Minutes February 08, 2000CITY OF DENTON CITY COUNCIL MINUTES
February 8, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, February 8, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance,
Kristoferson and Young.
ABSENT: Council Member Cochran
1. Closed Meeting
A. Deliberations Regarding Real Property --- Under TEX. GOV’T. CODE Section
551.072.
1. Discussed, deliberated, considered, received information from Staff, and
provided Staff with direction, pertaining to the location of, the purchase
price of, the possible terms of sale of, and valuation issues respecting the
possible acquisition of an approximate 1.7 acre tract of real property by
the City of Denton Municipal Utilities Department for a public purpose;
which real property lies within the BBB-CRR Survey, Abstract No. 141,
in Denton County, Texas, and was located near the intersection of Loop
288 and Interstate Highway 35.
2. Considered the value of approximately .2 acre of property at the corner of
Parkway and Carroll.
Special Called Session of the City of Denton City Council on February 8, 2000 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance,
Kristoferson and Young.
ABSENT: Council Member Cochran
1. The Council held a joint City Council/Planning & Zoning Commission public hearing to
receive public input, consider, make recommendations and/or take appropriate action concerning
an ordinance adopting nonresidential interim regulations implementing policies contained within
the new Comprehensive Plan.
Mayor Miller indicated that Council had a quorum present for the joint public hearing.
Jim Englebrecht, Chair-Planning and Zoning Commission, indicated that the Commission had a
quorum present for the joint public hearing.
The Mayor and Commissioner Englebrecht opened the public hearing.
The following individuals spoke during the public hearing:
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February 8, 2000
Page 2
Wayne Allen, 2451 Windsor, Denton, 76205 – opposition
Rob Rayner, 1108 Dallas Drive, Suite 210, Denton, 76201 – opposition
Dan Martin, 717 Lafayette Drive, Denton, 76205 – opposition
Cliff Reding, 1409 Hunters Ridge, Denton, 76205 – opposition
Bill Colville, 3010 Santa Monica, Denton, 76205 – opposition
Frank Cunningham, 1604 Churchill, Denton, 76201 - opposition
Joe Mulroy, 119 Ridgecrest, Denton, 76205 – opposition
Don Frazier, 1740 Westminister, Denton, 76205 – opposition
Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 – opposition
Robyn Mullendor, Denton- favor
Ike Shupe, 171 Main Dallas, 75201 - opposition
Chad Miller, 7333 Somerset, Aubrey, 76227 - opposition
Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 -opposition
George Highfill, 3204 Windy Hill, Denton, 76201 – opposition
The following individuals presented comment cards:
Mark Leatherwood, 3940 Parkhaven Drive, Denton, 76205 – opposition
Sue Darby, 2215 S. Loop 288, #410, Denton, 76205 - opposition
Ann Houston, 1910 Emerson, Denton, 76201 – opposition
April Leatherwood, 3940 Parkhaven Drive, Denton, 76205 - opposition
Kevin Williams, 3329 N. Bell, Denton, 76201 - opposition
Ellen Painter, 207 N. Bonnie Brae, Denton, 76201 - opposition
Christine Rowell, 1300 Vista Verde, Denton, 76205 - opposition
Andy and Cheryl Kerestine, 201 Solar Way, Denton, 76207 - opposition
Shanna Kerestine, 1808 Willowwood, Denton, 76205 - opposition
Fred and Sara McBee, 3605 Granada Trail, Denton, 76205 - opposition
Dick Smith, 721 W. Hobson, Denton, 76205 – opposition
Jim Fykes, 2217 Hollyhill, Denton, 76205 - opposition
After a discussion on proper legal procedures to follow, Young motioned, Burroughs seconded
to continue the public hearing to a date certain with staff working with Council and the Planning
and Zoning Commission to review the proposed ordinance.
After further discussion, Young and Burroughs withdrew their motion and second.
The Mayor closed the Council’s public hearing.
Commissioner Englebrecht closed the Planning and Zoning Commission’s public hearing.
Mayor Miller suggested that a task force be established to review the ordinance along with the
Planning and Zoning Commission and City Council as quickly as possible so that at the earliest
time a proposal could be returned with a public hearing on a proposed ordinance.
Young motioned, Beasley seconded to adopt Mayor Miller’s recommendations. Staff would
plan for a review of the ordinance with appropriate individuals for Council to consider at the next
work session. The interim ordinance would be delayed at this point in time. Staff would work
with the Chamber of Commerce and other interested individuals for recommendations for
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February 8, 2000
Page 3
suggestions for the interim ordinance and prepare them for a status report for the next work
session.
On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
2. The Council considered adopting an ordinance of the City of Denton, Texas, voluntarily
annexing approximately 18 acres of land contiguous and adjacent to the City of Denton, Texas,
located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton in the
County of Denton, Texas; approving a service plan for the annexed property; providing a
severability clause; and providing an effective date. The property was the Denton Municipal
Electric generation plant. First Reading, A-98. The Planning and Zoning Commission
recommended approval (7-0).
The following ordinance was considered:
(First Reading)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, VOLUNTARILY
ANNEXING APPROXIMATELY 18 ACRES OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF
SPENCER ROAD BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST
DENTON IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
3. The Council received a report, conducted deliberations, and determined appropriate
actions to be taken, including approval of understandings or agreements between the City and
developer/owner and/or potential initiation of rezoning, regarding a development project
considered to be inconsistent with the City of Denton Comprehensive Plan, identified as follows:
a. RNW Addition: an approximate 8.3-acre commercial site included within the
boundaries of PD-16, an approximate 11.2-acre tract located on the southwest
corner of Teasley and Teasley.
Dave Hill, Assistant City Manager for Development Services, stated that this was a continuation
from the last Council meeting to determine whether some type of understanding could be
negotiated and allow for a compromise regarding the RNW Addition. He noted the three options
available to Council as indicated in the agenda materials.
City Attorney Prouty stated that his staff was in negotiations with the attorneys for the RNW
Addition with the basic aspects outlined in the backup materials. If Council opted to not proceed
with rezoning, the developer would agree to not proceed under the current 1991 zoning. A new
application for a detailed plan by the developer of the tract would follow the time line indicated
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February 8, 2000
Page 4
in the agenda materials. In addition, the developer would apply for an exemption to the interim
regulations if enacted. The grocery store would be limited to 41,600 square feet and the
pharmacy to 11,000 square feet. He suggested Council continue to the next meeting in order to
give the attorneys time to agree on language to present to the Council for consideration.
Durrance motioned, Kristoferson seconded to direct staff to begin the rezoning process to
establish a less intense use for office/neighborhood service.
The following individuals spoke regarding the issue:
Bill Dalstrom, 1445 Ross Avenue, Suite 3200 Dallas, 75202 - favor of extension
Howard Compton, 901 Main Street, Dallas, 75202 – favor of extension for negotiations
Eric Dorton, 2325 Caddo Circle, Denton, 76205 - opposition – supported rezoning
Shirley Sawyer, 709 Seville Road, Denton, 76205 - support of rezoning
Norie Carcinei, 911 Smokerise, Denton, 76205 - support of rezoning
Brian Hood, 2408 Kariba, Denton, 76205 - support of rezoning
Joe Goetz, 820 Sandpiper, Denton, – support of rezoning
Richard Caldwell, 1104 Ellison Park, Denton, 76205 – support of rezoning
Harry Philips, 1148 Bent Oaks Drive, Denton, 76205 – opposition
Angie Maffey, 38 Wellington Oaks Circle, Denton, 76205 - support of rezoning
Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 – support of rezoning
Robyn Mullendore, 1139 Oakhurst Circle, Denton, 76205 – support of rezoning
Robert Kissam 2221 Loon Lake Road, Denton, 76205 – support of rezoning
Teresa Andress, 34 Oak Forest Circle, Denton, 76205 – support of rezoning
Dean Garner, 3002 Manor Court North, Denton, 76205 – support of rezoning
Leigh Dorton, 2325 Caddo Circle, Denton, 76205 - support of rezoning
Sarah Tester, 2020 Loon Lake Road, Denton, 76205 – support of rezoning
David Sihaler, 3418 Hummingbird, Denton – opposition
The following individuals submitted comment cards:
John Child, 1532 Bayberry, Denton, 76205 – support of rezoning
Paul Hill, 2004 Lamprey Circle, Denton, 76205 – support of rezoning
Kurt and Kim Jensen, 829 Abbotts Lane, Denton, 76205 – support of rezoning
Dale Jorgensen, 1135 Bentoaks, Denton, 76205 – support of rezoning
Mike Montgomery, 2304 Caddo, Denton, 76205 – support of rezoning
Jeff and Cathie King, 2241 Hollyhill, Denton, 76205 – support of rezoning
Amy Byington, 2132 Fairfax, Denton, 76205 - opposition
Robert Insley, 3600 Longhorn Drive, Denton, 76205 - opposition
Bill Ide, 3608 Lake Country Dr., Denton, 76205 - opposition
Gopal Gopalakrishman, 2608 Loon Lake Road, Denton, 76207 - opposition
Marla Cartwright, 1143 Oakhurst, Denton, 76205 - opposition
Troy and Kelly McFarland, 2316 Caddo Circle, Denton 76205 - opposition
Farah Abbassi, 1916 Southridge, Denton, 76205 – support of rezoning
Alicia Graham, 200 El Paseo, Denton, 76205 – support of rezoning
Sharon Key, 1100 Ellison Park, Denton, 76205 – support of rezoning
Nancy Legget, 1105 Abbot’s Lane, Denton, 76205 – support of rezoning
Lavern and Audrey Basset, 905 Ridgecrest, Denton, 76205 – support of rezoning
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February 8, 2000
Page 5
Baity Bartel, 928 Smokerise, Denton, 76205 – support of rezoning
Jan Rogers, 1124 Ridgecrest, Denton, 76205 – support of rezoning
Amy Caldwell, 1104 Ellison Park, Denton, 86205 – support of rezoning
Marilyn and Bill Espinoza, 804 Smokerise, Denton, 76205 – support of rezoning
Kunjithapadam Raghavendran, 2512 Champlain, Denton, 76205 – support of rezoning
Michael Coon, 1532 Bayberry, Denton, 76205 – support of rezoning
On roll vote to begin rezoning the property, Beasley “aye”, Burroughs “aye”, Durrance “aye”,
Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 4-2 vote.
4. The Council considered adoption of an ordinance amending Ordinance No. 98-293
prescribing the number of positions in each classification of Police Officer; prescribing the
number of positions in each classification of Fire Fighter; providing a savings clause; providing a
severability clause; and declaring an effective date.
The following ordinance was considered:
NO. 2000-049
AN ORDINANCE AMENDING ORDINANCE NO. 98-293 PRESCRIBING THE
NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER;
PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF
FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded, to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
Following the completion of the Special Called Session, the Council convened into a Work
Session to consider the following:
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance,
Kristoferson and Young.
ABSENT: Council Member Cochran
1. The Council received a report, held a discussion, and gave staff direction regarding the
Teasley Lane Corridor Traffic Study.
Dave Hill, Assistant City Manager for Development Services, reviewed a summary of
conclusions prepared in response to the Teasley Lane Corridor Study as noted in the agenda
materials.
Jerry Clark, City Engineer, presented the key assumptions and data for the study.
Council discussed the results of the study and indicated that they would receive the second part
of the study at their next work session.
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February 8, 2000
Page 6
2. The Council received a report and held a discussion on the Lake Ray Roberts Water
Treatment Plant and Hartlee Field Road Pump Station preliminary design studies.
Tim Fisher, Assistant Director for Water Utilities, reviewed the major scope items of the
preliminary design report and background of the design studies as noted in the agenda materials.
3. The Council received a report, held a discussion, and gave staff direction on the City’s
Employee Healthcare Plan.
Council Member Durrance stated that he had requested a work session on the item to consider
carry forward costs, contract bid length, and self-funded issue policy methods.
Mayor Miller recommended that the issue be studied further before the end of next year and
Council consider such before the expiration of the contract next year.
Council Member Kristoferson requested an explanation of what the consultant’s did for the City
of Denton regarding this issue.
Consensus of the Council was to further study the issue during the time of contract renewal.
4. The Council received a report, held a discussion, and gave staff direction concerning
Intellisys Streaming Media System, which would enable Internet broadcasts of council meetings.
This item was not considered.
5. The Council received a report, held a discussion, and gave staff direction regarding the
proposed Letter of Understanding (LOU) between the City of Denton and the Robson
Developers, for the provision of water/wastewater services.
Howard Martin, Assistant City Manager for Utilities, presented the details of the letter of
understanding as outlined in the agenda materials.
Consensus of the Council was to proceed with the Letter of Understanding and prepare a formal
document for Council consideration.
6. The Council received a report, held a discussion, and gave staff direction regarding the
“Raise the Bar” campaign.
Mike Jez, City Manager, reviewed the background of the campaign and the responses to the
survey data.
7. The Council received a report, held a discussion, and gave staff direction regarding the
replacement of Mr. Hudspeth’s trees and related issues.
Howard Martin, Assistant City Manager for Utilities, reviewed issues as listed in the agenda
materials.
Consensus of the Council was to follow the recommendations of staff.
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February 8, 2000
Page 7
8. The Council received information and gave the City Manager direction regarding a bond
rating trip.
Kathy DuBose, Assistant City Manager for Finance, stated that the bond rating trip would be March
st
29-31.
Council decided to have Mayor Miller, Mayor Pro Tem Beasley and Council Member Young to
attend the bond rating trip.
With no further business, the meeting was adjourned at 12:30 a.m.
_____________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS