Minutes March 07, 2000CITY OF DENTON CITY COUNCIL MINUTES
March 7, 2000
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, March 7, 2000 at 5:15 p.m. in the City of Denton City
Manager’s Conference Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, and Kristoferson.
ABSENT: Council Member Young
1. Closed Meeting:
A. Consultation With Attorneys --- Under TEX. GOV’T. CODE Section 551.071.
(1) Considered and discussed status of litigation styled Ex Parte Upper Trinity
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Regional Water District, Cause No. 2000-30033-211, pending in the 211
Judicial District Court in and for Denton County, Texas, being an action
brought under the Texas “Expedited Declaratory Judgment Act:, in which
the City is a party; to include possible intervention or other legal action to
be taken by the City in this pending litigation.
B. 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.
Regular Meeting of the City of Denton City Council on Tuesday, March 7, 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
Posting of Colors by Cub Scout Pack 51
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
City of Denton City Council Minutes
March 7, 2000
Page 2
2. The Council considered approval of the minutes of December 7 and December 14, 1999,
and January 4, January 10, and January 11, 2000.
Durrance motioned, Beasley seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
PROCLAMATIONS/PRESENTATIONS
3. March Yard-of-the-Month Awards
Mayor Miller presented the following Yard of the Month awards:
Joe and Ruth Bain
Curtis and Carolyn Gold
Denton Area Teachers Credit Union
4. Presentations
Mayor Miller made the following presentations:
a. Winners of the “Name the System” Campaign for transit system.
b. Proclamation for Brave Combo.
c. Proclamation for Census Awareness Month
5. Resolution of Appreciation
a. The Council considered approval of a resolution of appreciation for Ralph
Harpool. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
b. The Council considered approval of a resolution of appreciation for Jimmy Cross.
Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
CITIZEN REPORTS
6. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth reviewed the situation regarding the removal of trees from his property for
drainage improvements. He felt that the drainage area could have been moved to the north so as
to save his trees.
7. The Council received a report from Lonnie Hillard regarding loud stereo systems in cars.
Mr. Hillard was not present at the meeting.
City of Denton City Council Minutes
March 7, 2000
Page 3
CONSENT AGENDA
Cochran motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
8. Approved a tax refund to Thomas and Lila Sembera in the amount of $513.99. The 1999
tax was paid twice, resulting in an overpayment.
9. NO. R2000-009
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING
CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE
INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY
SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE.
10. NO. 2000-070
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY’S
PARTICIPATION IN THE OVERSIZING OF SANITARY SEWER FORCE MAINS
AND A LIFT STATION IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
11. NO. 2000-071
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND RANCH VENTURES, LTD. FOR THE CITY’S PARTICIPATION IN THE
OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
12. NO. 2000-072
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND J&S WOOD, L.P. FOR THE CITY’S PARTICIPATION IN THE OVERSIZING
OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
March 7, 2000
Page 4
13. NO. 2000-073
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2444-REFURBISH TEXOMA DIGGER-
COMMERCIAL BODY-$48,764.30)
14. NO. 2000-074
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2457-FLEET VEHICLES AS LISTED IN ORDINANCE-$453,859)
15. NO. 2000-075
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF LOADER/BACKHOE TRACTORS AND A
SKID STEER LOADER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2459-
LOADER/BACKHOE TRACTORS AND SKID STEER LOADER AS LISTED-
$117,635.93)
16. NO. 2000-076
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY PURCHASE OF DISTRIBUTION WIRE
AND CABLE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2460-ANNUAL PRICE
AGREEMENT-ESTIMATED $850,000)
17. NO. 2000-077
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE MATERIALS, SUPPLIES AND
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2461-RUBBER GOODS TESTING-
J. L. MATTHEWS CO., INC.-ESTIMATED $30,000)
18. NO. 2000-078
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES AND
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2463-ANNUAL CONTRACT FOR
REFUSE BAGS-RESOURCEFUL BAG AND TAG CO.-$87,300)
City of Denton City Council Minutes
March 7, 2000
Page 5
19. NO. 2000-079
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2464-WATER TREATMENT
CHEMICALS AS LISTED-$458,600)
20. NO. 2000-080
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2466-PADMOUNTED
SWITCHGEAR-CUMMINS UTILITY SUPPLY-ESTIMATED $230,545)
21. NO. 2000-081
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ANNUAL
CONTRACTS FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2467-ANNUAL MOWING
CONTRACTS AS LISTED-ESTIMATED $65,000)
22. NO. 2000-082
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2471-ELECTRICALLY
CONTROLLED LINE RECLOSERS-COOPER POWER SYSTEMS C/O PRIESTER
SUPPLY-NOT TO EXCEED $122,112)
23. NO. 2000-083
AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE
PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING
ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE. (PO 03178–RELIANT ENERGY HL&P; PO
03179-CENTRAL POWER & LIGHT CO; PO 03181-TXU ELECTRIC
TRANSMISSION DIV.-$445,442.25)
24. NO. 2000-084
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AUTOMATED METER READING TRANSMITTERS AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF
City of Denton City Council Minutes
March 7, 2000
Page 6
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 03370-HUNT
TECHNOLOGIES, INC. – $149,750)
25. NO. 2000-085
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PROPRIETARY SOFTWARE AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 03612 – ORACLE
GOVERNMENT DMD–$83,535.00)
26. NO. 2000-086
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH INTELLISYS GROUP, INC. FOR
THE DESIGN AND INSTALLATION OF A STREAMING MEDIA SYSTEM AND
RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (PSA 2458-DESIGN/INSTALLATION-STREAMING MEDIA SYSTEM AND
RELATED SERVICES-INTELLISYS GROUP, INC.-$170,279)
27. NO. 2000-087
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND KEEP DENTON
BEAUTIFUL, INCORPORATED RELATING TO DEVELOPING PROGRAMS
ENHANCING THE APPEARANCE AND ENVIRONMENT OF DENTON; AND
PROVIDING AN EFFECTIVE DATE.
28. NO. 2000-088
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN DOUGLAS C.
WEYER, THE WEYER LIVING TRUST–DATED JANUARY 12, 1995 AND THE
CITY OF DENTON WHICH AMENDS AN AGREEMENT ENTERED INTO ON
FEBRUARY 16, 1999; AND PROVIDING AN EFFECTIVE DATE.
29. NO. R2000-010
A RESOLUTION AMENDING THE RESOLUTION NO. R99-045, AS AMENDED,
PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS
NECESSITATED BY THE NEED TO ACQUIRE PROPERTY NEAR CITY HALL
EAST FOR CITY HALL EAST RENOVATIONS, NEW ERCOT REQUIREMENTS,
WATER TREATMENT PLANT EXPANSION, AND ADDITIONAL SEWER LINES;
TO THE UTILITY AND GENERAL GOVERNMENT CAPITAL IMPROVEMENT
PROGRAM FOR 2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
City of Denton City Council Minutes
March 7, 2000
Page 7
AN EFFECTIVE DATE.
30. NO. 2000-089
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND FREDDA SUE BROCKETT, RELATING THE PURCHASE
OF 0.17 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY,
ABSTRACT NO. 1184, FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
PUBLIC HEARINGS/ZONING ACTIONS
31. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for 215 First Street, a proposal to rezone 0.25 acres
from a Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning
district. (This was not a public hearing.)
Beasley motioned, Kristoferson seconded to approve the exemption. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
32. The Council held a public hearing and considered rezoning approximately 0.25 acres
from Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district.
The property was located at 215 First Street. The change of zoning would allow the utilization
of the existing non-residential structure on the eastern portion of the site for non-residential use.
The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-090,
215 First Street)
Doug Powell, Director of Planning and Development, presented the details of the case as noted
in the agenda materials.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Darlene Doyle, 4876 Luginbyhl Rd., Sanger, 76266 - favor
The Mayor closed the public hearing.
Beasley motioned, Burroughs seconded to adopt the ordinance with the conditions as noted by
the Planning and Zoning Commission.
Council Member Kristoferson asked for a friendly amendment to include a restriction for signage
as noted in Section 33-182 and to a wall sign.
Beasley and Burroughs agreed to add those conditions to their motion and second.
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March 7, 2000
Page 8
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson
“nay”, and Mayor Miller “aye”. Motion carried with a 4-2 vote.
33. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 47.3 acres of the
Lakeview Ranch located on the south side of McKinney Street (FM 426), approximately 3,000
feet east of the intersection with Trinity Road. (This was not a public hearing.)
Doug Powell, Director of Planning and Development, stated that the developer had requested a
postponement on consideration of Items #33-36.
Tommy Baine, 700 Lakeview Blvd., Dallas, requested that the zoning case be moved to the next
Council meeting for the purpose of meeting once more with staff regarding some unresolved
issues. Relief measures could also be postponed until that meeting.
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Powell suggested postponing consideration for four weeks to the April 4 City Council meeting.
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Kristoferson motioned, Beasley seconded to postpone consideration until April 4. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
34. The Council continued a public hearing and considered rezoning a 47.3 acre tract from an
Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property
was legally described as Tract 11 out of the W. Durham Survey (Abstract 330) and was located
on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the
intersection with Trinity Road. The proposal was to develop a single-family subdivision with a
minimum 5,500 square foot lot size. The Planning and Zoning Commission recommended
approval (6-1) with conditions. (Z-99-046, Lakeview Ranch – PD)
The Mayor opened the public hearing.
Burroughs motioned, Beasley seconded to continue the public hearing and consideration of the
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request until the April 4 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
35. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 410 acres of the
Lakeview Ranch located between University Drive (Hwy 380) and McKinney Street (F.M. 426)
east of Mayhill Road. (This was not a public hearing.)
Kristoferson motioned, Durrance seconded to postpone consideration of the relief until the April
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4 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
36. The Council continued a public hearing and considered rezoning approximately 410 acres
from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133
acres, Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13)
City of Denton City Council Minutes
March 7, 2000
Page 9
zoning district on about 192 acres. The property was legally described as Tracts 20, 23, 27A, 36,
40, 123, 124, 125, and 127 out of the M. Forrest Survey (Abstract 417) and Tract 10 out of the
W. Durham Survey (Abstract 330) in the City of Denton, Denton County, Texas. It was located
between University Drive (Hwy. 380) and McKinney Street (F.M. 426) east of Mayhill Road.
The proposal was to develop a mix of single-family lots and housing types. The Planning and
Zoning Commission recommended approval (7-0) with conditions. (Z-99-072, Lakeview
Ranch)
The Mayor opened the public hearing.
Burroughs motioned, Durrance seconded to postpone the public hearing and consideration until
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the April 4 meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
37. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by W.B.B.&B. Holdings, Ltd. for 34.40
acres of the Shadow Brook Place located south of El Paseo Drive, between Forrestridge Drive
and Montecito Drive. (This was not a public hearing.)
Doug Powell, Director of Planning and Development, stated that this property was in the process
of being rezoned before the interim regulations were approved. Some of the outstanding issues
regarding the pond and drainage had been resolved with the neighbors. He reviewed the details
of the problems associated with the prior work done on the property as noted in the agenda
materials.
Beasley motioned, Burroughs seconded to approve the 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.
38. The Council continued a public hearing and considered zoning approximately 34.40 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)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Beverly Stephens, 420 El Paseo, Denton, 76205 – favor
Stan Ratliff, 801 Ryan Road, Denton, 76205 – opposition
Bob Heilig, 809 Ryan Road, Denton, 7205 – opposition
Rebuttal by Stephens
The Mayor closed the public hearing.
Durrance motioned to postpone consideration for two weeks to allow for continued discussions.
Motion died for lack of a second.
City of Denton City Council Minutes
March 7, 2000
Page 10
The following ordinance was considered:
NO. 2000-091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A
SINGLE-FAMILY 16 (SF-16)[C], WITH CONDITIONS ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION ON 34.40 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND
APPROXIMATELY FIVE HUNDRED FEET NORTH OF RYAN ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-
051)
Burroughs motioned, Cochran seconded to adopt the ordinance with the added conditions of (1)
the Shadow Brook Place grading plan as provided by the applicant would be attached to the
ordinance and the applicant must implement that plan, (2) the applicant would re-establish the
off-site property that was originally disturbed to a safe and restored condition as weather
permitted with permission obtained by the appropriate property owner prior to such work and (3)
staff would determine that the conditions had been satisfied prior to platting.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
39. The Council held a public hearing and considered a Detailed Plan for Oakmont Estates
IV in a Planned Development (PD-111) zoning district. The 18.4 acres site was generally
located south of Robinson Road, east of Teasley Lane and west of Oakmont. Single-family
development was proposed. The Planning and Zoning Commission recommended approval (5-
1) with conditions. (Z-99-103, Oakmont Estates IV Phase 2)
Doug Powell, Director of Planning and Development, stated that the property was in the
Oakmont development. The property had been annexed with conditions in an interlocal
agreement with the City of Corinth. That agreement indicated that the lot layout and
configuration of the development was part of the interlocal agreement.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Don Allen, Fort Worth - favor but opposed to the Planning and Zoning Commission’s
condition regarding 85% masonry on the homes.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
March 7, 2000
Page 11
NO. 2000-092
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
DETAILED PLAN FOR 18.4 ACRES LOCATED WITHIN PLANNED
DEVELOPMENT 111(PD-111) ZONING DISTRICT; THE SUBJECT PROPERTY
BEING THE PROPERTY GENERALLY LOCATED EAST OF NOWLIN ROAD AND
SOUTH OF ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z-99-103)
Beasley motioned, Cochran seconded to approve the ordinance with the conditions added by the
Planning and Zoning Commission plus 80% brick. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “nay”, and Mayor Miller “nay”. Motion carried with
a 4-2 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
40. The Council considered adoption of an ordinance of the City of Denton, Texas, partially
abandoning and vacating a 70-foot utility easement on Block 8 & 9, Wimbleton Village, Phase
III, Block 10 Wimbleton Village, Phase V, and Lot 1, Block A, James Wood Autopark Addition
and recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas; and
declaring an effective date.
The following ordinance was considered:
NO. 2000-093
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY
ABANDONING AND VACATING A 70-FOOT UTILITY EASEMENT ON BLOCK 8
& 9, WIMBLETON VILLAGE, PHASE III, BLOCK 10 WIMBLETON VILLAGE,
PHASE V, AND LOT 1, BLOCK A, JAMES WOOD AUTOPARK ADDITION AND
RECORDED IN VOLUME 1029, PAGE 480 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE
Burroughs motioned, Cochran 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.
41. The Council considered adoption of an ordinance partially vacating a utility easement
established by judgments recorded in Volume 588, Page 459, and Volume 2259, Page 544 of the
Deed Records of Denton County, Texas, as it pertains to Lot 1, Block 1 of the Texas Instruments
Addition; and providing for an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
March 7, 2000
Page 12
NO. 2000-094
AN ORDINANCE PARTIALLY VACATING A UTILITY EASEMENT
ESTABLISHED BY JUDGMENTS RECORDED IN VOLUME 588, PAGE 459, AND
VOLUME 2259, PAGE 544 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, AS IT PERTAINS TO LOT 1, BLOCK 1 OF THE TEXAS INSTRUMENTS
ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Cochran 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.
42. The Council considered adoption of an ordinance providing for the payment of eighty-
five thousand dollars and no cents ($85,000.00) to Citgo Pipeline Products Company for the
relocation of its pipeline in conjunction with the Nottingham Extension Street and Drainage
Project; and providing for an effective date.
The following ordinance was considered:
NO. 2000-094
AN ORDINANCE PROVIDING FOR THE PAYMENT OF EIGHTY-FIVE
THOUSAND DOLLARS AND NO CENTS ($85,000.00) TO CITGO PIPELINE
PRODUCTS COMPANY FOR THE RELOCATION OF ITS PIPELINE IN
CONJUNCTION WITH THE NOTTINGHAM EXTENSION STREET AND
DRAINAGE PROJECT; 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.
43. The Council considered adoption of an ordinance of the City of Denton, Texas appointing
Assistant Municipal Judges for the City of Denton Municipal Court of Record; authorizing the
Mayor to execute a contract for their term of office; establishing fees for payment for their
services; and declaring an effective date.
a. Kimberly Cawley-McCary
b. Earlean Cobbin Murphy
The following ordinances were considered:
NO. 2000-096
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING KIMBERLY
CAWLEY-MCCARY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF
DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES
FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE
City of Denton City Council Minutes
March 7, 2000
Page 13
NO. 2000-097
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING EARLEAN
COBBIN MURPHY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF
DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES
FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE
Kristoferson motioned, Durrance seconded to adopt the ordinances. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
44. The Council considered a variance from Section 34-114(17) of the Code of Ordinance,
concerning sidewalks for Milner-Crouch Ranch Estates. The 4.87 acre site was located at the
southwest corner of Cindy Lane and Lariat Road. It was in an Agricultural (A) zoning district.
Single-family development was proposed. The Planning and Zoning Commission recommended
approval (4-2). (V-00-002, Milner-Crouch).
Tim Crouch stated that he was opposed to the requirement of sidewalk on University.
Kristoferson motioned, Burroughs seconded to grant a complete variance. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller
“aye”. Motion carried with a 5-1 vote.
45. The Council considered approval of an ordinance of the City of Denton, Texas amending
the schedule of fees contained in Ordinance 99-371 by adopting a new schedule of fees as
authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton,
Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses,
certificates, variances or designations required by the subdivision rules and regulations and
zoning regulations of the Code of Ordinances, providing for repeal of all ordinances in conflict
herewith; providing a severability clause; providing a savings clause; providing for publication;
and providing an effective date.
The following ordinance was considered:
NO. 2000-098
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF FEES CONTAINED IN ORDINANCE 99-371 BY ADOPTING A
NEW SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER
35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR
FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF
PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS
REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING
REGULATIONS OF THE CODE OF ORDINANCES, PROVIDING FOR REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
March 7, 2000
Page 14
Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
46. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by GBW Engineers, Inc. for the remaining
phases of Beverly Park Estates, PD-90 located east of Sherman Drive and south of Loop 288.
Burroughs motioned, Beasley seconded to grant the 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.
47. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance No. 2000-069, for:
a. 1508 N. Elm (Z-99-083)
b. 1513 N. Locust (Z-99-084)
c. RNW Addition (Z-99-003)
Item a.
Beasley motioned, Kristoferson seconded to grant the relief. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
Item b.
Cochran motioned, Burroughs seconded to grant the relief. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
Item c.
Kristoferson motioned, Beasley seconded to grant relief from the non-residentail interim
regulations, Ordinance No. 2000-069 for the City initiated zoning case No. Z-00-003 for the
RNW Addition. This motion did not include any other development application for the subject
property not initiated by the City. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
48. The Council considered nominations and appointments to the City’s Boards and
Commissions.
John Johnson was nominated by Mayor Miller to move from an alternate position on the Zoning
Board of Adjustment to a regular member.
City of Denton City Council Minutes
March 7, 2000
Page 15
Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this
meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
On roll vote for the nomination. Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously.
Mayor Miller noted that he had appointed Ray Bejarano to the Denton Housing Authority.
49. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Cochran asked that the issue regarding Willie Hudsepth and the
removal of his trees be scheduled for a work session so that Mr. Hudspeth could present his issue
all at one meeting.
50. Items from the City Manager
Mr. Jez did not have any items for Council.
51. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
52 Council took the following official action on Closed Meeting under Sections 551.071-
551.086 of the Texas Open Meetings Act.
A. Considered and took action to adjust compensation of Municipal Judge, City
Attorney, and City Manager as a result of evaluations held in Executive Session
on February 22, 2000.
Beasley motioned, Burroughs seconded to grant an adjustment to the compensation of the
Municipal Judge, the City Attorney and the City Manager by 3% as a result of a prior evaluation.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 9:20 p.m.
_______________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS