Minutes February 15, 2000CITY OF DENTON CITY COUNCIL MINUTES
February 15, 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 15, 2000 at 5:15 p.m. in the
Council Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Closed Meeting
A. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section
551.072.
1. Considered the purchase and value of real property located north and
south of Hickory Street east of the Union Pacific Railroad and real
property on the north side of Oak Street west of Exposition and east of
Frame Street.
B. Consultation With Attorney – Under TEX. GOV’T. Code Section 551.071.
1. Considered, discussed, and gave staff direction regarding potential
authorization of litigation against Northeast Mobile Home Park and its
owner Philip Clemente, and discussed status of pending municipal courts
complaints against same parties.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV’T. CODE Section 551.086.** Deliberations Concerning Real
Property --- Under TEX. GOV’T CODE, Section 551.072.
1. Received information from staff, discussed, deliberated, considered, and
provided staff with direction respecting the valuation of, and the possible
sale, transfer, assignment, or other divestiture of real property pertaining
to the City of Denton’s electric utility system, including, without
limitation: the Gibbons Creek generation facility located in Grimes
County, Texas; the Spencer generation facility located on Spencer Road in
Denton County, Texas; the two hydroelectric facilities located in Denton
County, Texas; and other components of the City’s electric generation
assets.
D. Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV’T. CODE Section 551.086.** Consultation With Attorney ---
Under TEX. GOV’T. CODE Section 551.071.
1. Received information from staff, discussed, deliberated, considered,
provided staff with direction, and took action as necessary pertaining to
issues, problems, and strategies pertaining to: (a) the issuance of future
Denton Utility System Revenue Bonds related to Denton Municipal
Electric (“DME”); (b) the possible unbundling or restructuring of existing
Denton Utility System Revenue Bonds driven by the potential sale or
City of Denton City Council Minutes
February 15, 2000
Page 2
divestiture of all or a part of the DME system; (c) alternatives and options
available to DME regarding the future issuance of utility system revenue
bonds and the restructuring or unbundling of existing utility system
revenue bonds likely to result in the most favorable financial impact upon
DME and its ratepayers; and (d) legal requirements and legal advice
pertaining to issues (a), (b), and (c) above. Consultation with the City’s
attorneys concerning the above issues, where to discuss such issues and
matters in a public meeting would conflict with the attorneys’ duties and
professional responsibilities to their client under the Texas Disciplinary
Rules of Professional Conduct.
Regular Meeting of the City of Denton City Council on Tuesday, February 15, 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, Kristoferson and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. The Council considered approval of the minutes of November 2, November 9, November
11, November 15, November 16, and November 19, 1999.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
PROCLAMATIONS/PRESENTATIONS
3. Mayor Miller presented a proclamation for Texas History Month.
4. Resolutions of Appreciation
a. Resolution of appreciation for Mike Bucek. Durrance motioned, Burroughs
seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
b. Resolution of appreciation for Ralph Harpool. This item was not considered.
CITIZEN REPORTS
5. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
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February 15, 2000
Page 3
Mr. Hudspeth stated that he appreciated the assistance the City had finally given him regarding
the situation of his tree removal and for his new trees. He still felt that staff members had misled
the Council regarding the removal of his trees.
6. The Council received a report from Raymond Redmon regarding bridges.
Mr. Redmon stated that he was still in favor of moving the bridge as soon as possible to the Fred
Moore Park area.
7. The Council received a report from Mildred Hawk regarding bridges.
Ms. Hawk again expressed her concern about the City receiving an historic bridge from the
County for use in the City.
CONSENT AGENDA
Council Member Cochran asked that Item #19 be pulled for separate consideration.
Kristoferson motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances and resolution with the exception of Item #19. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
8. Approved a tax refund to Nortex Motorsports, Inc., formerly Cycle Center of Denton.
The 1999 property tax was overpaid. Resulting in an overpayment.
9. Approved a tax refund to RV World of Texas. The 1999 property tax was paid twice,
resulting in an overpayment.
10. Approved a tax refund to Veterinary Medical Clinic. The 1999 property tax was paid
twice, resulting in an overpayment.
11. Approved a tax refund to James A. Lampin. The 1999 property tax was paid twice,
resulting in an overpayment.
12. NO. 2000-050
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF
DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND
DECLARING AN EFFECTIVE DATE.
13. NO. 2000-051
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF HVAC RENOVATION AT
THE SERVICE CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS
City of Denton City Council Minutes
February 15, 2000
Page 4
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2449 – RENOVATION
OF HVAC AT THE SERVICE CENTER AWARDED TO BCI MECHANICAL, INC.
IN THE AMOUNT OF $206,800)
14. NO. 2000-052
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF A LANDFILL TREE
BUFFER ZONE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2452 – LANDFILL TREE BUFFER
ZONE PHASE I AWARDED TO A & A LANDSCAPE AND IRRIGATION, INC. IN
THE AMOUNT OF $149,995)
15. NO. 2000-053
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR DEMOLITION OF BUILDINGS AND CLEARING OF
LOTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 2453 – DEMOLITION PROJECT #30
AWARDED TO JMX ENVIRONMENTAL, INC. IN THE AMOUNT OF $18,300)
16. NO. 2000-054
AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD
CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF
DENTON AND DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE
DATE.
17. NO. 2000-055
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF LAKEVIEW BOULEVARD;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (BID 2455 – LAKEVIEW BOULEVARD AWARDED TO
JAGOE PUBLIC COMPANY IN THE AMOUNT OF $798,106)
18. NO. 2000-056
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS AND
CONSULTANTS, INC. TO PROVIDE HYDROGEOLOGICAL CONSULTING AND
ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL
AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PSA 2475 –
PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL
CONSULTING AND ANALYSIS AT THE LANDFILL AWARDED TO ETTL
ENGINEERS & CONSULTANTS, INC. IN THE AMOUNT OF $46,215.25)
City of Denton City Council Minutes
February 15, 2000
Page 5
20. NO. 2000-058
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING THAT CERTAIN STREET RIGHT-OF-WAY BEING
APPROXIMATELY 0.213 ACRE OF LAND AND BEING A PORTION OF THE
RIGHT-OF-WAY FOR PARKWAY STREET LOCATED AT THE SOUTHEAST
CORNER OF SAID STREET AND CARROLL BOULEVARD IN THE W. NEIL
SURVEY ABSTRACT NUMBER 971 IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; RESERVING A UTILITY EASEMENT; PROVIDING FOR A
QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARINGS
21. The Council held a public hearing and considered adoption of an ordinance approving a
Detailed Plan for the Robson Ranch Planned Development (PD-173) encompassing
approximately 1,361 acres. The property was generally located at the northeast corner of Robson
Ranch Road (formerly Crawford Rd.) and Florence Road. Residential development, open space,
golf course and residential sales offices were proposed. The Planning and Zoning Commission
recommended approval (7-0) with conditions. (Z-99-102)
Larry Reichart, Assistant Planning Director, stated that this proposal was for 1,361 acres of a
detailed plan for Robson Ranch as noted in the agenda materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Steve Soroano, Robson Ranch - favor
Harry Reynolds, 1900 Neck Road, Palmer, Texas, 75152 - favor
Ronald Linam, 1411 Stuart Road, Denton, 76208 - favor
Aubrey Turner, 3201 Broken Bow, Denton, 76201 - favor
The following individuals presented comment cards:
Richard Tucker, 406 Country Club Road, Argyle, 76226 - favor
Ken Burdick, 2112 Pembrooke Place, Denton, 76205 – favor
Dwight Evans, 2009 Hollyhill Lane, Denton, 76205 – favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 99-265, TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN
CONTAINING 1361.3 ACRES WITHIN THE CONCEPT PLAN FOR PLANNED
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February 15, 2000
Page 6
DEVELOPMENT 173 (PD-173) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION GENERALLY LOCATED EAST OF FLORENCE ROAD AND
NORTH OF ROBSON RANCH ROAD (FORMERLY CRAWFORD ROAD);
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDNG FOR AN EFFECTIVE DATE. (Z-99-102)
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
22. The Council held a public hearing and considered an ordinance granting approval of a
surface use of a portion of the Denton Branch Rail/Trail approximately 2000 feet north of Shady
Shores Road for the installation of a public street in accordance with Chapter 26 of the Texas
Parks and Wildlife Code; providing for the issuance of an easement and providing an effective
date.
Council Member Cochran suggested postponing consideration at this time to determine priority
of crossings relative to trains and vehicular traffic.
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. 2000-060
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET NORTH
OF SHADY SHORES ROAD FOR THE INSTALLATION OF A PUBLIC STREET IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING
AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
23. The Council held a public hearing and considered an ordinance granting approval of a
surface use of a portion of the Denton Branch Rail/Trail approximately 2500 feet south of Loop
288 for the installation of a public street in accordance with Chapter 26 of the Texas Parks and
Wildlife Code; providing for the issuance of an easement of an easement and providing an
effective date.
The Mayor opened the public hearing.
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February 15, 2000
Page 7
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-061
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2500 FEET SOUTH
OF LOOP 288 FOR THE INSTALLATION OF A PUBLIC STREET IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT OF AN
EASEMENT AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
24. The Council held a public hearing and considered adoption of an ordinance amending
Section 1, Conditions 5, 8 and 13 of Ordinance No. 96-187. Amendment of Condition 5
(maintaining trees larger than 2” in diameter within 10’ of the southern property line), Condition
8 (removal of a 15 foot bufferyard along the southern property line) and Condition 13 (erecting
an 8’ solid fence along the southern property line) was requested. The 0.456 acre property was
located at 2446 Lillian Miller Parkway. The Planning and Zoning Commission recommended
approval (6-1) with conditions. (Z-99-071)
Doug Powell, Director of Planning, presented the details of the request as noted in the agenda
materials.
The Mayor opened the pubic hearing.
The following individuals spoke during the public hearing:
Gerald Yelson – favor – remove condition of closing the driveway
Scott Libscomb – 1000 Lynhurst, Denton-favor – remove condition of closing driveway
Larry Libscomb, Flower Mound, favor
The Mayor closed the public hearing.
Council debated the pros and cons of leaving the driveway in the proposal.
The following ordinance was considered:
City of Denton City Council Minutes
February 15, 2000
Page 8
NO. 2000-062
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE CONDITIONS OF ORDINANCE 96-187 WHICH
ESTABLISHED AN OFFICE (O[C]) CONDITIONED ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.456 ACRES OF LAND BEING
LOT 10R IN BLOCK 1, OF THE J.W. ERWIN SUBDIVISION LOCATED ON THE
WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500 FEET
SOUTH OF I-35E; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance maintaining Conditions 1-3 from
the Planning and Zoning Commission and removing Condition #4 regarding the closure of the
driveway. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
25. The Council held a public hearing and considered adoption of an ordinance approving a
Detailed Plan for approximately 10 acres located between Mulkey and Audra Streets north of
Paisley in east central Denton. 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 (7-0) with conditions. (Z-99-088)
Doug Powell, Director of Planning, presented the details of the proposal as noted in the agenda
materials.
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. 2000-063
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 70-52 TO PROVIDE FOR A DETAILED PLAN FOR 10.06 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 CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-088)
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 15, 2000
Page 9
26. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately two acres of land from an Agricultural (A) zoning district to a Commercial (C)
zoning district. The property was located approximately 550 feet north and 1000 feet east of the
intersection of West University Drive (US 380) and I-35. Development of a gas station and mini-
warehouses had been proposed. The Planning and Zoning Commission recommended approval
(7-0) with conditions. (Z-99-094)
Doug Powell, Director of Planning and Development, presented the details of the proposal as
noted in the agenda materials. The 20% rule was in effect as more than 20% of the adjoining
property owners were in opposition.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Young motioned, Burroughs seconded to approve the proposal. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor
Miller “aye”. Motion failed with a 4-3 vote as a supermajority vote was required.
The Council considered Item #19 from the Consent Agenda.
19. NO. 2000-057
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF BILLBOARD COMMERCIAL ADVERTISING FROM DAUM
OUTDOOR ADVERTISING COMPANY, INC. RESPECTING DENTON
MUNICIPAL ELECTRIC, WHICH PERTAINS TO THE LEASE OF REAL ESTATE,
AND WHICH ALSO IS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH PERTINENT PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
THE REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING FOR
RATIFICATION AND RETROACTIVE APPROVAL; AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 03166 TO DAUM OUTDOOR
ADVERTISING COMPANY, INC. IN THE AMOUNT OF $28,200)
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson
“nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
27. The Council considered adoption of an ordinance accepting competitive bids and
awarding a contract for the purchase of Medium & Heavy Trucks; providing for the expenditure
of funds therefor; and providing an effective date. (Bid 2456–Medium & Heavy Trucks-Peterbilt
Motor Co., in the amount of $139,802)
City of Denton City Council Minutes
February 15, 2000
Page 10
The following ordinance was considered:
NO. 2000-064
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MEDIUM & HEAVY TRUCKS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
28. The Council considered adoption of an ordinance of the City of Denton, Texas, amending
Ordinance No. 99-474 as amended by Ordinance No. 2000-017 to extend the term of the
moratorium that was established pending the adoption of interim standards for applying policies
of the adopted comprehensive plan to certain specified nonresidential development applications
prior to adoption of a revised land development code; providing for a savings clause; providing
for a severability clause; and providing for an effective date.
Dave Hill, Assistant City Manager for Development Services, stated that this ordinance would
th
extend the moratorium until March 8 which would allow Council time to decide what to do with
the interim ordinance.
The following individuals submitted comment cards:
Chad Miller, 7333 Somerset, Aubrey, 76223 - opposed
Mark Reding, 211 Woodrow Lane, Denton, 76201 – opposed
Cliff Reding, 211 Woodrow Lane, Denton, 76201 – opposed
Bess Miller, 1205 Meadow Ridge Drive, Denton, 76201 – opposed
J. A. Miller, 208 Wellington Oaks Place, Denton, 76205 - opposed
Dana Miller, 419 S. Carroll #2B, Denton, 76201 - opposed
Dean Garner, 3002 Manor Court, Denton,76205 – favor
The following ordinance was considered:
NO. 2000-065
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 99-474 AS AMENDED BY ORDINANCE NO. 2000-017 TO EXTEND THE
TERM OF THE MORATORIUM THAT WAS ESTABLISHED PENDING THE
ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE
ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED
NONRESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF
A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
City of Denton City Council Minutes
February 15, 2000
Page 11
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “nay”. Motion carried with a 5-2 vote.
29. The Council considered approval of a resolution authorizing the City Manager or his
designate to terminate two commercial leases for signboards located near the intersection of
Loop 288 and the Denton Rail-Trail (formerly the Denton subdivision of the Missouri Pacific
Railroad); and providing for an effective date.
The following resolution was considered:
NO. R2000-007
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO
TERMINATE TWO COMMERCIAL LEASES FOR SIGNBOARDS LOCATED NEAR
THE INTERSECTION OF LOOP 288 AND THE DENTON RAIL-TRAIL
(FORMERLY THE DENTON SUBDIVISION OF THE MISSOURI PACIFIC
RAILROAD); AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
30. The Council considered approval of a resolution approving a Right-of-Way Use
Agreement between the City of Denton, Texas and Lakeview Ranch, L.P., a Texas limited
partnership; and declaring an effective date.
The following resolution was considered:
NO. R2000-008
A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND LAKEVIEW RANCH, L.P., A TEXAS
LIMITED PARTNERSHIP; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
31. The Council considered the following requests for relief from the provisions of
Ordinance 99-474, establishing a moratorium to apply to certain specified development
applications:
a. 1504-08 N. Elm Street, Detailed Plan with office uses
b. 1513 N. Locust Street, Detailed Plan with office uses
c. 2225 E. McKinney Street, Detailed Plan with office use
d. 215 First Street, Zoning Case Z-99-090
City of Denton City Council Minutes
February 15, 2000
Page 12
Item a – Burroughs motioned, Cochran seconded to approve the request. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
Item b – Burroughs motioned, Cochran seconded to approve the request. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
Item c
Dick Kelsey, 206 Ridgecrest Circle, Denton, 76205, spoke regarding the request.
Kristoferson motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
Item d
Dudley Doyle, 4876 Luginbyhl Rd., Sanger, 76266, spoke regarding the request.
Beasley motioned, Young seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
32. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by Golden Triangle Joint Venture for
Zoning Case No. Z-99-096, PD-93 located at the southwest corner of Ryan Road and Teasley
Lane.
Alyson Archer, 2112 West Spring Creek, Plano, spoke in support.
Young motioned, Beasley seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 4-3 vote.
33. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing a special called joint public hearing with the Planning and Zoning Commission and
the City Council to be held on Thursday, March 2, 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 hearing 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:
City of Denton City Council Minutes
February 15, 2000
Page 13
NO. 2000-066
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A
SPECIAL CALLED JOINT PUBLIC HEARING WITH THE PLANNING AND
ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON
THURSDAY, MARCH 2, 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 HEARING 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”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
34. The Council considered nominations and appointments to the City’s Boards and
Commissions.
Council Member Kristoferson nominated Willie Hudspeth to the Keep Denton Beautiful Board.
Council Member Burroughs motioned to suspend the rules and consider the nomination at this
meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
On roll vote for the appointment, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
35. New Business
There were no items of New Business suggested by Council Members for future agendas.
36. There were no items from the City Manager.
37. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
38. The following was official action on Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act:
Burroughs motioned, Beasley seconded to grant authority to the Legal Department to initiate
legal proceedings against Northeast Mobile Home Park to enforce public safety regulations as
City of Denton City Council Minutes
February 15, 2000
Page 14
noted in Closed Session. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
With no further business, the meeting was adjourned at 9:42 p.m.
________________________
JACK MILER, MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS