayor closed the public hearing.
Burroughs motioned, McNeill seconded to revisit the issue in a work session with a sufficiently
broad topic so they could identify other NRMU issues. On roll vote, Burroughs "aye", McNeill
"aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered an appeal from Ali A1-Khafaji regarding costs imposed
for mowing fees in accordance with Section 20-72 of the City of Denton Code of Ordinances.
Captain Joanie Housewright, stated that Mr. A1-Khafaji was appealing mowing charges in the
amount of $342.00 for his property at 3311 E. McKinney. The property had a high grass and
weeds violation and a contractor was contacted to mow the property.
Mr. A1-Khafaji stated that he had not received a letter notifying him that the property needed to
be mowed and felt they were being targeted because of their race.
City Attorney Herb Prouty advised the Council they could decide if $342.00 was a reasonable
charge or change the amount.
Council Member Burroughs asked what kind of fence was around the property.
Mr. A1-Khafaji stated that it had a chain link fence.
Phillips motioned; Redmon seconded to postpone consideration of the item until the Council
could receive additional information from staff. On roll vote, Burroughs "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carried 5-1.
B. Consider adoption of an ordinance approving an Alternative Development Plan
for approximately 2.2 acres located in a Downtown Commercial General (DC-G) zoning district.
The site is generally located on the northeast corner of Carroll Boulevard and Oak Street,
commonly known as 400 West Oak Street. A bank, office space and drive thru facility are
proposed. The Planning and Zoning Commission recommends approval (6-0). (SP02-0008, 400
West Oak)
Larry Reichhart, Assistant Director of Planning & Development, stated that the applicant was
requesting the Alternative Development Plan to allow a detached drive thru facility for the
proposed bank use. He stated that due to design constraints and site restrictions the drive thru
was better positioned detached from the primary structure.
The following individual spoke regarding this item.
Marty Rivers, 200 Whitefish Court, spoke in support
City of Denton City Council Minutes
December 10, 2002
Page 11
The following ordinance was considered:
NO. 2002-414
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
ALTERNATIVE DEVELOPMENT PLAN FOR A DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE
PURPOSE OF PROVIDING FOR AN APPROXIMATE 2.2 ACRE SITE LOCATED AT 400
WEST OAK STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (SP02-0008)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
C. The Council considered an appeal of a physical hardship variance of Section
35.13.3(B) and 35.20.2(M.3.) of the Code of Ordinances concerning the requirement for the
submittal of a Traffic Impact Analysis (TIA). The 2.203-acre parcel was generally located on
the northeasterly corner of Carroll Boulevard and Oak Street. The property was located in a
Downtown Commercial General (DC-G) zoning district. A bank with drive-ups was proposed.
The Planning and Zoning Commission denied the variance request by a vote of 3-3, 1 abstention.
(F02-0013, Carroll Addition TIA variance)
Dave Hill, Assistant City Manager of Development Services, stated that the applicant was
appealing the Planning and Zoning Commission's decision to deny the physical hardship
variance concerning the requirement of a Traffic Impact Analysis.
Council Member Phillips asked what a Traffic Impact Analysis would accomplish.
Hill stated the TIA could provide an analysis of the level of service and safety issues at the
intersections of Carroll/Oak and Carroll/Pearl with and without the additional traffic and any
immediate and/or future improvements (such as restriping, improved signage, signal
installation). It could provide information on the need for a right turn lane for the driveway on
Carroll or Oak.
Council Member Montgomery asked when the developer was notified of the need for the Traffic
Impact Analysis.
Hill stated that he thought the developer was notified on October 23 that a TIA would be
required.
The following individuals spoke regarding this item:
Alan Bussell, 1668 Amanda Court, spoke in support
Marty Rivers, 2000 Whitefish Court, spoke in support
Russell Bates, 1300 N. Locust, spoke in support
City of Denton City Council Minutes
December 10, 2002
Page 12
Brock motioned, Montgomery seconded to approve the appeal. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried 6-0.
D. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor Brock requested an update on recycling in the City.
Mayor Brock stated there were concerns of university communities and
how to deal with rental property concerns. She requested information
available about what other cities did and what concerns other citizens
might have.
Council Member Redmon asked if the City had a policy on animals being
killed in the city limits for human consumption.
Council Member Redmon requested a report from the racial profiling task
force.
Council Member Redmon asked if the City had a policy on how to handle
graffiti and the ability of Code Enforcement to cite people for violations.
He spoke of two railroad trestles that needed painting - one on Dallas
Drive and one on Robertson.
E. Items from the City Manager
City Manager Conduff stated that Council had upcoming meetings with the Chamber of
Commerce and wanted to point out that the Executive Director of the Chamber would be 50.
F. There was no continuation of the Closed Meeting under Sections 551.071-
551.086 of the Texas Open Meetings Act.
G. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:40 p.m.
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS