Minutes May 16, 2000CITY OF DENTON CITY COUNCIL MINUTES
May 16, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, May 16, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Closed Meeting:
A. 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.
B. Consultation with Attorney – Under TEX. GOV’T. CODE Section 551.071
1. Received briefing from attorneys regarding status of litigation styled
Municipal Administrative Services, Inc. v. City of Denton, Cause No. 99-
th
50263-367 currently pending in the 367 District Court of Denton County,
Texas.
Regular Meeting of the City of Denton City Council on Tuesday, May 16, 2000 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Brock; 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 April 18 and April 25, 2000.
City of Denton City Council Minutes
May 16, 2000
Page 2
Burroughs motioned, Beasley seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Brock “aye”. Motion carried unanimously.
PROCLAMATIONS/PRESENTATIONS
3. The Council considered a Resolution of Appreciation for Rick Svehla.
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
Brock “aye”. Motion carried unanimously.
CITIZEN REPORTS
4. The Council received a report from Gene Price regarding request for speed humps on
Stuart near Chisholm and Driftwood.
Mr. Price was not at the meeting.
5. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth stated that he was still concerned about removal of his trees on his property for
drainage improvements.
6. The Council received a report from Brian Tucker regarding installation of a sidewalk on
his property.
Mr. Tucker indicated that he was having a problem with the City regarding the installation of a
sidewalk on his property. He felt the City did not have an easement to install that sidewalk and
he and his neighbors did not want a sidewalk on his property.
NOISE EXCEPTIONS
7. The Council considered adoption of an ordinance of the City of Denton, Texas, granting,
pursuant to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas an
exception to the limitations imposed by that section with respect to hours of operation of an
amplified loudspeaker system; and providing an effective date. (Juneteenth Celebration
Activities)
The following ordinance was considered:
NO. 2000-166
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT
TO SECTION 20-1(C)(2) OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT
City of Denton City Council Minutes
May 16, 2000
Page 3
SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED
LOUDSPEAKER SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion passed unanimously.
CONSENT AGENDA
Durrance motioned, Burroughs 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 Brock “aye”. Motion passed
unanimously.
8. NO. 2000-167
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASE OF REPAIRS REQUIRED DUE TO FIRE DAMAGE TO
THE SPENCER STATION #3 COOLING TOWER IN ACCORDANCE WITH
PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE. (PO 05460 TO MIDWEST TOWERS, INC. IN THE AMOUNT
OF $316,538)
9. NO. 2000-168
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASE OF 750 MCM COPPER URD CONDUCTOR IN
ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND
PROVIDING AN EFFECTIVE DATE. (PO 05490 TO TEMPLE, INC. IN THE
AMOUNT OF $140,946)
10. NO. 2000-169
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF INFORMIX SOFTWARE
MAINTENANCE COVERAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2490A –
INFORMIX MAINTENANCE COVERAGE AWARDED TO THE SOLE
RESPONDENT, HARRIS COMPUTER SYSTEMS IN THE AMOUNT OF $35,185)
11. NO. 2000-170
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF INDIAN RIDGE CHANNEL
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2488 – INDIAN
City of Denton City Council Minutes
May 16, 2000
Page 4
RIDGE CHANNEL IMPROVEMENTS AWARDED TO SENECA CONTRACTING
CORPORATION IN THE AMOUNT OF $177,570)
12. NO. 2000-171
AN ORDINANCE ACCEPTING COMPETITIVE IDS AND AWARDING A
CONTRACT FOR THE PRINTING OF THE 1999-2020 DENTON PLAN;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2508 – PRINTING OF DENTON PLAN
AWARDED TO MCCORD PRINTING IN THE AMOUNT OF $22,135)
13. NO. R2000-020
A RESOLUTION ADOPTING THE 2000 NORTH LAKES PARK MASTER PLAN
UPDATE OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE.
14. NO. 2000-172
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND BEL-AIR DEVELOPMENT LTD. FOR THE CITY’S PARTICIPATION IN THE
OVERSIZING OF THE SEWER MAINS AND IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
15. NO. 2000-173
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND BEL-AIR DEVELOPMENT LIMITED FOR THE CITY’S PARTICIPATION IN
THE OVERSIZING OF WATER MAINS IN ACCORDANCE WITH THE TERMS
AND CONDITIONS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
16. NO. 2000-174
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR
ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE
PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND
THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR
THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
May 16, 2000
Page 5
Council considered Items #24.
24. The Council considered adoption of an ordinance rezoning approximately 8.3 acres,
commonly known as RNW Addition from a Planned Development (PD-16) zoning district to
Conditioned Neighborhood Service (NS) zoning district. The property was located at the
southwest corner of Teasley Lane and Teasley Lane. The Planning and Zoning Commission’s
motion to recommend approval failed (2-5). (Z-00-03, RNW Addition)
Doug Powell, Director of Planning and Development, stated that there were three outstanding
issues relative to this proposal following the last Council meeting. Those issues dealt with a
conversation with the DISD to express concerns, conditions regarding height of building, and the
list of uses. Staff had received a letter from the developer requesting a postponement for two
weeks to work out further details with the DISD.
Council held a discussion relative to the developer meeting with the DISD. Questions were
raised whether the developer and owner had new concepts to discuss with the DISD regarding
the proposal.
The following individuals spoke regarding the issue:
Bill Dahlstrom, 1445 Ross Avenue, Suite 3200, Dallas, 75202 - requested postponement
Kim Jensen, 829 Abbot’s Lane, Denton, 76205 – favor
Marla Cartwright, 1143 Oakhurst, Denton, 76205 - favor
Teresa Andress, 34 Oak Forrest Circle, Denton, 76205 - favor
Lynn Thompson, 1520 Hunters Ridge Circle, Denton, 76205 – favor
Tommy Thompson, 900 Ellison Park Circle, Denton, 76205 – favor
Nori Carcierie, 911 Smokerise Circle, Denton, 76205 – favor
Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 - favor
The following Speaker Cards were submitted:
John Kokalis, 1400 Lynhurst, Denton, 76205 - favor
Sheray Thompson, 900 Ellison Park Circle, Denton, 76205 – favor
Sharon Key, 1100 Ellison Park, Denton, 76205 – favor
Mr. and Mrs. Larry Schneider, 1016 Ellison Park Circle, Denton, 76205 – favor
Bill and Dawn Ide, 3608 Lake Country Drive, Denton, 76205 – favor
Bob and Cheryl Insley, 3600 Longhorn, Denton, 76205 – favor
Brenda Jordan, 3733 Lake Country Drive, Denton, 76205 – favor
Kim and Chris Spencer, 3725 Ranchman Blvd., Denton, 76205 – favor
David and Tricia Hope, 3604 Longhorn Drive, Denton, 76205 – favor
Reed and Shelly Cullum, 36078 Longhorn Drive, Denton, 76205 – favor
Cindy and Todd Gray, 3517 Sundown Blvd., Denton, 76205 – favor
Lynn and Stacy Miliken 3701 Lake Country Drive, Denton, 76205 – favor
C. and Paul Rawley, 1421 Hunters Ridge Circle, Denton, 76205 - favor
Kurt Jensen, 829 Abbot’s Lane, Denton, 76205 - favor
Jack and RoyAnn Cox, 3624 Lake Country Drive, Denton, 76205 – favor
Joel Blixt, 2200 Lakeside Court, Denton, 76205 – favor
Jackie Shamel, 3604 Granada Trail, Denton, 76205 – favor
City of Denton City Council Minutes
May 16, 2000
Page 6
Hollie Daughtrey, 3600 Lake Country, Denton, 76205 – favor
Kyle Biggerstaff, 3817 Ranchman, Denton, 76205 – favor
Lisa Dougherty, 3812 Lake Country Blvd., Denton, 76205 - favor
Kristoferson motioned, Cochran seconded to adopt the ordinance with the recommended
conditions and amending the building height to 40 feet from the existing grade of the site.
Young motioned to postpone consideration. Motion died for lack of a second.
Mayor Pro Tem Beasley stated that the current zoning for the proposal was inconsistent with the
newly adopted Denton Development Plan and was in favor of the rezoning.
Council Member Burroughs stated that the level of communication with the DISD had been very
poor. The citizens in the area were not in favor the current zoning and it was not reasonable to
have a high volume traffic business in the area with the elementary school.
Council Member Kristoferson felt that there had been ample opportunity for further dialog that
might have reached an agreeable conclusion. The current zoning was 27 years old and it was
reasonable to have reconsideration of the current zoning.
The following ordinance was considered:
NO. 2000-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM PLANNED DEVELOPMENT (PD-16) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
SERVICE (NS) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 8.3 ACRES OF LAND LOCATED AT
THE SOUTHWEST CORNER OF TEASLEY LANE AND TEASLEY LANE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z-00-03)
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “nay”, and Mayor Brock “aye”. Motion passed with a 6-1 vote.
PUBLIC HEARINGS
17. The Council held a public hearing and considered adoption of an ordinance granting
approval of a sub-surface use of a portion of the Bent Creek Park on Ft. Worth Dr. (U.S. 377)
south of the Kansas City Southern Railroad. The installation of a Public Utility Easement in
accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of
an easement and providing an effective date.
Ed Hodney, Director of Parks and Recreation, stated that a sub-surface easement was requested
in the park property for continuation of utility services.
City of Denton City Council Minutes
May 16, 2000
Page 7
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. 2000-175
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A
PORTION OF THE BENT CREEK PARK ON FT. WORTH DR. (U.S. 377) SOUTH
OF THE KANSAS CITY SOUTHERN RAILROAD. THE INSTALLATION OF A
PUBLIC UTILITY EASEMENT 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 “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion passed unanimously.
18. The Council held a public hearing and considered adoption of an ordinance granting
approval of a sub-surface use of the Denton Branch Rail/Trail at Shady Oaks Drive for the
installation of a Drainage Easement in accordance with Chapter 26 of the Texas Parks and
Wildlife Code; providing for the issuance of an easement and providing an effective date.
Ed Hodney, Director of Parks and Recreation, stated that this was a similar item to Item #17.
This would be a sub-surface drainage easement at the Denton Branch Rail/Trail.
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. 2000-176
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF THE
DENTON BRANCH RAIL/TRAIL AT SHADY OAKS DRIVE FOR THE
INSTALLATION OF A DRAINAGE EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF AN EASEMENT AND PROVIDING 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
Brock “aye”. Motion passed unanimously.
City of Denton City Council Minutes
May 16, 2000
Page 8
19. The Council held the first of two public hearings to consider the proposed involuntary
annexation of approximately 250 acres generally located west of Sherman Dr. approximately
3,600’ north of Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas. The
zoning at the time of the annexation would be Agricultural (A). (A-99, Sherman Road Arena
Site)
Doug Powell, Director of Planning and Development, stated that Council heard the proposal for
annexation at a work session. The proposal for the site was a horse arena. The property owner
was in opposition to the annexation. The property owner had requested a discussion with the
Council at an upcoming work session to present an alternative to annexation.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Jeff Noe, 7569 FM428, Denton, 76208 - neutral
David Vanderlaan, 609 Ryan Road, Denton, 76205 – requested postponement
Don Hill, 907 W. Hickory, Denton, 76201 - requested postponement
The Mayor closed the public hearing.
rd
Council directed staff to place this item on the May 23 Council agenda for discussion and
direction.
20. The Council held a public hearing and considered amending Chapter 34 “Subdivision and
Land Development Regulations”, Appendix A-1 “Street Design Specifications” of the Code of
Ordinance of the City of Denton, Texas to change the required street right-of-way widths for
primary and secondary arterials. The Planning and Zoning Commission recommended approval
(7-0).
Doug Powell, Director of Planning and Development, stated that the ordinance would change the
required street right-of-way widths for primary and secondary arterials. It was necessary to
change the ordinance at this point in time due to increased development.
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. 2000-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34
“SUBDIVISION AND LAND DEVELOPMENT REGULATIONS”, APPENDIX A-1
“STREET DESIGN SPECIFICATIONS” OF THE CODE OF ORDINANCES OF THE
City of Denton City Council Minutes
May 16, 2000
Page 9
CITY OF DENTON, TEXAS TO CHANGE THE REQUIRED STREET RIGHT-OF-
WAY WIDTHS FOR PRIMARY AND SECONDARY ARTERIALS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion carried unanimously.
21. The Council held a public hearing and considered an ordinance adopting amendments to
the interim Residential Regulations, Ordinance No. 2000-046 to modify exemptions of certain
types of applications.
Doug Powell, Director of Planning and Development, stated this would amend the 5 acre
exemption for a minor plat. The interim residential regulations would not apply to a residential
development application for approval of land not more than 5 acres in size.
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. 2000-178
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 2000-046 COMMONLY CALLED THE “RESIDENTIAL INTERIM
REGULATIONS” TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING A SAVINGS CLAUSE.
Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion carried with a 6-1 vote.
22. The Council held a public hearing and considered an ordinance adopting amendments to
the interim Non-Residential Regulations, Ordinance No. 2000-069 to change a definition and add
an exemption for certain types of applications.
Doug Powell, Director of Planning and Development, stated that the definition of a development
application would be amended. The interim regulations would also be amended to not include
any building expansions and/or additions to an existing building of structure of less than 10% or
1000 square feet, which ever was less.
The following ordinance was considered:
City of Denton City Council Minutes
May 16, 2000
Page 10
NO. 2000-179
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO 2000-069 COMMONLY CALLED THE “NONRESIDENTIAL INTERIM
REGULATIONS” TO PROVIDE FOR REVISIONS TO SAID REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING A SAVINGS CLAUSE.
Kristoferson motioned, Durrance seconded to vote separately on the two proposed amendments.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
On roll vote to consider the proposed amendments separately, Beasley “aye”, Burroughs “nay”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”.
Motion carried with a 5-2 vote.
Beasley motioned, Young seconded to approve the amendment to Section 1. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young
“aye”, and Mayor Brock “aye”. Motion carried with a 5-2 vote.
Cochran motioned, Burroughs seconded to approve the amendment to Section 2. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Brock “aye”. Motion carried unanimously.
23. The Council held a public hearing and considered approval of a Detailed Plan to change
0.519 acres from SF-7 zoning district to a Planned Development (PD) zoning district. The
property was located 95 feet east of the intersection of Ruddell Street and May Street. A 3-lot
single-family subdivision was proposed. The Planning and Zoning Commission recommended
approval (6-1) with conditions. (Z-00-004)
Doug Powell, Director of Planning and Development, stated that a three lot single family
development was proposed for this site.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Allen Bussell, 1621 Amanda Court, Ponder, 76259 - favor
Nanette Behning , 2224 Woodbrook, Denton, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
May 16, 2000
Page 11
NO. 2000-180
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT (PD-184) WITH CONDITIONS
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 0.519 ACRES OF LAND LOCATED 95 FEET EAST OF THE
INTERSECTION OF RUDDELL STREET AND MAY STREET, COMMONLY
KNOWN AS 1207 AND 1209 MAY STREET; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-00-004)
Cochran motioned, Young seconded to adopt the ordinance with conditions. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Brock “aye”. Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
25. The Council considered approval of a resolution nominating members to the Appraisal
Review Board of the Denton Central Appraisal District; and declaring an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that there had been a resignation on the
Appraisal Review Board and the District was seeking nominations from the various taxing
jurisdictions.
Mayor Brock nominated Robbie Gober.
The following resolution was considered:
NO. R2000-021
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion carried unanimously.
26. The Council considered approval of exaction variances from Section 34-114(5), existing
perimeter streets, and Section 34-114(17), sidewalks, of the Subdivision and Land Development
Regulations for a 5.014 acre property located north of Windsor, along the east side of Riney
Road. A single-family residence was proposed. (The Planning and Zoning Commission
recommended denial [4-3] on the right-of-way variance and recommended denial [5-2] on
perimeter street variance.) (V-00-005, T & T Nelson Addition)
Doug Powell, Director of Planning and Development, stated that two exaction variances for this
site were requested dealing with sidewalks and perimeter paving. Staff recommended a partial
City of Denton City Council Minutes
May 16, 2000
Page 12
variance for the street improvements with the applicant paying $5,400 for street improvements
and $1,150 for sidewalk improvements.
Cochran motioned, Young seconded for a complete variance for street improvements and a
partial variance for the sidewalk.
Brent Bowen, 2208 Lattimore, Denton, 76201, spoke in favor of the request.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Brock “aye”. Motion carried unanimously.
