Minutes April 04, 2000CITY OF DENTON CITY COUNCIL MINUTES
April 4, 2000
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, April 4, 2000 at 5:15 p.m. in the City of Denton Work Session
Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071
1. Discussed and considered authorizing the City’s attorneys to initiate
litigation against TXU Electric & Gas, including, without limitation:
litigation to collect delinquent franchise fees and a declaratory judgment
action or injunction to prevent TXU Electric from operating on City
rights-of-way and City streets without a franchise, and to discuss legal
issues with the attorneys where to discuss these matters in public would
conflict with the duty of the City’s attorneys to the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
2. Discussed and received briefing from attorneys on status and possible
settlement of litigation styled Municipal Administrative Services, Inc. v.
th
City of Denton, Cause No. 99-50263-367 currently pending in the 367
District Court of Denton County, Texas.
Regular Meeting of the City of Denton City Council on Tuesday, April 4, 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 February 11, February 15, and
February 22, 2000.
Cochran motioned, Durrance seconded to approve the minutes as presented.
th
Mayor Pro Tem Beasley noted a correction to the February 15 minutes. Item #26 on page 9
should have her vote as “aye”.
City of Denton City Council Minutes
April 4, 2000
Page 2
On roll vote to approve the minutes as corrected, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
PROCLAMATIONS/PRESENTATIONS
3. April Yard-of-the-Month Awards
The Yard of the Month awards were not done at this meeting.
4. Proclamations
a. Mayor Miller presented a proclamation for Sexual Assault Awareness Month.
CITIZEN REPORTS
5. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth presented a video regarding his property before removal of the trees.
6. The Council received a presentation from Jesse Martin of a resolution regarding ATM
fees from UNT student government.
Mr. Martin presented a resolution from the UNT Student Association regarding ATM fees and
the request for the City to consider a referendum regarding ATM fees.
7. The Council received a report from Ross Melton regarding Rule 1 of the Texas Rules of
Civil Procedure.
Mr. Melton spoke regarding the Texas Rules of Civil Procedure – Rule 1 dealing with objective
of rules.
8. The Council received a report Eric Jansen regarding Denton Affordable Housing placing
MHMR group homes in a residential neighborhood.
Mr. Jansen was not present at the meeting.
CONSENT AGENDA
Kristoferson motioned, Durrance seconded to approve the Consent Agenda and the
accompanying ordinances and resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
9. Approved a tax refund to Gary Kollmeier. The 1999 tax was overpaid, resulting in an
overpayment.
City of Denton City Council Minutes
April 4, 2000
Page 3
10. Approved a tax refund to Linda Marsh Schlottig. The 1999 tax was overpaid, resulting in
an overpayment.
11. Approved a tax refund to Scripture Medical Center. The 1999 tax was paid twice,
resulting in an overpayment.
12. Approved a tax refund to Associates Leasing Inc. The 1998 taxable value was corrected
per the Denton Central Appraisal District resulting in an overpayment.
13. Approved a tax refund to UUNET Technologies, Inc. The 1999 taxable value was
decreased, resulting in an overpayment.
14. NO. 2000-120
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE. (BID 2424A – RENTAL OF HEAVY EQUIPMENT AWARDED
TO FUTURE EQUIPMENT CO., INC. FOR ITEMS 1&2 AND CRESCENT
MACHINERY FOR ITEM 3)
15. NO. 2000-121
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF POLICE UNIFORMS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2470 – POLICE UNIFORMS AWARDED
IN THE ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY $45,000)
16. NO. 2000-122
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (AWARDED
TO NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT OF $36.50 PER
GAME FOR AN ESTIMATED AWARD EXPENDITURE OF $45,990)
17. NO. 2000-123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE
ATTACHED PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE
IMPLEMENTATION AND SUPPORT BETWEEN THE CITY OF DENTON, TEXAS
AND ACCESS TECHNOLOGIES, INC., A QUALIFIED INFORMATION SYSTEMS
VENDOR (“QISV”) OF THE STATE OF TEXAS, TO BE PAID FROM PREVIOUSLY
BUDGETED FUNDS IN AN AMOUNT NOT EXCEED SIX HUNDRED
City of Denton City Council Minutes
April 4, 2000
Page 4
THOUSAND, FIVE HUNDRED AND SEVENTY DOLLARS ($616,570); AND
PROVIDING FOR AN EFFECTIVE DATE. (PO #04402 TO ACCESS
TECHNOLOGIES, INC. IN THE AMOUNT OF $616,570)
18. NO. 2000-124
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASE OF #4/0 STRANDED ALUMINUM 15KV PRIMARY
ELECTRIC CABLE IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; PROVIDING AN EFFECTIVE DATE. (PO #04337 TO TEMPLE, INC. IN
THE AMOUNT OF $86,625)
19. NO. 2000-125
AN ORDINANCE OF THE CITY OF DENTON, TEXAS 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 #04394 TO
CITY OF GARLAND, PO #04395 TO CITY PUBLIC SERVICE SAN ANTONIO, PO
#04396 TO TXU ELEC.-TRANSMISSION DIV., PO #04397 TO RELIANT ENERGY
HL&P, PO #04398 TO CENTRAL POWER & LIGHT CO. IN THE TOTAL AMOUNT
OF $1,375,698.50)
20. NO. R2000-012
A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT
ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO
CELEBRATION ON MAY 6, 2000, UPON THE CONDITIONS OF OBTAINING
BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL
LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY
LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR
THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
21. NO. 2000-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL
LUNCH ACT TO OBTAIN FUNDING FOR THE 2000 SUMMER FOOD SERVICE
PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS
AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM
AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND
EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL
DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS
REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 4, 2000
Page 5
22. NO. 2000-127
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF
TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION
TO PROVIDE FOR ADVANCED FUNDING FOR CERTAIN COLOR TEXTURIZED
CONCRETE CURBS FOR THE I-35 PROJECT; AND PROVIDING FOR AN
EFFECTIVE DATE.
23. NO. 2000-128
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
99-298 PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES,
DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES
TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 98-
265, TO INCREASE INSUFFICIENT FUND CHECK HANDLING CHARGE;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
24. NO. R2000-013
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING
TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER
EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH
OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS;
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
PUBLIC HEARINGS
25. The Council held a public hearing to consider rezoning approximately 0.24 acres,
commonly known as 1504, 1506 and 1508 N. Elm, from an Office (O) zoning district to a
Planned Development (PD) zoning district. The Detailed plan proposal was to allow office and
residential uses on the property. The Planning and Zoning Commission recommended approval
(7-0) with conditions. (Z-99-083, 1508 N. Elm)
Doug Powell, Assistant Director for Planning and Development, presented the details of the
property that had been before Council on several occasions.
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
April 4, 2000
Page 6
NO. 2000-129
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT 182 (PD182) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.24 ACRES OF LAND
LOCATED AT 1508 N. ELM; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the proposal with the conditions as noted from
the Planning and Zoning Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
26. The Council held a public hearing to consider rezoning approximately 0.19 acres,
commonly known as 1513 N. Locust, from a Office (O) zoning district to a Planned
Development (PD) zoning district. The Detailed plan proposal was to allow office and
residential uses on the property. The Planning and Zoning Commission recommended approval
(7-0) with conditions. (Z-99-084, 1513 N. Locust)
Doug Powell, Assistant Director for Planning and Development, stated that the change in
planned development would allow both residential and commercial office uses on the property.
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. 2000-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT 183 (PD183) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.19 ACRES OF LAND
LOCATED AT 1513 N. LOCUST; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran 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.
27. The Council held a public hearing regarding the Detailed Plan for Planned Development
(PD-93) encompassing approximately 10 acres. The property was generally located on the
City of Denton City Council Minutes
April 4, 2000
Page 7
southwest corner of Ryan Road and Teasley Lane. A 159 unit multi-family residential
development was proposed. The Planning and Zoning Commission recommended approval (4-3)
with conditions. (Z-99-096, Ryan/Teasley)
Herb Prouty, City Attorney, stated that this item had not been noticed properly and only allowed
for a public hearing. No action by Council would be allowed on the item at this meeting. The
proposal would have to be re-noticed at another meeting.
Doug Powell, Assistant Director for Planning and Development, stated that the proposal was for
a multi-family complex to be built on the site. The proposal had been granted relief from the
interim regulations in February. It was felt that numerous site design issues, as noted in the
agenda materials, were contained in the planned development language. However, there were
additional issues associated with the detailed plan. The 20% rule was in effect with more than
20% of adjacent property owners in opposition to the proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Allyson Archer – favor
Art Anderson – favor
Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - opposition
Richard Garner, 2321 Wildwood Lane, Denton, 76205 - opposition
Jack Deeb, 2408 Wildwood Lane, Denton, 76205 - opposition
Raymond Shephard, 3956 Parkhaven Drive, Denton – opposition
Jason Moore, 2316 Wildwood, Denton, 76205 – opposition
Peggy Steward, 2312 Wildwood Lane, Denton. 76205 – opposition
Rebuttal by Archer
The following individuals presented comment cards:
Doug Pearson, 2208 Wildwood Lane, Denton, 76205 - opposition
Tim and Allison Raper, 2421 Wildwood Lane, Denton, 76205 - opposition
Jason and Stephanie Moore, 2316 Wildwood Lane, Denton, 76205 - opposition
Steve Tubbs, 3912 Parkhaven, Denton, 76205 - opposition
Harry and Billie Tucker, 3908 Parkhaven Drive, Denton, 76205 - opposition
Tiffany Veale, 3960 Overlake, Denton, 76205 - opposition
Chris Veale, 3960 Overlake Drive, Denton, 76205 - opposition
Olivia Cunningham, 3944 Overlake Drive, Denton, 76205 – opposition
Imran Mandyiwalla, 3928 Overlake, Denton, 76205 - opposition
Chris Huff, 3904 Overlake Drive, Denton, 76205 - opposition
Mr. and Mrs. Tracy LaBrun, 2220 Wildwood, Denton, 76205 - opposition
Noreen Goggin, 3956 Overlake Drive, Denton, 76205 - opposition
Donald Young, 3952 Overlake Drive, Denton, 76205 - opposition
Ann Hashem, 3908 Overlake Drive, Denton, 76205 - opposition
Debra Patrick, 3908 Overlake Drive, Denton, 76205 - opposition
Jason and Shelly Glotzbach, 3905 Overlake Drive, Denton, 76205 - opposition
Todd and Cindy Muller, 3936 Overlake Drive, Denton, 76205 - opposition
City of Denton City Council Minutes
April 4, 2000
Page 8
Monty Melugin, 3916 Overlake Drive, Denton, 76205 - opposition
Maria Melugin, 3916 Overlake Drive, Denton, 76205 - opposition
Doreen Shephard, 3956 Parkhaven, Denton, 76205 - opposition
Ryan Futch, 3929 Overlake Drive, Denton, 76205 - opposition
Elaine Tubbs, 3912 Parkhaven, Denton, 76205 - opposition
Jeff Roberts, 3964 Parkhaven, Denton, 76205 - opposition
Seven Deramo, 3953 Overlake Drive, Denton, 76205 - opposition
Jennifer Rojas, 3924 Overlake Drive, Denton, 76205 - opposition
Jenny Ismert, 3924 Overlake Drive, Denton, 76205 - opposition
Phoebe Boyd, 3924 Overlake, Denton, 76205 - opposition
Fred and Debbie Clark, 3961 Overlake Drive, Denton, 76205 - opposition
Beverly Clark, 3961 Overlake Drive, Denton, 76205 - opposition
Zachary Clark, 3961 Overlake Drive, Denton, 76205 - opposition
Pilar Balabuch, 3917 Overlake Drive, Denton, 76205 - opposition
Laurie Garner, 2321 Wildwood, Denton, 76205 - opposition
Ray Johnson, 2401 Wildwood, Denton, 76205 - opposition
Jason Brown, 2409 Wildwood, Denton, 76205 - opposition
Steven Miranda, 2420 Wildwood, Denton, 76205 - opposition
Masoud Abbassi, 2416 Wildwood, Denton, 76205 - opposition
Robert Pierce, 2312 Wildwood, Denton, 76205 - opposition
Raul and Yvonne Salas, Jr., 2301 Wildwood, Denton, 76205 - opposition
Raymond and Frances Tinsman, 2325 Wildwood, Denton, 76205 - opposition
Tami Alford, 3905 Parkhaven, Denton, 76205 - opposition
Raymond Shepard, 3956 Parkhaven, Denton, 76205 - opposition
Simeon Thomas, 2404 Wildwood, Denton, 76205 - opposition
Rosemary Surber, 3961 Parkhaven, Denton, 76205 - opposition
Kelly Meyer, 3936 Parkhaven, Denton, 76205 - opposition
David Lamb, 2204 Wildwood, Denton, 76205 - opposition
Lindsay Lamb, 2204 Wildwood, Denton, 76205 - opposition
Angela Allison, 3929 Parkhaven Drive, Denton, 76205 - opposition
Beverly Deeb, 1426 Hidden Oaks Circle, Denton, 76205 - opposition
Wes Oldham, 3932 Overlake Drive, Denton, 76205 - opposition
Michelle Oldham, 3932 Overlake Drive, Denton, 76205 - opposition
Kay Watson, 2400 Wildwood, Denton, 76205 - opposition
Jeff Allison, 3929 Parkhaven, Denton, 76205 - opposition
Robert Boso, 3945 Overlake Drive, Denton, 76205 - opposition
Staley Boso, 3945 Overlake Drive, Denton, 76205 - opposition
Jeff Meyer, 3936 Parkhaven, Drive, Denton, 76205 - opposition
Eugene Pinter, 3953 Parkhaven Drive, Denton, 76205 - opposition
Robert Cunningham, 3944 Overlake, Denton, 76205 - opposition
William Karl, 3937 Parkhaven Drive, Denton, 76205 - opposition
Billie Ann Pinter, 3953 Parkhaven Drive, Denton, 76205 - opposition
Roxanne and Robert Haddock, 3913 Overlake Drive, Denton, 76205 – opposition
Kelly McCldin, 3952 Parkhaven, Denton, 76205 – opposition
Peter Balabuch, 3917 Overlake Drive, Denton, 76205 – opposition
Samuel Grissom, 2405 Wildwood, Denton, 76205 – opposition
Mark Holiman, 3916 Parkhaven, Denton, 76205 - opposition
City of Denton City Council Minutes
April 4, 2000
Page 9
Burroughs motioned, Beasley seconded to continue the public hearing to the next regular City
Council meeting. 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.
28. 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, Assistant Director for Planning and Development, stated that this was a request for
relief for the proposals in Items #29 and #31 and indicated that the proposals had been in the
system for quite a long time.
Cochran motioned, Young seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
Item #30 was considered.
30. 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 (FM 426)
.)
east of Mayhill Road. (This was not a public hearing
Cochran motioned, Beasley seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
29. 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)
Doug Powell, Assistant Director for Planning and Development, presented the details of Items
#29 and #31 as noted in the agenda materials. Both were continuations of public hearings from
prior meetings.
Jerry Clark, Director of Engineering and Transportation, stated that a phasing plan had been
agreed on to install the proper infrastructure. He recommended removal of the three conditions
placed on the proposal in regards to traffic. There were two options for a final choice upon final
development.
th
Todd Parton, Director of Planning for the DISD, stated that an April 11 draft letter for a
donation of 12.5 acre tract for a school site with an adjoining 2.5 acres to the City as parkland
had been received by the DISD.
City of Denton City Council Minutes
April 4, 2000
Page 10
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Tommy Bain – favor – remove three conditions from Planning and Zoning Commission
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT 179 (PD179) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47.3 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426),
APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY
ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3
ACRES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-046)
Burroughs motioned, Young seconded to approve the proposal with the conditions that street and
transportation improvements would be constructed in accordance with the phasing as attached in
the ordinance, 75% of the exterior would be brick, a minimum of 3.5 acres of the property would
be reserved as private open space easily accessible to all residents of the neighborhood, no more
than 50% of all homes on lots of 7,000 square feet or more would have front entry garages and
the three conditions recommended by the Planning and Zoning Commission would be removed.
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 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)
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.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
April 4, 2000
Page 11
The following ordinance was considered:
NO. 2000-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 408.36 ACRES OF LAND TO SINGLE FAMILY –7
(SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON
132.55 ACRES, SINGLE FAMILY 10 CONDITIONED (SF-10[C]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACRES, AND
SINGLE FAMILY 13 CONDITIONED (SF-13[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED
BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (F.M. 426)
IN THE PROXIMITY OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Z-99-072)
Young motioned, Beasley seconded to approve the proposal with the conditions that a school site
would be finalized with the DISD prior to preliminary plat approval, no more than 50% of all
homes would have front entry garages, 75% of the exterior of all buildings would have brick and
the three items recommended by the Planning and Zoning Commission would be deleted. 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 held a public hearing and considered adopting separate ordinances to annex
and zone an 18-acre tract located on the north side of Spencer Road between Woodrow and Loop
288 in the extraterritorial jurisdiction of the City of Denton, Texas. (A-98, DME Spencer
Generation Plant)
A. Council considered adoption of an ordinance to voluntarily annex approximately
18 acres of land located on the north side of Spencer Road between Woodrow and
Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas, to
approve a service plan for the annexed property, to provide a severability clause
and to provide for an effective date. Second reading of ordinance. (A-98, DME
Spencer Generation Plant)
B. The Council held a public hearing and considered rezoning an approximately 18-
acre site to a Light Industrial (LI) zoning district. The property was located on the
north side of Spencer Road between Woodrow and Loop 288 in Southeast
Denton. The Planning and Zoning Commission recommended approval (6-0) with
conditions. (Z-00-001, DME Spencer Generation Plant)
NO. 2000-133
AN ORDINANCE TO VOLUNTARILY ANNEX 17.751 ACRES OF LAND
CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
City of Denton City Council Minutes
April 4, 2000
Page 12
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 FOR AN EFFECTIVE DATE. (A-98)
Young motioned, Cochran 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.
Item B. was considered.
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. 2000-134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ZONING
APPROXIMATELY 17.751 ACRES LOCATED NORTH OF SPENCER ROAD
BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST DENTON TO
ESTABLISH A CONDITIONED LIGHT INDUSTRIAL (LI[C]) ZONING DISTRICT
CLASSIFICATION AND LAND USE DESIGNATION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z-00-001)
Beasley motioned, Young seconded to adopt the ordinance striking the uses as noted in the
Planning and Zoning Commission minutes. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
33. The Council held a public hearing and considered approving a Detailed Plan for
approximately 162 acres in the Planned Development 120 (PD-120) zoning district. The property
was generally located between North Elm Street (US 77) and Loop 288 roughly 1500 feet west
of North Locust (FM 2164). The proposal was to develop a single-family subdivision. The
Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-101,
North Pointe)
Doug Powell, Assistant Director for Planning and Development, presented the details of the
proposal as noted in the agenda materials. A single-family subdivision was proposed.
The Mayor opened the public hearing.
Ottis Lee, 1192 Boling Ranch Rd., Azle, 76020, spoke in favor of the proposal.
City of Denton City Council Minutes
April 4, 2000
Page 13
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-135
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 86-173 TO PROVIDE FOR A DETAILED PLAN FOR 162.527 ACRES
LOCATED WITHIN PLANNED DEVELOPMENT 120 (PD-120) ZONING
DISTRICT; THE SUBJECT PROPERTY BEING LOCATED BETWEEN NORTH
ELM STREET (US 77) AND LOOP 288 ROUGHLY 1500 FEET WEST OF NORTH
LOCUST (FM 2164); 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-99-101)
Young motioned, Beasley seconded to adopt the ordinance as recommended by the Planning and
Zoning Commission with 75% brick on the homes. 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
34. The Council considered and took action on a Non-residential Project Plan request for Oak
Tree Plaza Shopping Center. The 7.44-acre site was located at the southeast corner of Loop 288
and Spencer Road. (SP-00-001, Oak Tree Plaza)
Doug Powell, Assistant Director for Planning and Development, stated that staff had concerns
regarding the site plan that included architectural features of the building, access to the site,
parking, landscaping and signage.
The following individuals spoke regarding the proposal:
Ralph Isenberg, petitioner, – favor
Charles Crook, Weir and Associates – favor
Marty Wieder, 7291 Glenview Drive, North Richland Hills, 76180 - favor
Abigail Mooradian, 4800 Kelly Elliott Road, Arlington, 76017, submitted a speaker card in favor
of the proposal.
nd
Kristoferson motioned, Durrance seconded to postpone consideration until the May 2Council
meeting. On roll vote, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “aye”,
Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 2-5 vote.
Cochran motioned, Young seconded to approve the request with the removal of the Loop 288
access and only allowing one sign on the property.
City of Denton City Council Minutes
April 4, 2000
Page 14
Isenberg stated that he did not have a concern regarding the condition of the sign. He felt that by
the right of zoning, he had a right to ingress and egress to his property.
Council and the developer debated the pros and cons of the proposal in terms of parking and
driveways.
nd
Beasley motioned, Burroughs seconded to postpone consideration to the May 2 City Council
meeting. 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.
35. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-069, for Audra Oaks - a 2.93-acre parcel located on the
south side of Audra Lane west of Mockingbird. The proposal was for SF-7 zoning. (RR-00-05,
Audra Oaks)
Greg Edwards, 1621 Amanda Ct., Ponder, 76259, spoke in favor of the issue.
Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and
Mayor Miller “aye”. Motion carried with a 5-2 vote.
36. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-069, for 416 Bryan Street. The 0.432-acre site was located
on the east side of Bryan Street approximately 110 feet south of Scripture. An apartment
complex was proposed. (RR-00-07, Belle Bryan Apartments)
Scott Richter, 209 Windbrook, 76205, spoke in favor.
Kristoferson motioned, Burroughs seconded to approve the request for relief. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“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 2000-069, for Robinson Oaks subdivision. The 36.1-acre
property was located north of Robinson Road west of the future FM 2499 Right-of-Way. A
single-family Planned Development (PD) was proposed. (RR-00-06, Robinson Oaks)
Lloyd Blaylock, 6116 N. Central, Dallas, 75206, spoke in favor of the relief.
Young motioned, Mayor seconded to approve the request for relief. On roll vote, Beasley “nay”,
Burroughs “nay”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor
Miller “aye”. Motion failed with a 2-5 vote.
38. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for a 4.315-acre property located at the southwest
corner of Lillian Miller and Southridge. The proposal was for consideration of an amended
Detailed Plan for a Bed and Breakfast on the property. (RN-00-06)
City of Denton City Council Minutes
April 4, 2000
Page 15
Rick Moore, 901 Ellison Park Circle, 76205, spoke in favor of granting the request for relief.
Cochran motioned, Young seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
39. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-046, Behning Place subdivision. The 0.52-acre site was
located north of May Street approximately 200 feet east of Ruddell. A Planned Development
(PD) zoning district for a single-family development was proposed. (RR-00-08)
Burroughs motioned, Young seconded to approve the request for relief.
Allen Bucell, (1621 Amanda Ct., Ponder, 76259) and Nanette Behning, (2224 Woodbrook
Denton, 76205), spoke in favor of the request for relief.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
40. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for property located on Nowlin Road, a proposal to
construct an accessory building used in conjunction with an existing cellular tower. (RN-00-21)
Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
41. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for property located at 520 Fort Worth Drive, a
proposal to construct a self-storage development. (RN-00-22)
Beasley motioned, Kristoferson seconded to deny the request for relief. 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.
42. The Council considered approval of a resolution of the City of Denton, Texas, accepting
the sum of $1,000 from Windle Family Partners, Ltd. and Michael C. Ramos in consideration for
extending the one hundred eighty (180) day period for exclusive negotiations for the possible
lease of certain airport property as provided in City Council Resolution No. 99-055 for an
additional one hundred eighty (180) day period; and providing an effective date.
Cochran motioned, Kristoferson seconded to deny approval of the resolution. On roll vote,
Beasley “nay”, Burroughs “nay”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young
“nay”, and Mayor Miller “nay”. Motion failed with a 2-5 vote.
The following resolution was considered:
City of Denton City Council Minutes
April 4, 2000
Page 16
NO. R2000-014
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING THE SUM OF
$1,000 FROM WINDLE FAMILY PARTNERS, LTD. AND MICHAEL C. RAMOS IN
CONSIDERATION FOR EXTENDING THE ONE HUNDRED EIGHTY (180) DAY
PERIOD FOR EXCLUSIVE NEGOTIATIONS FOR THE POSSIBLE LEASE OF
CERTAIN AIRPORT PROPERTY AS PROVIDED IN CITY COUNCIL
RESOLUTION NO. 99-055 FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180)
DAY PERIOD; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Durrance seconded to approve the resolution. 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.
43. The Council considered adoption of an ordinance approving a Multiple Use Agreement
between the City of Denton and the State of Texas by the Texas Department of Transportation
for a Rain Gauge Station in the eastern right-of-way of FM 156 at Hickory Creek in the City of
Denton, Texas; authorizing the City Manager or his designee to sign the agreement; and
providing an effective date.
The following ordinance was considered:
NO. 2000-136
AN ORDINANCE APPROVING A MULTIPLE USE AGREEMENT BETWEEN THE
CITY OF DENTON AND THE STATE OF TEXAS BY THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR A RAIN GAUGE STATION IN THE EASTERN
RIGHT-OF-WAY OF FM 156 AT HICKORY CREEK IN THE CITY OF DENTON,
TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Young 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.
44. The Council considered adoption of an ordinance authorizing the City Manager to
execute a Project Cooperation Agreement between the City of Denton and the Department of the
Army for modification of the Lake Lewisville Lake Wildlife Management Area of Lewisville
Lake, Texas; and providing for an effective date.
The following ordinance was considered:
NO. 2000-137
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DEPARTMENT OF THE ARMY FOR MODIFICATION OF THE LAKE
City of Denton City Council Minutes
April 4, 2000
Page 17
LEWISVILLE LAKE WILDLIFE MANAGEMENT AREA OF LEWISVILLE LAKE,
TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran 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.
45. The Council considered adoption of an ordinance authorizing the Mayor or City Manager
to enter into an Interlocal Cooperation Agreement with Denton County, Texas for road
improvements regarding Brinker Road Project; and providing an effective date.
The following ordinance was considered:
NO. 2000-138
AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER
INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON
COUNTY, TEXAS FOR ROAD IMPROVEMENTS REGARDING BRINKER ROAD
PROJECT; AND PROVIDING AN EFFECTIVE
Young 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.
46. The Council considered adoption of an ordinance authorizing the City’s attorneys to
initiate litigation against TXU Electric & Gas to recover delinquent franchise fees and to prevent
TXU Electric from operating within the City on the City’s streets and rights-of-way without
obtaining a franchise from the City; authorizing the City Attorney to seek the assistance of
outside counsel; and providing an effective date.
The following ordinance was considered:
NO. 2000-139
AN ORDINANCE OF AUTHORIZING THE CITY’S ATTORNEYS TO INITIATE
LITIGATION AGAINST TXU ELECTRIC & GAS TO RECOVER DELINQUENT
FRANCHISE FEES AND TO PREVENT TXU ELECTRIC FROM OPERATING
WITHIN THE CITY ON THE CITY’S STREETS AND RIGHTS-OF-WAY WITHOUT
OBTAINING A FRANCHISE FROM THE CITY; AUTHORIZING THE CITY
ATTORNEY TO SEEK THE ASSISTANCE OF OUTSIDE COUNSEL; AND
PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Young 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.
47. The Council considered nominations and appointments to the City’s Boards and
Commissions.
City of Denton City Council Minutes
April 4, 2000
Page 18
There were no nominations/appointments made at this meeting.
48. New Business
The following items of New Business were suggested by Council members for future agendas:
A. Mayor Pro Tem Beasley asked for an assessment of less than 5 acres of land
being exempted from the interim regulations.
49. Items from the City Manager
A. Notification of upcoming meetings and/or conferences
B. Clarification of items on the agenda
City Manager Jez did not have any items for Council.
50. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
51. 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 11:24 p.m.
__________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
_______________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON