Minutes March 02, 2004CITY OF DENTON CITY COUNCIL M1NUTES
March 2, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 2, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill,
Montgomery, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion and gave staff direction regarding
proposed revisions to current ordinances that regulate solicitors and itinerant vendors.
Captain Joannie Housewright, Denton Police Department, reviewed the proposed revisions of the
solicitors and itinerant vendors permit. The revisions included changes with handbills and flyers;
solicitor's permit requirements, solicitor's permit period, itinerant merchants, and ATM
machines. Details of those revisions were included in the agenda back-up materials.
Council Member Redmon arrived at the meeting.
Council discussion included:
· Definition of itinerant merchants
· Exclude tent sales
· Not limiting the use of the property by that property owner
· Adding exemptions for such sales as bedding plants due to the seasonal nature
· Addressing the purchasing of items from itinerant buyers as opposed to itinerant sellers
· Consideration of snow cone stands
· Investigate a permit and fee for newspaper stands
· Include the placement of flyers on cars
Council allowed Mike Cochran to address the Council.
Mike Cochran stated that there were groups going door-to-door soliciting funds for recycling
which were not legitimate. He stated that the Texas Campaign for the Environment had returned
to Denton and was soliciting funds for a fraudulent use. He cautioned the City to work on
legislation to prohibit such organizations. He provided information to the Council on such
groups.
Council discussed the concerns raised by Mr. Cochran and suggested including those in the
review of the ordinance.
2. The Council received a report, held a discussion and gave staff direction regarding
proposed changes to the current Food and Food Service Establishments Ordinance.
Kelly Carpenter, Director of Planning and Development, stated that the primary thrust of the
ordinance was to adopt the current 1998 version of the Texas Food Establishment Rules. It
would also make minor local adjustments to the Rules. Section 13-24 established stricter rules
than the Texas rules for restaurants.
City of Denton City Council Minutes
March 2, 2004
Page 2
Council discussion included how to regulate ice cream vendors on the streets and allowing for a
lead-time for the effective date of the ordinance.
Consensus of the Council was to proceed with the ordinance.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for March 2, 2004.
Following the completion of the Work Session, the Council convened into a Closed Session.
1. Council considered the following in Closed Meeting:
Deliberations regarding real property- Under Texas Government Code {}551.072
and Consultation with the City's Attorneys - Under Texas Government Code
{}SSi.071.
Discussed and deliberated the potential value of and the sale or lease or
other disposition of numerous tracts of certain real property and
appurtenances, thereto, consisting of street right of way all owned by the
City of Denton, Texas, being situated throughout the City of Denton,
Texas relating to fiber optic operations both inside and outside the city
limits of the City of Denton, Texas; and the receipt of legal advice from
the City's attorneys on matters in which their professional responsibility to
the City Council regarding real estate matters requires private legal
consultation.
Regular Meeting of the City of Denton City Council on Tuesday, March 2, 2004 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor Brock presented proclamations for:
Denton Kiwanis Club Day
Severe Weather Awareness Week
American Red Cross Month
Denton Redbud Festival Day
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
City of Denton City Council Minutes
March 2, 2004
Page 3
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
1. Bill Brasfield regarding the City of Denton.
Mr. Brasfield stated he was asking compassion for the disabled, senior citizens and others unable
to pay their bills and who had their utilities disconnected.
Peternia Washington regarding responsible and responsive government,
part 2.
Ms. Washington commented on the Denton Housing Authority and the resignation of Ms.
Mister.
3. Ed Soph regarding environmental policies in Denton.
Ms. Soph commented on environmental policies in Denton. He felt there was a lack of
environmental structure within the city departments regarding the environment.
4. Dessie Goodson regarding truth and justice.
Ms. Goodson stated she was still having issues with the LINK system. She had lived for years
without utilities because the City had issues with her utility bill.
5. Alan Michlin regarding north Loop 288.
Mr. Michlin suggested that the City rename north Loop 288 to "Commuter 380" and University
Drive be renamed to "Business 380". He felt such a change might create business in the area
with different street designations.
4. CONSENT AGENDA
Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
Approved the minutes of January 20, January 27, February 3, and February 10,
2004.
Approved an exception to the Noise Ordinance for the purpose of a music festival
conducted by Creatures for Awareness, at the North Texas Fair Grounds, on
Saturday, March 27, 2004 from 12:00 Noon to 10:00 p.m. The exception is
specifically requested for an increase in the maximum allowable decibels for an
outdoor music festival.
2004-048 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3131 - Water
City of Denton City Council Minutes
March 2, 2004
Page 4
Treatment Chemicals awarded to the lowest responsible bidder in the total
estimated amount of $500,000).
2004-049 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of long-term rental of heavy equipment for the Solid
Waste Department; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3132 - Long Term Rental of Heavy Equipment awarded to
T-K-O Equipment Co. in the estimated amount of $66,500).
2004-050 - An ordinance of the City of Denton approving a change order for a
professional services agreement between the City of Denton, Texas and
Innovative Transportation Solutions, Inc. dated March 5, 2002; retroactively
extending said agreement, and authorizing and ratifying the expenditure of funds
for work previously performed; authorizing the City Manager or his designee to
execute the change order on behalf of the City and expend funds authorized by the
change order; and providing for an effective date.
2004-051 - An ordinance of the City of Denton, Texas approving an Agreement
between the City of Denton and the North Texas Umpire Association; approving
the expenditure of funds for the purchase of certified softball officiating services
available from only one source in accordance with the provisions of the state law
exempting such purchases from the requirements of competitive bids; and
providing an effective date (File 3145 - Agreement with North Texas Umpire
Association in the amount of $40 per game for an estimated award of $44,000).
2004-052 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement with
R. J. Covington Consulting, LLC for consulting services relating to Task Order
No. 04-A, regarding the Texas Nodal Team Process to Redesign the Texas
Electrical Market relating to the City's position on issues and the interests of
Denton Municipal Electric; authorizing the expenditure of funds therefor;
providing for retroactive ratification and approval thereof; and providing an
effective date.
Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
eet~C rp atin ~Pli~ep~ent 200 $ 5 50
2. Toni Porter Overpayment 2003 572.62
~hi ~i~ ~O ~PIi ate ~wy,~ent g0Q~ ! g0
4. Lereta Corporation Duplicate Payment 2003 634.48
6. Countrywide Home Loans Duplicate Payment 2003 693.35
~ni~I S~ings ~p~iate ~y~ent ~00~ g g~
8 Col0nial Savings Duplicate Payment 2003
10. Washington Mutual Overpayment 2003 887.92
~ ~a~la pe~ ~P~i ate ~wf~ent g0Q~ ~0~
City of Denton City Council Minutes
March 2, 2004
Page 5
12.
Name Reason Amount
Year
Lereta Corporation Duplicate Payment 2003 941.12
! 4: National City M0~gage Overpayment 2003 1,06~39
2004-053 - An ordinance authorizing the City Manager or his designee to execute
a Pipeline Crossing Agreement with Union Pacific Railroad Company for a
pipeline crossing located at Mile Post 723.10, Choctaw Subdivision, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date.
2004-054 - An ordinance by the City of Denton, Texas abandoning and vacating
its public utility easements recorded in Volume 1421, Page 168, and Volume
2978, Page 915 of the Real Property Records of Denton County, Texas and being
in the Poulallier Survey, Abstract Number 1006, Denton County, Texas; and
providing an effective date.
2004-055 - An ordinance of the City Council of the City of Denton, Texas
approving the Fourth Amendment to that agreement between the City of Denton
and the Denton Affordable Housing Corporation; authorizing the City Manager to
execute the Fourth Amendment and to expend funds with respect to the Fourth
Amendment; and providing for an effective date.
2004-056 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Contract for Professional Legal
Services with Springer, Lyle & Watt, LLP for professional legal services relating
to litigation styled Ortegren, et al. v. City of Denton, Cause No. 2002-30205-211,
currently pending in the 21 lth District Court of Denton County; authorizing the
expenditure of funds therefore; and providing an effective date.