27. The Council considered approving an alternative landscape plan for a 0.61-acre gas
station/convenience store site at the southeast corner of Teasley and I-35E. The Planning and
Zoning Commission recommended approval (6-0) with conditions. (ALP-00-001, Southridge
Exxon ALP)
Doug Powell, Director of Planning and Development, stated that the site had an existing vacant
gas station. The proposed landscaping of the site would exceed the landscaping requirements.
Kristoferson motioned, Young seconded to adopt the ordinance.
The following individuals spoke regarding the request:
Allen Bussell, 1621 Amanda Circle, Ponder, 76259 - favor
Bill Gardner, 325 E. Forest, Sherman, 75090 - favor
The following ordinance was considered:
NO. 2000-182
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE LANDSCAPE PLAN FOR A 0.6 ACRE OF LAND LOCATED AT
THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (ALP-00-001)
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Brock “aye”. Motion carried unanimously.
28. The Council considered approval of a resolution by the City of Denton, Texas,
authorizing the City Manager to sign and submit to the Department of Housing and Urban
Development a 2000-2005 Consolidated Plan for Housing and Community Development
including a 2000 Action Plan with appropriate certifications, as authorized and required by the
Housing and Community Development Act of 1974, as amended and the National Affordable
Housing Act of 1990, as amended; and providing for an effective date.
Barbara Ross, Community Development Administrator, stated that there were minor revisions
and typographical corrections made to the document.
City of Denton City Council Minutes
May 16, 2000
Page 13
The following resolution was considered:
NO. R200-022
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A 2000-2005 CONSOLIDATED PLAN FOR HOUSING
AND COMMUNITY DEVELOPMENT INCLUDING A 2000 ACTION PLAN WITH
APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED;
AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Durrance seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion carried unanimously.
29. The Council considered adoption of an ordinance authorizing the City Manager or his
designee to execute an amendment to golf range lease contract for North Lakes Park in the City
of Denton; and providing an effective date.
The following ordinance was considered:
NO. 2000-183
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AMENDMENT TO GOLF RANGE LEASE CONTRACT FOR
NORTH LAKES PARK IN THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE.
Durrance motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Brock “aye”. Motion carried unanimously.
30. The Council considered adoption of an ordinance of the City of Denton authorizing the
City Manager to execute on behalf of the City of Denton an Airport Project Participation
Agreement with the Texas Department of Transportation relating to the design and construction
of improvements at the Denton Municipal Airport; and declaring an effective date.
Mark Nelson, Airport Manager, stated that this was the final commitment with TxDot to allow
notice to proceed for the engineering phase of the project.
The following ordinance was considered:
City of Denton City Council Minutes
May 16, 2000
Page 14
NO. 2000-184
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE DESIGN AND CONSTRUCTION OF
IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING
AN EFFECTIVE DATE
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
Brock “aye”. Motion carried unanimously.
31. The Council considered approval of a resolution establishing maximum permitted rates
that Charter Communications may charge its Denton cable television subscribers for basic cable
service, associated equipment, changing tiers, and the hourly service charge; providing a
severability clause; and providing an effective date.
John Cabrales, Public Information Officer, stated that this was final consideration for the
permitted rate increases that Charter Communication could charge to Denton cable television
subscribers for basic cable service, associated equipment, changing tiers and the hourly service
charge.
The following resolution was considered:
NO. R2000-023
A RESOLUTION ESTABLISHING MAXIMUM PERMITTED RATES THAT
CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE
TELEVISION SUBSCRIBERS FOR BASIC CABLE SERVICE, ASSOCIATED
EQUIPMENT, CHANGING TIERS, AND THE HOURLY SERVICE CHARGE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Durrance motioned, Burroughs seconded to approve the resolution with option two. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Brock “aye”. Motion carried unanimously.
32. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Durrance requested an update on a paperless agenda process.
B. Council Member Durrance requested further information on economic
development districts.
C. Mayor Brock requested consideration of Council committees at the next Council
meeting.
City of Denton City Council Minutes
May 16, 2000
Page 15
33. Items from the City Manager
City Manager Jez did not have any items for Council.
34. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
35. There was no official action on Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:45 p.m.
____________________________
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS