Minutes September 21, 2004CITY OF DENTON CITY COUNCIL M1NUTES
September 21, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 21, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion, and gave staff direction regarding
regional transportation issues.
Council Member Kamp presented an overview of regional transportation issues including air
quality. She indicated that she served on two different boards, the DMRC and the RTC.
Brian Barth, TxDot, presented information regarding tolling issues. TxDot was working on a
unified transportation program for the metropolitan mobility plan.
Council Member Redmon arrived at the meeting.
Barth reviewed identified needs that were funded and unfunded. He also reviewed the funding
sources and strategies for the plan such as spend wiser, be more efficient, borrow to build, find
partners. He stated that Highway 121 had been included in a feasibility study, which indicated
that it was a good road for tolling.
Joe Roy, DCTA, presented information regarding the Authority's perspective on a regional
solution to transportation issues. It was recognized that DCTA represented Denton County and
not just the three cities that were assisting with funding at this time. Funding continued to be an
issue with the Authority and the consideration of the raising of the tax cap to an additional half-
cent dedicated to mass transportation.
Council discussion included reasoning for potential tolling of Highway 121 and improvements to
I35 north of the Lewisville Bridge.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for September 21, 2004.
Regular Meeting of the City Council on Tuesday, September 21, 2004 at 6:30 p.m. in the
Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Mulroy,
Redmon and Thomson.
ABSENT: Council Member Montgomery
1. PLEDGE OF ALLEGIANCE
The Mayor and members of the City Council recited the Pledge of Allegiance to the U. S. and
Texas flags.
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September 21, 2004
Page 2
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. The Council considered a Resolution of Appreciation for Brenda Ormsby.
Council Member Montgomery joined the meeting.
Montgomery motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
Mayor Brock presented a proclamation for Fire Prevention Week.
Mayor Brock presented Yard of the Month awards to:
Michael Powell and Lauri Nack
Gladys Figeroa and Stephanie Soto
Bob and Ruby Crouch
Mark, Debbie and Memphis Merki
Rufus and Wilma Wells
Rudi Thompson, Monica Wilson and Cody Green
Water Smart Yard - UNT Master Hall
Business Yard - Wildwood Inn
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
3. CITIZENS REPORTS
A. Review of procedures for addressing the City Council.
Mayor Brock reviewed the procedures for addressing the City Council during the meeting.
B. The Council received citizen reports from the following:
1. Harvey Sparhawk regarding water bill adjustments and means for redress.
Mr. Sparhawk was not present at the meeting.
2. Robert Donnelly regarding drainage problems.
Mr. Donnelly, 3900 Quail Creek Road, Denton, presented information regarding problems with
drainage on his property from the neighboring apartment complex. The drainage was improperly
installed during the building of the complex. The City was not responding to his request for help
with the situation of the drainage with the developer of the complex.
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September 21, 2004
Page 3
John Ryan regarding wind devices, City language, and uses of City
services.
Mr. Ryan, 2128 Emerson Lane, Denton, stated that he and his wife were small business owners
in the City. They wanted to do additional advertising to bring in new tenants for their apartment
complex. He received a code enforcement violation in the mail regarding a "wind device". He
questioned the definition of a "wind device" as noted in the ordinance. He was bothered with the
time flame for the ordinance. He felt the intent of the ordinance was good but the practicality of
the ordinance was not. He also noted that a certificate of occupancy was required for his
apartment complex, which was not true to the definition of the certificate as it was to be issued
prior to anyone living there but the complex was a continued occupancy from a prior owner.
4. BUDGET CONSENT AGENDA
Mayor Pro Tern McNeill pulled items S, T, and U for separate consideration.
Mulroy motioned, Kamp seconded to approve the Budget Consent Agenda and accompanying
ordinances with the exceptions of Item S, T, and U. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
Item S was considered:
McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
Item T was considered.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
Item U was considered.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
2004-256 - An ordinance amending the Schedule of Water Rates contained in
Ordinance No. 2003-263 for Water Service and Water Rates; amending the
metered water from fire hydrant rate (Schedule WFH); amending the wholesale
treated water service rate to Upper Trinity Regional Water District (Schedule
WW2); amending the wholesale raw water service rate to Upper Trinity Regional
Water District (Schedule WRW); amending the wholesale raw water pass-through
rate for Upper Trinity Regional Water District from Lake Chapman into Lake
Lewisville (Schedule WCL); adding a fee schedule for water laboratory testing
fees; providing for a repealer; providing for a severability clause; and providing
for an effective date.
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September 21, 2004
Page 4
2004-257 - An ordinance amending the Schedule of Wastewater Rates contained
in Ordinance No. 2003-264 for Wastewater Service; amending the residential
wastewater service - facility charge and volume charge (Schedule SR); amending
the mobile home park - facility charge and volume charge (Schedule SMH);
amending the commercial/industrial wastewater service - facility charge, volume
charge, sampling and analysis charge, and surcharge; (Schedule SC); amending
the commercial/industrial wastewater service rate which measures with dedicated
meters (sub-meters) water for wastewater billing - facility charge, volume charge
and surcharge (Schedule SCD); amending the commercial/industrial wastewater
service rate which measures with dedicated meters (sub-meters) water excluded
from wastewater billing facility charge and surcharge (Schedule SCS);
amending the equipment services facilities and restaurants and food service
establishment - facility charge, volume charge, sampling and analysis charge, and
surcharge (Schedule SEE); amending the metered wastewater inside and outside
corporate limits - facility charge, volume charge, sampling and analysis charge,
and surcharge (Schedule SM); amending the sale of treated wastewater effluent -
facility charge (Schedule SGE); amending the wholesale wastewater treatment
service for a governmental agency, division, or subdivision; sampling and
analysis charge, and surcharge (Schedule SSC); amending the Dyno Dirt Products
50% discount for purchases (Schedule CWM); amending the grass/brush/leaves
charge for contaminated grass, brush, or leaves (Schedule GBL); adding a fee for
treated effluent wastewater tap fees (Schedule STE); providing for a repealer;
providing for a severability clause; and providing for an effective date.
2004-258 - An ordinance amending the Schedule of Solid Waste Rates contained
in Ordinance No. 2003-351 as authorized by Chapter 24 of the Code of
Ordinances of the City of Denton, Texas; providing that the provisions of sections
26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of
Denton, Texas shall expressly apply to City of Denton Solid Waste Service;
amending the manual residential rate by lowering the monthly charge; adding a
provision limiting the manual residential rate charge to eight (8) bags per
collection day; adding a provision in the manual residential rate charge that
establishes a service charge for the collection and disposal of refuse in excess of
eight (8) bags per collection day; adding a requirement to the containerized
collection service rate requiring all refuse to be placed within the cart with the cart
lid fully closed; adding a provision that establishes the automatic collection and
billing for excess volumes of refuse and/or yard waste (Schedule SWR);
amending the residential recycling and processing service rate title; amending the
residential recycling and processing services monthly rate charge (Schedule
SWRR); amending the residential financial need discount rate title; adding three
qualification requirements for the residential financial need discount rate; adding
a provision limiting the period for which the residential financial need discount is
effective to eligible recipients who receive funds from the plus-one program
(Schedule SWRD); amending the commercial solid waste collection services rate
title; adding a provision clarifying the container same day extra service charge;
adding a provision wherein the use of shared commercial containers shall be
determined by solid waste department staff, including the appropriate rates
therefore; amending the roll-off container relocation fee; adding a provision that
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September 21, 2004
Page 5
states that if a loaded side-load or front-load container exceeds the applicable
weight limitation set forth in this ordinance, that the customer shall empty the
container and the solid waste department shall only collect and dispose of the
refuse that is at or below the weight limitation prescribed by this ordinance
(Schedule SWC); amending the commercial recycling services section on
acceptable recyclable materials; (Schedule SWCR); adding the collection and
transportation services permit rate schedule (Schedule SWP); adding a provision
clarifying the applicable landfill inert materials rate respecting clean and
uncontaminated brick; amending the special waste provisions; adding the landfill
other charges rate (Schedule SWL); providing for a repealer; providing for a
severability clause; and providing an effective date.
2004-259 - An ordinance of the City of Denton, Texas providing for the Schedule
of Miscellaneous Fees, deposits, billings and procedures for administrative
services to city customers and taxpayers contained in Ordinance No. 2003-266;
providing for a repealer; providing for a severability clause; and providing for an
effective date.
2004-260 - An ordinance of the City of Denton, Texas supplementing the
schedule of rates contained in Ordinance No. 2003-262 for Electric Service by
adding the residential renewable energy service rate schedule (Schedule RG);
providing for a repealer; providing for a severability clause; and providing for an
effective date.
2004-261 - An ordinance amending, repealing, and replacing Ordinance No. 91-
039 of the City of Denton, Texas, establishing fees to be charged for overdue
books and materials for the libraries of the City of Denton, Texas; repealing all
ordinances in conflict herewith; providing a severability clause; and providing for
an effective date.
2004-262 - An ordinance amending Section 22-38 of Chapter 22 (Parks and
Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to
facility and program fees by adopting a Schedule of Fees; repealing all fees in
conflict with such schedule; repealing Ordinance No. 2003-267 and all ordinances
in conflict with the new Schedule of Fees; and providing an effective date.
2004-263 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Central Business District Association of Denton,
Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax
revenue; and providing an effective date.
2004-264 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Black Chamber of Commerce for the payment
and use of hotel tax revenue; and providing an effective date.
2004-265 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Chamber of Commerce (Convention and
Visitor Bureau) for the payment and use of hotel tax revenue; and providing an
effective date.
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September 21, 2004
Page 6
2004-266 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Community Theatre, Inc. for the payment and
use of hotel tax revenue; and providing an effective date.
2004-267 An ordinance authorizing the Mayor to execute an interlocal
agreement between the City of Denton and Denton County for the payment and
use of hotel tax revenue in support of the Bayless-Selby House and the
Courthouse-on-the-Square Museums; and providing an effective date.
2004-268 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Festival Foundation for the payment and use of
hotel tax revenue; and providing an effective date.
2004-269 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Holiday Festival Foundation, Inc. for the
payment and use of hotel tax revenue; and providing an effective date.
2004-270 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Greater Denton Arts Council for the payment and use
of hotel tax revenue; and providing an effective date.
2004-271 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Historical Park Foundation of Denton County, Inc. for
the payment and use of hotel tax revenue; and providing an effective date.
2004-272 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the North Texas State Fair Association for the payment
and use of hotel tax revenue; and providing an effective date.
2004-273 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Tejas Storytelling Association, Inc. for the payment
and use of hotel tax revenue; and providing an effective date.
2004-274 - An ordinance adopting the budget and first year of the Capital
Improvement Plan of the City of Denton, Texas for the fiscal year beginning
October 1, 2004, and ending September 30, 2005; and declaring an effective date.
2004-275 - An ordinance levying the ad valorem tax of the City of Denton, Texas,
for the year 2004, on all taxable property within the corporate limits of the City on
January 1, 2004, not exempt by law; providing revenues for payment of current
municipal expenses, and for interest and sinking fund on outstanding City of
Denton bonds; providing for limited exemptions of certain homesteads; providing
for enforcement of collections; providing for a severability clause; and providing
an effective date.
2004-276 - An ordinance of the City of Denton, Texas, approving the 2004 Tax
Rolls; and providing an effective date.
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September 21, 2004
Page 7
5. CONSENT AGENDA
Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
2004-277 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of electric distribution conductors; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3202 -
Annual Price Agreement for Electric Distribution Conductors awarded to Texas
Electric Cooperative in the estimated amount of $233,490).
2004-278 - An ordinance authorizing the City Manager or his designee to execute
a professional services agreement with the firm of Arthur Surveying Co., Inc. to
provide professional surveying services in support of the City of Denton
Engineering Department; authorizing the expenditure of funds therefore and
providing an effective date (PSA 3219 - in an amount not to exceed $150,000).
2004-279 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a new Civic Center Marquee and Electronic
Message Board; providing for the expenditure of funds therefore; and providing
an effective date (Bid 3209 - Civic Center Marquee and Electronic Message
Board Project awarded to Starlite Sign, LP in the amount of $43,565).
2004-280 - An ordinance accepting sealed proposals and awarding a contract for
All Risk Commercial Property Insurance Coverage including Catastrophic
Vehicle and Boiler and Machinery for the City of Denton; providing for the
expenditure of funds therefore and providing an effective date (RFSP 3207 -
Commercial Property Insurance; Catastrophic Vehicle; Boiler and Machinery
awarded to McGriff, Seibels & Williams of Texas, Inc. in the estimated amount of
$248,659).
2004-281 - An ordinance approving the expenditure of funds for the purchase of
epoxy coatings 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 3213 - Purchase of Epoxy Coatings to
Raven Lining Systems, Inc. in the estimated amount of $45,000).
2004-282 - An ordinance accepting competitive bids and awarding a contract for
the purchase of an 18-foot Windrow Composting Machine for the Beneficial
Reuse Department; providing for the expenditure of funds therefore; and
providing an effective date (Bid 3206 - 18-Foot Windrow Composting Machine
awarded to McCourt and Sons Equipment, Inc. in the amount of $292,850 less
$30,000 trade in of the existing unit, for a total award amount of $262,850).
2004-283 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of print materials for the Denton Public Library System;
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September 21, 2004
Page 8
providing for the expenditure of funds therefore; and providing an effective date
(Bid 3210 - Print Materials awarded to Baker & Taylor, Inc. in the estimated
amount of $300,000).
Approved an exaction variance of Section 35.20.2 (L.3.a.) of the Code of
Ordinance concerning improvements to a perimeter street. The parcel contains
approximately 5.6 acres and is located on the proposed southwesterly corner of
Centre Point Drive and Inman Street. The property is currently designated as a
Downtown Commercial General (DC-G) zoning district, a hotel is proposed. The
Planning and Zoning Commission recommends approval of the variance with a
condition (7-0). ('F04-0021)
2004-284 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton, Texas and JVC Real Estate LLC on
approximately .4545 acre of land at the Denton Municipal Airport; and providing
an effective date. (Lockheed)
2004-285 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton, Texas and JVC Real Estate LLC on
approximately 1.2396 acres of land at the Denton Municipal Airport; and
providing an effective date. (Skylane)
2004-286 - An ordinance authorizing the City Manager to execute on behalf of
the City of Denton Amendment No. 1 to an airport project participation
agreement with the Texas Department of Transportation dated January 8, 2002
relating to the construction of improvements at the Denton Municipal Airport; and
declaring an effective date. (Terminal Tower Grant)
2004-287 - An ordinance authorizing the City Manager, or his designee to execute
an amendment of the Interlocal Agreement between the City of Denton dated
effective August 1, 2004 between the City of Denton, the University of North
Texas and McDonald Transit Associates, Inc. to provide for motor carrier
passenger service for UNT Students, Staff and Faculty and providing for an
effective date.
2004-288 - An ordinance of the City of Denton, Texas amending Chapter 21,
Article ! of the Code of Ordinances of the City of Denton by adding a section
establishing hours for the use of the Day Labor Site and regulating certain
activities on the Day Labor Site; providing a savings clause; providing a
severability clause; providing a penalty not to exceed five hundred dollars; and
declaring an effective date.
2004-289 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Black Chamber of Commerce for arts
and entertainment at the Blues Festival; providing for the expenditure of funds
therefore; and providing for an effective date.
City of Denton City Council Minutes
September 21, 2004
Page 9
2004-290 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Historical Park Foundation of Denton County,
Inc. for the restoration of the Quakertown house to an African American historical
museum; providing for the expenditure of funds therefore; and providing for an
effective date.
2004-291 - An ordinance authorizing an agreement between the City of Denton,
Texas and the Greater Denton Arts Council to assist in funding of the American
Presidential Contenders Exhibition; providing for the expenditure of funds
therefore; and providing for an effective date.
R2004-047 - A resolution authorizing Metzler's Food and Beverage to be the sole
participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on
October 9, 2004, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
providing for an effective date.
2004-292 - An ordinance of the City of Denton naming the City Hall Fountain
located in Civic Center Park; and declaring an effective date.
2004-293 - An ordinance of the City of Denton naming the Skate Park located
adjacent to the Water Works Park; and declaring an effective date.
2004-294 - An ordinance authorizing the City Manager to execute a personal
services agreement with Barbara T. McCall Associates, Inc. to provide certain
information and services with regard to legislation of interest to the city.
Considered appointments to the following boards and commissions:
1. Animal Shelter Advisory Committee
6. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
amending Sub-Chapters 3 (Procedures), 13 (Site Design Standards), and 23 (Definitions) of the
Development Code and amending the Application and Site Design Criteria Manuals associated
with tree preservation. The Planning and Zoning Commission recommended approval (6-0).
(SI03-0012, Tree Preservation Ordinance)
Larry Reichhart, Assistant Director of Development Services, stated that at the last work
session five items were discussed regarding revisions in the ordinance. The tree mitigation
table was revised also.
Mayor Pro Tem McNeill stated that the Council had charged the Tree Committee with a
number of items to consider regarding the proposal. The Committee had not had a chance to
meet and review the proposed changes to the ordinance. He suggested opening the public
hearing to receive comments, not close the public hearing and postpone it to a date certain in
order for the Committee to review the changes.
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September 21, 2004
Page 10
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bob Killam, 910 Edgewood Place, Denton, 76209 - in favor of an ordinance with
revisions - form a standing environmental conservation board to monitor environmental issues
Kenneth Yazel, 812 West Hickory, Denton, 76201 - concern regarding designation of
trees on site plans and plats - trees were temporary and should not be included with the final
plat.
Bernadette Donahue, 602 West Hickory, Denton, 76201 - not strong enough language for
compliance with the ordinance-moratorium on cutting trees until ordinance in place.
Peggy LaPoint, 1900 Highland Park Circle, Denton, 76205 - in favor of the ordinance but
it still needed revisions.
Chris Briggs, 1308 Bryn Mawr, Denton, 76201 - in favor of ordinance with three points
to clarify; unauthorized clearing of trees; verification of a letter regarding the historical nature
of trees; and a survey of the tree stand.
Cynthia Maguire, 2412 Shenandoah Trail, Denton, 76210 - favor of an ordinance but still
needed to be revised - weak in enforcement
Ed Soph, 1620 Victoria, Denton, 76209 - establish a citizen tree board and hire a city
arborist. Read comments from Owen Yost indicating concerns with the proposed ordinance.
Mike Drury, 2115 Highland Park Road, Denton, 76205 - questions regarding nursery
trees; diseased trees qualified by certified individual.
Comment cards were received from:
Michelle Daniels, 324 Fulton, Denton, 76201 - opposed to ordinance.
Grace Chalon, 1401 Broadway, Denton, 76201 - opposed to ordinance
Heidi Klein, 621 Hillcrest, 76201 -opposed to ordinance
McNeill motioned, Montgomery seconded to continue the public hearing to the October 19th city
council meeting. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "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
rezoning approximately 4.7 acres from Neighborhood Residential 2 (NR-2), Neighborhood
Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with an overlay;
approximately 23.8 acres from Neighborhood Residential 3 (NR-3) and Neighborhood
Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district; and approximately 18.6 acres from Neighborhood Residential 2
(NR-2) and Neighborhood Residential 3 (NR-3) zoning districts to a Neighborhood Residential 2
(NR-2) zoning district. The proposed 47.1-acre site was located on the south side of Interstate 35
East, approximately 1,000 feet south of Wind River Lane. The Planning and Zoning
Commission recommended approval with the condition that the overlay permit only professional
office uses (7-0). (Z04-0033, Unicorn Lake)
Larry Reichhart, Assistant Director of Planning and Development Services, reviewed the
proposed changes in the zoning of the property.
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September 21, 2004
Page 11
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Mark Donaldson, Carter and Burgess, in support of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-295
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FOR APPROXIMATELY 47.1 ACRES OF LAND GENERALLY
LOCATED ON THE SOUTH SIDE OF INTERSTATE 35 EAST, APPROXIMATELY
1,000 FEET SOUTH OF W1ND RIVER LANE IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS WITHIN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950,
WITH APPROXIMATELY 4.7 ACRES BEING CHANGED FROM
NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 3
(NR-3) AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICTS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12)
ZONING DISTRICT WITH AN OVERLAY FOR PROFESSIONAL OFFICE USES
ONLY; APPROXIMATELY 23.8 ACRES BEING CHANGED FROM
NEIGHBORHOOD RESIDENTIAL 3 (NR-3) AND NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICTS TO A
NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING
DISTRICT; AND APPROXIMATELY 18.6 ACRES BEING CHANGED FROM
NEIGHBORHOOD RESIDENTIAL 2 (NR-2) AND NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZONING DISTRICTS TO A NEIGHBORHOOD
RESIDENTIAL 2 (NR-2) ZONING DISTRICT; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0033).
Redmon motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 3.6 acres from Downtown Residential 2 (DR-2) zoning district to
Downtown Commercial General (DC-G) zoning district. The property was located
approximately 300 feet west of Bonnie Brae, on the south side of Oak Street. The Planning and
Zoning Commission recommended approval (6-0). (Z04-0030, 2401 West Oak Street, Chris
Fuller).
Larry Reichhart, Assistant Director for Planning and Development Services, presented the details
of the proposal. The intended use of the property was for medical offices.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 21, 2004
Page 12
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-296
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING
DISTRICT TO THE DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
3.6 ACRES OF LAND LOCATED APPROXIMATELY 300 FEET WEST OF BONNIE
BRAE, ON THE SOUTH SIDE OF 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, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z04-0030)
McNeill motioned, Kamp seconded to adopt the ordinance.
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye",
"aye". Motion carried unanimously.
On roll vote, Kamp "aye", McNeill
Thomson "aye" and Mayor Brock
D. The Council held a public hearing and considered adoption of an ordinance
granting approval of a license agreement for the subsurface use of a portion of the South Lakes
Park approximately 4,300 feet for the purpose of a fiber optics communications cable in
accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of
license; and providing an effective date.
Bob Tickner, Superintendent of Parks Planning, presented the details of the proposed use of the
park property. A public hearing was required due to the use of park property for non-park uses.
The DISD was requesting to use a subsurface portion of the property for its fiber optics cable to
link up several schools in the area.
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. 2004-297
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR
THE SUBSURFACE USE OF A PORTION OF THE SOUTH LAKES PARK
APPROXIMATELY 4,300 FEET FOR THE PURPOSE OF A FIBER OPTICS
COMMUNICATIONS CABLE IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF
LICENSE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 21, 2004
Page 13
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, stating commitment to the continuation of adequate funding for implementation
and support of the City of Denton "Environmental Protection Agency and Texas Commission on
Environmental Quality Approved Pretreatment Program Pilot Project," as modified under Project
XL; authorizing the execution by the City Manager of documents providing for modification of
said project; and providing an effective date.
Kenneth Banks, Watershed Resource Manager, presented the details of the proposal. He detailed
the importance of the project to the city and the watershed management. The resolution would
extend the program until 2010 to continue with the research work.
The following resolution was considered:
NO. R2004-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
STAT1NG COMMITMENT TO THE CONTINUATION OF ADEQUATE FUND1NG
FOR IMPLEMENTATION AND SUPPORT OF THE CITY OF DENTON
"ENVIRONMENTAL PROTECTION AGENCY AND TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY APPROVED PRETREATMENT PROGRAM PILOT
PROJECT," AS MODIFIED UNDER PROJECT XL; AUTHORIZING THE
EXECUTION BY THE CITY MANAGER OF DOCUMENTS PROVIDING FOR
MODIFICATION OF SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Montgomery seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas authorizing the Mayor to sign and send a letter addressed to officials of the Texas
Commission on Environmental Quality requesting a public meeting on the application of Safety-
Kleen Systems, Inc. for Permit Renewal and Amendment to Authorize Continued Receiving,
Storage and Processing of Industrial and Municipal Hazardous and Non-Hazardous Wastes
(TCCEQ Permit No. 50163); and providing an effective date.
Kenneth Banks, Watershed Resource Manager, stated that the resolution would approve a letter
from the Mayor to TCEQ for a public hearing to be held in Denton regarding the application of
Safety Kleen for a hazardous waste permit to accept a larger list of wastes at the facility.
A Comment card was received from Ed Soph in favor of the resolution.
The following resolution was considered:
City of Denton City Council Minutes
September 21, 2004
Page 14
NO. R2004-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE MAYOR TO SIGN AND SEND A LETTER ADDRESSED TO
OFFICIALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
REQUESTING A PUBLIC MEETING ON THE APPLICATION OF SAFETY-KLEEN
SYSTEMS, INC. FOR PERMIT RENEWAL AND AMENDMENT TO AUTHORIZE
CONTINUED RECEIVING, STORAGE AND PROCESSING OF iNDUSTRIAL AND
MUNICIPAL HAZARDOUS AND NON-HAZARDOUS WASTES (TCCEQ PERMIT
NO. 50163); AND PROVIDING AN EFFECTIVE DATE.
Thomson motioned, McNeill seconded to approve the resolution plus contact the City's state
representatives regarding the public hearing. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
C. The Council considered appointing a voting delegate and an alternate voting
delegate to the National League of Cities Annual Congress of Cities.
Council Member Redmon nominated Mayor Brock and Mayor Pro Tem McNeill as voting and
alternate voting delegates.
After discussion, Redmon nominated, Mulroy seconded to appoint Mayor Pro Tem McNeill as
voting delegate and Council Member Montgomery as alternate voting delegate. On roll vote,
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye"
and Mayor Brock "aye". Motion carried unanimously.
D. The Council considered nominations/appointments to the City's Economic
Development Partnership Board.
Council Member Kamp indicated that the Committee still had one nomination to make and
requested consideration to the next meeting.
E. The Council considered approval of a resolution of the City of Denton, Texas,
authorizing participation in and cooperation with a coalition of cities within CoServ Gas, Ltd's
system including the authority to hire legal and consulting services and the authority to negotiate
with the Company and to direct any necessary litigation; authorizing the hiring of Diversified
Utility Consultants, Inc. to investigate and to respond to the filings of CoServ Gas Ltd.;
authorizing intervention in any proceedings at the Railroad Commission; suspending the
effective date of CoServ Gas's requested gas rate changes as set forth in their Statement of Intent
filed with the City Secretary to permit the City time to study the request and establish reasonable
rates; requiring the reimbursement of municipal rate case expenses; requiring notice of this
Resolution to the Company; finding that the meeting complied with the Open Meetings Act;
making other findings and provisions related to the subject; and declaring an effective date.
City Attorney Prouty reviewed the details of the CoServ request for a rate increase. This
resolution would suspend the effective date of the rate increase and authorize the City to join
with other cities to investigate the rate request.
City of Denton City Council Minutes
September 21, 2004
Page 15
The following resolution was considered:
NO. R2004-050
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING
PARTICIPATION IN AND COOPERATION WITH A COALITION OF CITIES
WITHIN COSERV GAS, LTD'S SYSTEM INCLUDING THE AUTHORITY TO HIRE
LEGAL AND CONSULTING SERVICES AND THE AUTHORITY TO NEGOTIATE
WITH THE COMPANY AND TO DIRECT ANY NECESSARY LITIGATION;
AUTHORIZING THE HIRING OF DIVERSIFIED UTILITY CONSULTANTS, INC.
TO INVESTIGATE AND TO RESPOND TO THE FILINGS OF COSERV GAS LTD.;
AUTHORIZING INTERVENTION IN ANY PROCEEDINGS AT THE RAILROAD
COMMISSION; SUSPENDING THE EFFECTIVE DATE OF COSERV GAS'S
REQUESTED GAS RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF
INTENT FILED WITH THE CITY SECRETARY TO PERMIT THE CITY TIME TO
STUDY THE REQUEST AND ESTABLISH REASONABLE RATES; REQUIRING
THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; REQUIRING
NOTICE OF THIS RESOLUTION TO THE COMPANY; F1ND1NG THAT THE
MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER
F1ND1NGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance amending Ordinance No. 2004-
182 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the
City of Denton, Texas; providing adjustments to the time limits for citizen reports and requiring
groups of ten or more speakers to provide written designation to the City Secretary of their
speaker representative; providing for the placement of citizen reports on the City Council
agendas; and making such other changes as are set forth herein; providing a savings clause;
providing a severability clause; and declaring an effective date.
City Attorney Prouty stated that these were suggested follow-up from the Council's Planning and
Work Session discussions.
A Comment card in opposition was received from Ed Soph, 1620 Victoria, Denton, 76209.
The following ordinance was considered:
NO. 2004-298
AN ORDINANCE AMENDING ORDINANCE NO. 2004-182 AND SECTION 2-29 OF
THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING ADJUSTMENTS TO
THE TIME LIMITS FOR CITIZEN REPORTS AND REQUIRING GROUPS OF TEN
OR MORE SPEAKERS TO PROVIDE WRITTEN DESIGNATION TO THE CITY
SECRETARY OF THEIR SPEAKER REPRESENTATIVE; PROVIDING FOR THE
City of Denton City Council Minutes
September 21, 2004
Page 16
PLACEMENT OF CITIZEN REPORTS ON THE CITY COUNCIL AGENDAS; AND
MAKING SUCH OTHER CHANGES AS ARE SET FORTH HEREIN; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance.
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye",
"aye". Motion carried unanimously.
On roll vote, Kamp "aye", McNeill
Thomson "aye" and Mayor Brock
G. New Business
There were no items of New Business suggested by Council.
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.
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no Closed Session at this meeting.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:47 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EULiNEBROCK
MAYOR
CITY OFDENTON, TEXAS