2004-057 - An ordinance approving an agreement between the City of Denton and
Canyon Energy Partners, Ltd. for the abandonment of Street Right-of-Way and
Temporary Access Easement for all that portion of Blagg Road as it affects the
entirety of Tract ! as described in deed from Dieter Schwartz to Lakeview Ranch,
L.P. as recorded under Clerk's File Number 99-R0077444, Real Property
Records, Denton County, Texas, and Lot 5R and Lot 6R, Block 9, Lakeview
Ranch as recorded in Cabinet T, Page 124 of the Plat Records of Denton County,
Texas, and being located in the Moreau Forrest Survey, Abstract Number 417,
Denton County, Texas, and providing an effective date.
2004-058 - An ordinance establishing the Joseph A. Carroll Administration
Building as a temporary branch voting location for early voting for the May 15,
2004 election; and declaring an effective date.
City of Denton City Council Minutes
March 2, 2004
Page 6
5. PUBLIC HEARINGS
A. 1. The Council held a public hearing and considered adoption of an
ordinance amending Sub-Chapters 3 (Procedures), 16 (Subdivisions), 17
(Environmentally Sensitive Areas), and 22 (Gas Well Drilling and Production) of the
Development Code associated with gas well drilling and production. (SI03-0024, Gas'
We//Amendments)
2. The Council considered adoption of an ordinance amending the
Development Review Fee Schedule to add fees for Watershed Protection Permits, gas
well inspections, and tree mitigation associated with gas well development. (SI04-0001,
Fee Schedule Amendments)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Oren Thomas, 1841 S. Bonnie Brae, Denton, 76207 - favor
Kent Key, 3100 Triple Crown Court, Denton, 76201 - favor
Lee Allison, 511 Pecan Creek Road, Denton, 76207 - favor
Bill Coleman, 300 N. Elm, Denton, 76201 - favor
Tom Perkins, P.O. Box 209, Wichita Falls, 76307 - favor
Darrell Lohoefer, 2525 Kell Blvd., #510, Wichita Falls, 76308 - favor
Pete Connell, 2471 Hickory Creek Road, Denton, 76210 - favor
Jay Ewing, 306 Highway 380, Bridgeport, 76426 - favor
Ray Stevens, P.O. Box 7, Bridgeport, 76426 - favor
Dean Williams, 1434 Keeneland, Aledo, 76008 - favor
Jerry Stokes, 4304 Chimney Rock, Colleyville, 76034 - favor
Bob Cates, 4226 1-35 N, Denton, 76207 - favor
Terry Graham, 1251 W. Magnolia, Fort Worth, 76104 - favor
Mark Kalpakis, 770 N. Fielder, Arlington, 76012 - favor
Martin Garza, 1717 Main, Dallas, 75201 - favor
Betty Farmer, 9475 Hilltop Road, Denton, 76226 - favor
Wendell Mullins, 1010 N. Elm #B, Denton, 76201 - favor
Tom and Peggy LaPoint, 1900 Highland Park Circle, Denton, 76205 - opposed
Betty John Robertson, 2275 Leatherwood, Denton, 76210 - opposed
Jacqueline Karlson, 1105 Abbots Lane, Denton, 76205 - opposed
Cindy Baxley, 1206 W. Russell, Carrollton, 75006 - opposed
Richard Smart, 2360 White Oak Drive, Little Elm, 75068 - opposed
Robert Killain, 910 Edgewood Place, Denton, 76209- opposed
Ken Dickson, 8065 Zackery Road, Aubrey, 76227 - opposed
Richard Wilkinson, Box 274, Ponder, 76259 - opposed
Ed and Carol Soph, 1620 Victoria, Denton, 76209 - opposed
Julie Smith, 532 W. Windsor, Denton, 76207 - opposed
Jerry Langley, P.O. Box 1056, Sanger, 76266 - opposed
Mike Woodall, 1987 PR 6630, Sanger, 76266 - opposed
Howard Redfearn, 1904 Nevada, Denton, 76209 - opposed
Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 - opposed
City of Denton City Council Minutes
March 2, 2004
Page 7
Cheryl Cortemeglia, 1407 Bernard Street, Apt. 242, Denton, 76201 -opposed
Paul Hudak, UNT Geology Department - opposed
Jared Martin, 2301 Northway, Denton, 76207 -opposed
Dwight Wilson, P.O. Box 1379, Bedford, 76095 - opposed
Scott Matula, 1720 Knoxville Drive, Bedford, 76022 - opposed
David and Kristen Waidler, 9347 Highedge Circle, Dallas, 75238 - opposed
Susan Apple, 8000 Woodcreek Circle, Argyle, 76226 - opposed
Mike Cochran, 610 West Oak Street, Denton, 76201 - opposed
Regina Southworth, 5295 Shaw Road, Denton, 76208 - opposed
Kelly Dlougy, 1432 Kittery Drive, Plano, 75093 - opposed
Mike Carothers, 3724 Solarium Place, Plano, 75075 - opposed
Kenneth Befus, 425 Fulton Street, Denton, 76262 - opposed
David Dlouhy, P.O. Box F, Vida, Oregon, 97488 - opposed
Dustan Compton, 2558 Quail Ridge Drive, Denton, 76209 - opposed
Dessie Goodson, 2103 North Elm, Denton, 76201 -opposed
Bill Forbes, 2244 Bryan Street, Denton, 76201 - opposed
Robin Buckallew, 3900 Teasley #104, Denton, 76210 - opposed
The Mayor closed the public hearing and indicated that Comment Cards had been received from:
Scott Inglish, 4540 Lone Grove, Plano, 75093 - opposed
Irene Klaver, 1821 Scripture, Denton, 76201 - opposed
Bruce Berg, 1202 Oakwood, Denton, 76205 - opposed
Nancy Viens, 308 Normal, Apt. 19, Denton, 76201 - opposed
Jeffrey Levy, 1610 E. McKinney, #1813, Denton, 76209 - opposed
Monika Antonelli, 1202 Oakwood Drive, Denton, 76205 - opposed
Robert Huffaken, 3332 Helm Lane, Denton, 76210 - opposed
Sarah Whyman, 3900 Teasley Lane, Denton, 76210 - opposed
Patricia Nordstrom, 1700 Willowwood, Denton, 76205 - opposed
Steve Pierson, 2128 Burning Tree Lane, Denton, 76209 - opposed
Neil and Andrea Slater, 1921 Willowwood, Denton, 76205 - opposed
Janay Tieken, 2400 Natchez Trace, Denton, 76210 - opposed
Mike Mizell, 800 Edgewood, Denton, 76209 - opposed
Betty Tomboulian, 1502 Seminole, Denton, 76201 -opposed
Scott Hutchins, 8415 PR 6630, Sanger, 76266 - opposed
Jacqueline Phillips, 2205 Leatherwood Lane, Denton, 76210 - opposed
Rebecca Dunlap, 2300 W. Hickory, Denton, 76201 - opposed
Brian Boe, 516 W. Sycamore, Denton, 76201 - opposed
Tricia Dameron, 2302 W. Hickory, Denton, 76201 - opposed
Elise Ridenour, 2044 W. Oak, Denton, 76201 - opposed
Steven Friedson, 2044 W. Oak, Denton, 76201 - opposed
Alexandra Upton, 2561 Quail Ridge, Denton, 76209 - opposed
Larry Apple, 8000 Woodcreek, Argyle, 76226 - opposed
Matthew White, 2320 Palmer Drive, Denton, 76209 - opposed
Elizabeth Mauritz, 425 IOOF #2212, Denton, 76201 - opposed
Heinrich Goetz, 2025 Crestwood, Denton, 76209 - opposed
Banu Bhanoaru, 1337 Colby Drive, Lewisville, 75067 - opposed
Suritha Veerapoueris, 2731 Spanish Moss Trail, Frisco, 75034 - opposed
City of Denton City Council Minutes
March 2, 2004
Page 8
Cynthia Thomas, 1201 Lakeview blvd, Denton, 76208 -opposed
Thomas Beitinger, 1201 Lakeview, Denton, 76208- opposed
Patrice Lyke, 1109 Egan, Denton, 76201 - opposed
Paul Braterman, 619 E. College, Denton, 76209- opposed
James Dixon, P.O. Box 450, Decatur, 76254 - favor
W. E. Davis, 3709 Greenbrier, Dallas, 75225 - favor
Gary Hayden, 2106 North Bell, Denton, 76209 - favor
Rand Stinnett, P.O. Box 2187, Denton, 76202 - favor
The following were Council discussion points:
· The proposed ordinance contained more inspections than the current regulations.
· Inspections would take place in the ETJ as well as in the city limits.
· Concerns about erosion in flood plain with silt problems.
· Provisions for the reworking of a well in future years.
· Future consideration of the make-up of the well road in future years.
· Soil disturbance would be minimal.
· Any issues with trees would be addressed in the new tree ordinance.
· Include a provision for a revisit of the ordinance in a year.
The following ordinance was considered:
NO. 2004-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 3 (PROCEDURES), SUBCHAPTER 16 (SUBDIVISIONS),
SUBCHAPTER 17 (ENVIRONMENTALLY SENSITIVE AREAS), AND
SUBCHAPTER 22 (GAS WELL DRILLING AND PRODUCTION) OF THE DENTON
DEVELOPMENT CODE, PROVIDING FOR A PENALTY CLAUSE WITH A
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (SI03-0024)
McNeill motioned, Burroughs seconded to adopt the ordinance as presented with the other noted
issues to be addressed as future amendments. On roll vote, Burroughs "aye", Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "nay" and Mayor Brock "nay".
Motion carried with a 5-2 vote.
The following ordinance was considered:
NO. 2004-060
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SCHEDULE OF FEES CONTAINED IN ORDINANCE 2002-041 BY ADOPTING A
NEW SCHEDULE OF FEES AS AUTHORIZED BY THE DENTON DEVELOPMENT
CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR
REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES,
CERTIFICATES, VARIANCES, SPECIAL EXCEPTIONS OR DESIGNATIONS
City of Denton City Council Minutes
March 2, 2004
Page 9
REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING
REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR A REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
amending the Mobility Plan Component of The Denton Plan to revise the location and change
the classification of Western Blvd. and changing the classification of Masch Branch Road
between Hwy 380 and Jim Christal Road; and providing an effective date. The Planning &
Zoning Commission recommended approval (5-0). (SI03-0019, Western Blvd Mobility Plan
AmendmenO
David Salmon, Assistant Director of Engineering, presented the details of the proposed revision.
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. 2004-061
AN ORDINANCE AMENDING THE MOBILITY PLAN COMPONENT OF THE
DENTON PLAN TO REVISE THE LOCATION AND CHANGE THE
CLASSIFICATION OF WESTERN BLVD. AND CHANGING THE
CLASSIFICATION OF MASCH BRANCH ROAD BETWEEN HWY 380 AND JIM
CHRISTAL ROAD; AND PROVIDING AN EFFECTIVE DATE
Montgomery motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
C. The Council held the second of two public hearings to consider the voluntary
annexation and service plan for approximately 35.43 acres of land generally located north of
Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern
section of the City of Denton Extraterritorial Jurisdiction (ETJ). (,,103-0002, Village of Carmel
Annexation)
The Mayor opened the public hearing.
No one spoke during the public hearing.
City of Denton City Council Minutes
March 2, 2004
Page 10
The Mayor closed the public hearing.
No action was required on this item at this time.
D. The Council held the second of two public hearings to consider the voluntary
annexation and service plan for approximately 19.51 acres of land generally located north of
Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern
section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A03-0003, Flowers Baking
Company Annexation)
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing
No action was required on this item at this time.
E. The Council held a public hearing and considered adoption of an ordinance
regarding the Alternative Development Plan for approximately 32 acres located in a
Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located
approximately 350 feet east of Nottingham Drive, between University Drive and Mingo Road.
The Planning and Zoning Commission recommended approval (6-0). (ADP03-O009, Denton
Bible Church)
Kelly Carpenter, Director of Planning and Development, reviewed the details of the proposal.
The alternative development plan called for parking to be allowed between the building and
Highway 380.
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. 2004-062
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 32 ACRES OF
LAND GENERALLY LOCATED APPROXIMATELY 350 FEET EAST OF
NOTTINGHAM DRIVE, BETWEEN UNIVERSITY DRIVE AND MINGO ROAD,
WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF
ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP03-
0009)
City of Denton City Council Minutes
March 2, 2004
Page 11
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 2.99 acres from Neighborhood Residential 3 (NR-3) zoning district to
Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located
approximately 250 feet south of Bent Oaks Drive, approximately 85 feet west of Teasley Lane.
The Planning and Zoning Commission recommended approval (5-1). (Z03-0038, Ocean to
Ocean)
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal
that would allow for the building of professional offices.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Veva Vonler, 3332 Helm Lane, Denton, 76210 - opposed
Vicki Oppenheim, representing the petitioner - favor
Robert Huffaker, 3332 Helm Lane, Denton, 76210 - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-063
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 2.99 ACRES OF LAND LOCATED
APPROXIMATELY 250 FEET SOUTH OF BENT OAKS DRIVE,
APPROXIMATELY 85 FEET WEST OF TEASLEY LANE IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0038)
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance
regarding the amendment of the Detailed Plan for Planned Development 12 (PD-12). The
approximately 15 acres of land was located approximately 1,500 feet east of State School Road,
on the south side of Interstate 35. An automobile dealership was proposed. The Planning and
Zoning Commission recommended approval (5-0). (Z03-0039, dim McNatt Honda)
City of Denton City Council Minutes
March 2, 2004
Page 12
Kelly Carpenter, Director of Planning and Development, presented the details of the amendment
that would change the layout of the dealership.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
2004-064
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NOS. 87-084 AND 2001-149 TO PROVIDE FOR AN AMENDMENT OF THE
DETAILED PLAN/PROJECT PLAN FOR 15.02 ACRES LOCATED
APPROXIMATELY 1,500 FEET EAST OF STATE SCHOOL ROAD, ON THE
SOUTH SIDE OF INTERSTATE 35 IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z03-0039)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
H. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas designating a certain area within the city limits of Denton as Reinvestment
Zone No. VII for Commercial/Industrial Tax Abatement; establishing the boundaries of such
Zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax
Code; ordaining other matters relating thereto; providing a severability clause; providing for
repeal; and providing an effective date.
Linda Ratliff, Director of Economic Development, presented the details of the reinvestment
zone. The Fastenal Company had requested a tax abatement to construct a facility and build
improvements in the Reinvestment Zone VI.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
March 2, 2004
Page 13
NO. 2004-065
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT
ZONE NO. VII FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT;
ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING F1ND1NGS
REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS
TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN
EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the Mayor to
execute a Tax Abatement Agreement with Fastenal Company; setting forth all the required terms
of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax
Code; setting forth the various conditions precedent to Fastenal Company receiving the Tax
Abatement; providing for a severability clause; and providing an effective date. (Economic
Development Partnership Board recommends approval 7-0).
The following ordinance was considered:
NO. 2004-066
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX
ABATEMENT AGREEMENT WITH FASTENAL COMPANY; SETTING FORTH
ALL THE REQUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN
ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF THE TEXAS TAX
CODE; SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO
FASTENAL COMPANY RECEIVING THE TAX ABATEMENT; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
The Council considered adoption of an ordinance amending the fiscal year 2003-
04 Budget and Annual Program of Services of the City of Denton, Texas for 3%
cost of living adjustment; declaring an emergency; providing for publication; and
providing for an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
March 2, 2004
Page 14
NO. 2004-067
AN ORDINANCE AMENDING THE FISCAL YEAR 2003-04 BUDGET AND
ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON, TEXAS FOR 3%
COST OF LIVING ADJUSTMENT; DECLARING AN EMERGENCY; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Montgomery requested that the City Manager focus maximum
energy on opening Spencer based on the fact the Loop 288 would be delayed.
2. Council Member Redmon recommended the formation of an ad hoc citizen
environmental committee for review of the gas well ordinance in 6 months.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
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 wad adjourned at 12:35 a.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS