Minutes January 18, 2000CITY OF DENTON CITY COUNCIL MINUTES
January 18, 2000
The Council convened into a Regular Meeting on Tuesday, January 18, 2000 at 6:00 p.m. in the
Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, and Kristoferson
ABSENT: Council Member Young
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
2. Proclamation for World Religion Day
Mayor Miller presented the proclamation for World Religion Day
3. Awards
a. Presentation of MESAP (Municipal Electric Safety Accreditation Program)
Award
Joe Snyder presented the award to members of the Denton Municipal Electric Department.
b. Presentation of Parks Foundation Award
Jim Fykes presented the donation from Peterbilt Motors to the Denton Parks Foundation.
c. Presentation of Distinguished Budget Presentation Award on the 1998-99 Denton
Budget by the Government Finance Officer's Association
Randy Moravec presented the award to Jon Fortune and staff.
d. Presentation of Certificate of Achievement for Excellence in Financial Reporting
by the Government Finance Officer's Association for Denton's Comprehensive
Annual Financial Report for the fiscal year ended September 30, 1998.
Randy Moravec presented the award to Jon Fortune and staff.
CITIZEN REPORTS
4. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth presented an update on the issue regarding tree removal from his property.
City of Denton City Council Minutes
January 18, 2000
Page 2
CONSENT AGENDA
Council Member Cochran asked that Item #5 be pulled for separate discussion.
Cochran motioned, Durrance seconded to postpone Item #5 to a work session for further Council
discussion. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
Durrance motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordinances except for Item #5. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
6. NO. 2000-020
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID 2443 – LEASE OF OFFICE SPACE AWARDED TO D.D. MARTINO
REALTY IN THE AMOUNT OF $18,360 PER YEAR)
7. NO. 2000-021
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TABLES AND CHAIRS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID 2427 – TABLES AND CHAIRS FOR SERVICE CENTER AWARDED
TO BKM TOTAL OFFICE OF TEXAS IN THE AMOUNT OF $19,670.76))
8. NO. 2000-022
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF PADMOUNTED AND OVERHEAD
CAPACITORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID 2446 – CAPACITORS AWARDED
AS LISTED IN THE AMOUNT OF $60,385)
9. NO. 2000-023
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRICAL SWITCHGEAR;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID 2447 – S&C VISTA SWITCHGEAR ANNUAL
CONTRACT AWARDED TO WESCO IN THE NOT TO EXCEED AMOUNT OF
$130,000)
City of Denton City Council Minutes
January 18, 2000
Page 3
10. NO. 2000-024
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID 2450 – TRUCKING SERVICES AWARDED AS
LISTED)
PUBLIC HEARINGS
Council considered Item #12.
12. The Council continued a public hearing and considered zoning approximately 34 acres to
One Family Dwelling (SF-16) zoning district and land use classification. The property was
located south of El Paseo Drive, between Forrestridge Drive and Montecito Drive. Single family
residential development was proposed. The Planning and Zoning Commission recommended
approval (5-0). (Z-99-051, Shadow Brook Place)
Dave Hill, Assistant City Manager for Development Services, stated that staff had received a
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request from the petitioner to postpone consideration of the proposal until the March 7 Council
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meeting. Council needed to open the public hearing and then continue it to March 7.
The Mayor opened the public hearing.
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Kristoferson motioned, Burroughs seconded to postpone consideration until March 7. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
11. The Council held a public hearing and considered approving an amended Concept Plan
for approximately 13.6 acres located between Mulkey and Audra Streets north of Paisley. The
property was located in the Planned Development 9 (PD-9) zoning district. A D.I.S.D. education
facility was proposed. The Planning and Zoning Commission recommended approval (5-0). (Z-
99-087, Las Flores)
Doug Powell, Director of Planning and Development, reviewed the location of the proposal and
indicated that the proposal was for an early childhood development center.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
January 18, 2000
Page 4
NO. 2000-025
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 70-52 TO PROVIDE FOR A CONCEPT PLAN FOR 13.64 ACRES LOCATED
WITHIN PLANNED DEVELOPMENT 9 (PD-9) ZONING DISTRICT; THE SUBJECT
PROPERTY BEING LOCATED BETWEEN MULKEY AND AUDRA STREETS
NORTH OF PAISLEY STREET; PROVIDING A SAVINGS CLASUE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-087)
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
13. The Council held the second of two public hearings regarding a proposed voluntary
annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane
and Loop 288 in southeast Denton. The property was the Denton Municipal Electric generation
plant. The zoning at the time of annexation would be Light Industrial (LI). (A-98, DME Spencer
Road generation plant)
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
ITEMS FOR INDIVIDUAL CONSIDERATION
14. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing a joint public hearing with the Planning and Zoning Commission and the City
Council to be held on February 8, 2000 pursuant to Texas Local Government Code §211.007 (b)
at the City Council Chambers at 6 o’clock p.m. to consider recommendation and action upon an
ordinance creating nonresidential interim regulations for the implementation of the new
comprehensive plan of the City of Denton; prescribing notice of the joint meeting pursuant to
Texas Local Government Code §211.007 (d); providing for a recommendation by the Planning
and Zoning Commission; superceding the provisions of all ordinances on the same subject matter
to the extent of a conflict; and providing for an effective date.
The following ordinance was considered:
NO. 2000-026
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A JOINT
PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND
THE CITY COUNCIL TO BE HELD ON FEBRUARY 8, 2000 PURSUANT TO
TEXAS LOCAL GOVERNMENT CODE §211.007 (B) AT THE CITY COUNCIL
CHAMBERS AT 6 O’CLOCK P.M. TO CONSIDER RECOMMENDATION AND
ACTION UPON AN ORDINANCE CREATING NONRESIDENTIAL INTERIM
City of Denton City Council Minutes
January 18, 2000
Page 5
REGULATIONS FOR THE IMPLEMENTATION OF THE NEW COMPREHENSIVE
PLAN OF THE CITY OF DENTON; PRESCRIBING NOTICE OF THE JOINT
MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007 (D);
PROVIDING FOR A RECOMMENDATION BY THE PLANNING AND ZONING
COMMISSION; SUPERCEDING THE PROVISIONS OF ALL ORDINANCES ON
THE SAME SUBJECT MATTER TO THE EXTENT OF A CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
15. The Council considered the following requests for relief from the provisions of
Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development
applications:
a. Ryan Road, west of Teasley – 22.98 acres, SF-7 (Ordinance 99-473)
b. PD-1 – 8 acres, University Avenue, Office/Tech. Center (Ordinance 99-474)
c. Rudy’s Bar-B-Q, Loop 288 in front of Tractor Supply Store (Ordinance 99-474)
d. Robson Ranch, I-35W at Crawford Rd. (Ordinance 99-474)
Item 15a.
Kenny Haufner spoke regarding the issue.
Dave Hill, Assistant City Manager for Development Services, stated that the Council minutes of
September 21, 1999 reflected that a landscape review had to be reviewed at Council prior to any
further continuation of the proposal.
Burroughs motioned, Beasley seconded to grant the relief but to have Council review a tree
preservation plan before any platting would be allowed. Motion failed with a 3-3 tie. The item
would be placed on the next Council agenda for consideration.
Item 15b.
Ray Sanders, 3508 Greenville, #12, Dallas, 75206, spoke regarding the issue.
Burroughs motioned, Mayor seconded to approve the request for relief. On roll vote, Beasley
“nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, and Mayor Miller
“aye”. Motion failed with a 2-4 vote.
Item 15c.
Ray Sanders, 3508 Greenville, #12, Dallas, 75206, spoke regarding the issue.
City of Denton City Council Minutes
January 18, 2000
Page 6
Burroughs motioned, Beasley seconded to approve relief. On roll vote, Beasley “aye”, Burroughs
“aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, and Mayor Miller “aye”. Motion
carried with a 4-2 vote.
Item 15d.
Fred Peck, 1517 Rancho Dominguez, Corinth, 76205, spoke regarding the issue.
Beasley motioned, Burroughs seconded to grant relief. On roll vote, Beasley “aye”, Burroughs
“aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, and Mayor Miller “aye”. Motion
carried with a 5-1 vote.
16. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to act on the City’s behalf in executing a new public highway
crossing agreement with the Union Pacific Railroad Company relating to the construction of the
Nottingham Road railroad crossing at milepost 717.17 in the Choctaw Subdivision; authorizing
the expenditure of funds for processing such agreement; and declaring an effective date.
The following ordinance was considered:
NO. 2000-027
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO ACT ON THE CITY’S BEHALF IN EXECUTING A NEW PUBLIC
HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD
COMPANY RELATING TO THE CONSTRUCTION OF THE NOTTINGHAM ROAD
RAILROAD CROSSING AT MILEPOST 717.17 IN THE CHOCTAW SUBDIVISION;
AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROCESSING SUCH
AGREEMENT; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
17. The Council considered adoption of an ordinance of the City of Denton, Texas, closing a
portion of the street right-of-way for Texas Street in the vicinity of Union Pacific Railroad’s mile
post 718.40 – Choctaw Subdivision and the Acme Brick private street in the vicinity of Union
Pacific Railroad’s mile post 720.69 – Choctaw Subdivision; providing for a savings clause;
providing for severability; and declaring an effective date.
The following ordinance was considered:
NO. 2000-028
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CLOSING A PORTION OF
THE STREET RIGHT-OF-WAY FOR TEXAS STREET IN THE VICINITY OF
UNION PACIFIC RAILROAD’S MILE POST 718.40 – CHOCTAW SUBDIVISION
AND THE ACME BRICK PRIVATE STREET IN THE VICINITY OF UNION
City of Denton City Council Minutes
January 18, 2000
Page 7
PACIFIC RAILROAD’S MILE POST 720.69 – CHOCTAW SUBDIVISION;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
18. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an agreement for professional legal services with the
law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. pertaining to
representation of the City before the Public Utilities Commission of Texas (“PUC”) in the areas
of public utility regulatory law and administrative law, respecting any pertinent rulemaking
proceeding or project, including representation pertaining to the implementation of Senate Bill 7,
and legal advice concerning compliance with PUC rules respecting the activities of Denton
Municipal Electric; authorizing the expenditure of funds therefor; providing for retroactive
effect of the agreement; and providing an effective date.
The following ordinance was considered:
NO. 2000-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS,
ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO
REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES
COMMISSION OF TEXAS (“PUC”) IN THE AREAS OF PUBLIC UTILITY
REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING ANY
PERTINENT RULEMAKING PROCEEDING OR PROJECT, INCLUDING
REPRESENTATION PERTAINING TO THE IMPLEMENTATION OF SENATE
BILL 7, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES
RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR
RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
19. The Council considered adoption of an ordinance canvassing the returns of the bond
election held on January 15, 2000; and providing for an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
January 18, 2000
Page 8
NO. 2000-030
AN ORDINANCE CANVASSING THE RETURNS OF THE BOND ELECTION
HELD ON JANUARY 15, 2000; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
20. The Council considered approval of a resolution amending Resolution No. R99-045
passed by the City Council on September 7, 1999 to add projects approved by the voters at the
January 15, 2000 General Obligation Bond Election to the General Government Capital
Improvement Program for 2000-2004; providing a savings clause; and providing an effective
date.
The following resolution was considered:
NO. R2000-002
A RESOLUTION AMENDING RESOLUTION NO. R99-045 PASSED BY THE CITY
COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS APPROVED BY THE
VOTERS AT THE JANUARY 15, 2000 GENERAL OBLIGATION BOND ELECTION
TO THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR
2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Burroughs motioned, Beasley seconded to adopt the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
21. The Council considered nominations/appointments to Boards and Commissions.
Council Member Cochran nominated Mark Sandal to the Historic Landmark Commission.
Cochran motioned, Beasley seconded to suspend the rules and vote on the nomination. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
On roll vote on the nomination, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
22. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
23. New Business
The following items of New Business were suggested by Council Members for future agendas:
City of Denton City Council Minutes
January 18, 2000
Page 9
A. Council Member Cochran asked for a work session report on what other cities
were doing in terms of volunteer programs.
B. Council Member Cochran asked for a report regarding a proposed mobile home
park in Denton’s ETJ near Lake Ray Roberts in terms of location and the City’s options
regarding the proposal.
24. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
25. There was no official action on Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:40 p.m.
_________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS