Minutes June 06, 2000CITY OF DENTON CITY COUNCIL MINUTES
June 6, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, June 6, 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, Durrance,
Kristoferson and Young.
ABSENT: Council Member Cochran
Closed Meeting:
A. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section
551.072.
1. Received information from Staff, discussed, deliberated, considered, and
provided Staff with advice and direction pertaining to the location of, the
purchase price of, the possible terms of purchase of, negotiating issues,
and valuation issues respecting the possible acquisition by the City of
Denton of two (2) tracts of real property, comprising .32 acres, both tracts
being situated within the H. Sisco Survey, Abstract No. 1184, in Denton
County, Texas; which acquisition is for a public purpose.
2. Received information from Staff, discussed, deliberated, considered, and
provided Staff with advice and direction pertaining to the location of, the
purchase price of, the possible terms of purchase of, negotiating issues,
and valuation issues respecting the possible acquisition by the City of
Denton of a 0.21 acre tract being situated within the W. Loving Survey,
Abstract No. 759, in Denton County, Texas; which acquisition is for a
public purpose.
B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071
1. Considered and discussed possible settlement of claim and potential
litigation in a matter involving an appeal to the Zoning Board of
Adjustment and their decision on the claimed non-conforming status of the
property located on the south side of Edwards Road about 2,000 feet west
of Swisher Road.
Regular Meeting of the City of Denton City Council on Tuesday, June 6, 2000 at 6:00 p.m. in the
Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the City Council recited the Pledge of Allegiance to the U.S. and
Texas flags.
2. The Council considered approval of the minutes of May 2, May 9, May 12, and May 16,
2000.
City of Denton City Council Minutes
June 6, 2000
Page 2
Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley
“aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock
“aye”. Motion carried unanimously.
PROCLAMATIONS/PRESENTATIONS
3. Mayor Brock presented a proclamation for Pause for the Pledge Day
4. Resolution of Appreciation
The Council considered approval of a resolution of appreciation for Max Blackburn. Young
motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
5. The following presentations were made:
A. Presentation to Parks Department from Denton County Law Enforcement
Memorial Commission
B. Presentation of Texas Safety Association Awards
C. Presentation of Texas Water Utilities Association “Best Tasting Water” Award
from North Texas District
CITIZEN REPORTS
6. The Council received a report from Paul Bennett regarding planning and zoning.
Mr. Bennett stated that he was trying to open a small business in the City but was having
difficulty with City regulations.
7. The Council received a report from Tom Atkins regarding the City’s health insurance.
Mr. Atkins was not present at the meeting.
8. The Council received a report from Mildred Calvert regarding the importance of organ
and tissue donation.
Ms. Calvert stated that she was a heart transplant recipient and encouraged everyone to consider
organ and tissue donation.
9. The Council received a report from Ross Melton regarding lawyers, Pharisees, and
hypocrites enforcing aesthetics, unanswered letters and lawsuit.
Mr. Melton stated that he had again received a notice from Code Enforcement that he felt was
inappropriate.
10. The Council received a report from Dessie Goodson regarding City of Denton issues.
Ms. Goodson was not present at the meeting.
City of Denton City Council Minutes
June 6, 2000
Page 3
CONSENT AGENDA
Young motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously.
11. Approved a tax refund to Joshua Cotton. The 1999 tax was paid twice, resulting in an
overpayment.
12. Approved a tax refund to Westminster LTD. The 1999 tax was paid twice, resulting in an
overpayment.
13. Approved a tax refund to Westminster LTD. The 1999 tax was paid twice, resulting in an
overpayment.
14. Approved a tax refund to Westminster LTD. The 1999 tax was paid twice, resulting in an
overpayment.
15. Approved a tax refund to Dade International, Inc. The 1999 assessed value was deleted
from the tax roll, resulting in an overpayment.
16. Approved a tax refund to Avanti Health Systems. The 1999 assessed value was deleted
from the tax roll, resulting in an overpayment.
17. NO. 2000-185
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF WESTWOOD AREA
WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2482 – WESTWOOD AREA
WATERLINE AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF
$175,401))
18. NO. R2000-024
A RESOLUTION ENDORSING THE DALLAS FORT WORTH CLEAN CITIES
TECHNICAL COALITION.
19. NO. 2000-186
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MAINTENANCE OF J.D. EDWARDS FINANCIAL SOFTWARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (PO 05292 – J.D. EDWARDS WORLD WIDE SOLUTIONS COMPANY IN
THE AMOUNT OF $68,000)
City of Denton City Council Minutes
June 6, 2000
Page 4
20. NO. 2000-187
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (FILE 2515 – AWARDED TO U.S. FILTER AT $1.85 PER GALLON
ANNUAL ESTIMATE USAGE 28,000 GALLONS OR $51,800)
21. NO. 2000-188
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE INSTALLATION OF UNDERGROUND
UTILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2491 – ANNUAL CONTRACT
FOR ELECTRIC UNDERGROUND SERVICES INSTALLATION AWARDED TO
BARCO CONSTRUCTION, INC. DBA REEVES ENTERPRISES)
22. NO. 2000-189
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE SUPPLY OF WEATHERING STEEL POLES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE. (BID 2497 – STEEL POLES AWARDED TO THOMAS AND
BETTS IN THE AMOUNT OF $221,253)
23. NO. 2000-190
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF 138KV PHASE-OVER-PHASE SWITCH;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2505 – 138 KV PHASE OVER PHASE
SWITCH AWARDED TO THE LOWEST BIDDER, UTILITY SALES AGENT, IN
THE AMOUNT OF $19,740)
24. NO. 2000-191
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS AND SUPPLIES FOR TELEPHONE SYSTEM UPGRADES AS
APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION
THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV)
CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (PO 05302 TO GTE IN THE AMOUNT
OF $272,496.67)
City of Denton City Council Minutes
June 6, 2000
Page 5
25. NO. 2000-192
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN
AUTOMATED PERMITS MANAGEMENT, PROJECT TRACKING AND CODE
ENFORCEMENT SOFTWARE SYSTEM AS APPROVED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (PO 05303 TO CRW IN THE AMOUNT OF $223,050)
26. NO. 2000-193
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS
FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE AREA FIBER
NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
27. NO. R2000-025
A RESOLUTION ALLOWING JON JON’S NIGHTCLUB TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE
JUNETEENTH DANCE ON JUNE 16, 2000, UPON THE CONDITION OF
OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING
GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE
CITY FOR ANY LIABILITY; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR THE CONDITIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
28. NO. R2000-026
A RESOLUTION APPROVING AN INFRASTRUCTURE SALES TAX
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND
ROBSON DENTON DEVELOPMENT, L.P., AN ARIZONA LIMITED
PARTNERSHIP RESPECTING THE CONSTRUCTION OF A WASTEWATER
TREATMENT PLANT; AND DECLARING AN EFFECTIVE DATE.
29. NO. 2000-194
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT FOR
PROFESSIONAL LEGAL SERVICES BETWEEN WOLFE, CLARK, HENDERSON
& TIDWELL AND THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 6, 2000
Page 6
30. NO. 2000-195
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.451 ACRE 19,632 SQUARE FOOT TRACT
OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE
TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH
THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING
LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 AND THE
B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS, AND AN APPROXIMATE 0.1668 ACRE OR 7267.6
SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF
DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY,
ABSTRACT NO. 1288 AND THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN
APPROXIMATE 0.005 ACRE OR 208 SQUARE FEET DRAINAGE EASEMENT IN
THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE
TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS
TOBY SURVEY, ABSTRACT NO. 1288 AND THE B.B.B. & C.R.R. SURVEY,
ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN
EFFECTIVE DATE. (PARCEL 33B, 33BE)
31. NO. 2000-196
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.360 ACRE OR 15,695 SQUARE FOOT
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO.
186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN
APPROXIMATE 0.0455 ACRE OR 1982 SQUARE FOOT AND 0.0668 ACRE OR
2910 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY
OF DENTON, TEXAS BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY,
ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN
EFFECTIVE DATE. (PARCEL 33D)
City of Denton City Council Minutes
June 6, 2000
Page 7
32. NO. 2000-197
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.272 ACRE OR 11,832 SQUARE FOOT
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO.
186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN
APPROXIMATE 0.0993 ACRE OR 4,051 SQUARE FOOT PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR
ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR
U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 33F)
33. NO. 2000-198
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.267 ACRE OR 11,629 SQUARE FOOT
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT
NO. 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN
APPROXIMATE 0.0994 ACRE OR 4,331.78 SQUARE FOOT PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 0.332 OR
14,446 SQUARE FOOT DRAINAGE EASEMENT IN THE NAME OF THE STATE
OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION
COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT
NO. 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN
EFFECTIVE DATE. (PARCEL 33A, 33AE)
City of Denton City Council Minutes
June 6, 2000
Page 8
34. NO. 2000-199
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.010 ACRE OR 452 SQUARE FOOT TRACT
OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE
TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH
THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING
LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR
ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR
U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 37)
PUBLIC HEARINGS
Item #36 was considered.
36. The Council held a public hearing and considered approving a Detailed Plan for Planned
Development 87 (PD-87) zoning district. The approximately 4.3 acre property was located at the
southwest corner of Southridge and Lillian Miller. The intent was to develop a 14-room Bed and
Breakfast facility. The Planning and Zoning Commission recommended approval (6-0) with
conditions. (Z-99-092)
Larry Reichhart, Assistant Director for Planning and Development, stated that the intent of the
proposal was to build a two-story bed and breakfast facility. The supermajority vote by Council
was not required as there was not 20% written opposition to the proposal. Seven conditions were
identified from the Planning and Zoning Commission and were included in the proposed
ordinance.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Rick Moore, 901 Ellison Park Circle, Denton, 76205 – favor
Lucy Warren, 1117 Ellison Park Circle, Denton, 76205 – favor
Jan Bailey, 1408 Lynhurst, Denton, 76205 – opposition
Mary Woodruff, 704 Lafayette, Denton, 76205 - opposition
Andy Gillard, 1600 Lynhurst, Denton, 76205 – opposition
Lynn Thompson, 1520 Hunters Ridge Circle, Denton, 76205 – opposition
Rick Oliver, 1417 Hunters Ridge Circle, Denton, 76205 – opposition
Vickie Hefner, 1504 Hunters Ridge Circle, Denton, 76205 - opposition
The following Speaker Cards were submitted:
City of Denton City Council Minutes
June 6, 2000
Page 9
Clint Ballard, 2401 Stonegate, Denton, 76205 – favor
Hope Baker, 916 Ellison Park Circle, Denton, 76205 – favor
Sandra Faust, 912 Ellison Park Circle, Denton, 76205 – favor
Jack Bomar, Jr., 904 Ellison Park Circle, Denton, 76205 - favor
Fred Hill, 900 Dallas Drive, Denton, 76205 – favor
Kyle Ratcliff, 2409 Stonegate Circle, Denton, 76205 – favor
Karen Waite, 2308 Hollyhill Drive, Denton, 76205 – favor
Carol Ann Ganzer Connors, 919 S. Carroll Blvd., #210, Denton, 76201 – favor
Rob Rayner, 1108 Dallas Drive #310, Denton, 76205 – favor
Gavin Lamb, 27 Wellington Oaks Circle, Denton, 76205 – favor
Barbara Russell, 1324 Heather Lane, Denton, 76201 - favor
Dan Martin, 717 Lafayette Drive, Denton, 76205 – favor
Paul and Jane Hutchison, 1008 Ellison Park Circle, Denton, 76205 - favor
Rebuttal by Moore
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-201
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 93-232 TO PROVIDE FOR A DETAILED PLAN FOR 4.315 ACRES LOCATED
WITHIN THE PLANNED DEVELOPMENT 87 (PD-87) ZONING DISTRICT; THE
SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF
SOUTHRIDGE AND LILLIAN MILLER; 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-
092)
Burroughs motioned, Young seconded to approve the ordinance with Conditions #1-7 from the
Planning and Zoning Commission with the following modifications: use of the outdoor facilities
would be limited to the hours of 8:00 a.m. and 9:00 p.m. on Sundays through Thursdays and
between 8:00 a.m. and 10:00 p.m. on Fridays and Saturdays; the seating capacity of the dining
room would be limited to 36 persons with food service being limited to overnight patrons and
their guests, except reservation only dinner food on Thursday, Friday and Saturday nights for
other than overnight patrons; no food service customers would be seated after 10:00 p.m.; and
tree preservation on the property would be maximized as shown on the detailed plan. On roll
vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Brock “aye”. Motion carried unanimously.
37. The Council held a public hearing and considered approving a Detailed Plan to rezone
from a One-family dwelling (SF-7) zoning district to a Planned Development (PD) zoning
district. The 3.816 acre property was located at 2225 East McKinney Street. A residential/
office mixed-use development was proposed. The Planning and Zoning Commission
recommended approval (6-1) with conditions. (Z-00-005)
City of Denton City Council Minutes
June 6, 2000
Page 10
Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was
to renovate an existing structure for a law office, sidewalks would be installed along the front of
the property and signs would be installed for the law office. The 20% rule was not in effect and
the Planning and Zoning Commission recommended approval with four conditions.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Ann Kelsey, 206 Ridgecrest Circle, Denton, 76205–favor – opposed to condition of fence
Dick Kelsey, 206 Ridgecrest Circle, Denton, 76205–favor–opposed to condition of fence
John Kelsey, 2005 Bowling Green, Denton, 76201 – favor
Larry Collister, 1605 Victoria, Denton, 76201 – favor
James Elliott, 207 West Oak, Denton, 76201 – favor
Pricilla and Melvin Fudge, 312 Mack Drive, Denton - opposition
Eric Janssen, 413 Fox Creek Court, Denton, 76201 – opposition
Willie Hudspeth, 623 Newton, Denton, 76201 – opposition
Rebuttal by Kelsey’s
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-202
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-185) WITH CONDITIONS
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 3.8 ACRES OF LAND LOCATED AT 2225 EAST MCKINNEY
STREET; PROVIDING A DETAILED PLAN ENCOMPASSING APPROXIMATELY
3.8 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE. (Z-00-005)
Kristoferson motioned, Durrance seconded to adopt the ordinance with the recommendations
from staff including land uses, signage and lighting, excluding a fence requirement.
Young motioned to amend the motion to approve the proposal as approved by the Planning and
Zoning Commission. Motion died for lack of a second.
On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”,
and Mayor Brock “aye”. Motion carried with a 5-1 vote.
38. The Council held a public hearing and considered approving an ordinance amending
Chapter 34, Subdivision and Land Regulations of the Code of Ordinances, to amend the
expiration date of Preliminary Plats and General Development Plans. The Planning and Zoning
Commission recommended approval (5-0). (SI-00-09)
City of Denton City Council Minutes
June 6, 2000
Page 11
Larry Reichhart, Assistant Director of Planning and Development, stated that this ordinance
would shorten the expiration date on preliminary plats and provide for an expiration date for
general development plans.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Gene Price, 725 Chisholm Trail, Denton, 76201 - neutral
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-203
AN ORDINANCE AMENDING SECTIONS 34-14 AND 34-17 OF CHAPTER 34 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON TO SHORTEN THE
EXPIRATION DATE FOR PRELIMINARY PLATS AND TO PROVIDE AN
EXPIRATION DATE FOR GENERAL DEVELOPMENT PLANS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
Item #35 was considered.
35. The Council held a public hearing and considered approving a Detailed Plan for
approximately 0.08 acres within Planned Development 172 (PD-172) zoning district. The
property was located on the south end of the corner of Nowlin Road and Nowlin Road. The
intent was to install new facilities at an existing cellular telephone tower site. The Planning and
Zoning Commission recommended approval (7-0) with conditions. (Z-00-007)
Larry Reichhart, Assistant Director for Planning and Development, stated that this proposal was
for a 10x13 equipment shelter. The cellular tower was already in place and this was a request for
a storage shelter. A supermajority vote was required as there was more than 20% opposition
from adjoining property owners. The developer was requesting a change in the types of plants
allowed for the landscaping requirements.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
William Cantran, representing PrimeCo - favor
Gene Price, 725 Chisholm Trail, Denton - reduce amount of landscaping
City of Denton City Council Minutes
June 6, 2000
Page 12
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-200
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 99-257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0.08
ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING
DISTRICT; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE
OF THE INTERSECTION OF NOWLIN ROAD AND NOWLIN ROAD; 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-00-007)
Beasley motioned, Young seconded to adopt the ordinance with the change in condition to be
able to use holly in the living screen. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
39. The Council considered and took action on a Non-residential Project Plan request for a
0.61 acre property at the southeast corner of Teasley Lane (FM 2181) and Interstate 35E. A gas
station/convenience store was proposed. (SP-00-003)
Larry Reichhart, Assistant Director of Planning and Development, stated that the proposal was to
renovate an existing vacant gas station. This was a non-residential project plan that was zoned
general retail. The proposal met the requirements of a project plan. The developer would be
removing one of the pole signs. Staff recommended a monument sign as opposed to the current
pole sign.
Allen Bussel, 1621 Amanda Court, Ponder, 76259 - spoke regarding the issue.
The following resolution was considered:
NO. R2000-027
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR SOUTHRIDGE EXXON, BEING AN
APPROXIMATELY 0.61 ACRE SITE LOCATED A THE SOUTHEAST CORNER OF
INTERSTATE 35E AND TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE
DATE. (SP-00-003)
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
June 6, 2000
Page 13
40. The Council considered and took action on a request for relief from the Non-Residential
±
Interim Regulations, Ordinance 2000-069, for a 4.9 acre property located at 5001 West
University. The proposal was to rezone the property from Agriculture (A) to Light Industrial
(LI), to be consistent with the existing CBS Mechanical operations. (RN-00-26, CBS
Mechanical)
Larry Reichhart, Assistant Director for Planning and Development, stated that this was the
existing site of CBS Mechanical. The proposal was to rezone the property from agriculture to
light industrial to be consistent with the existing use. Under the current regulations, any new
development required a project plan.
The following individuals spoke regarding the issue:
Joe Mulroy, 119 Ridgecrest, Denton, 76207 – favor
Gene Price, 725 Chisholm, Denton, 76201 – favor
Beasley motioned, Burroughs seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock
“aye”. Motion carried unanimously.
41. The Council considered and took action on a request to extend the approval of a Specific
Use Permit (SUP) for a fraternity house located on the southeast corner of W. Oak and Fry
Streets, at 1305 W. Oak Street. The 0.75 acre site was zoned General Retail (GR). The proposal
was to develop a nine (9)-bedroom fraternity house for the Delta Lodge. The SUP was approved
on June 15, 1999 by Ordinance No. 99-208.
Larry Reichhart, Assistant Director for Planning and Development, stated that the request was to
develop a nine-bedroom fraternity house for the Delta Lodge. The specific use permit was
approved on June 15, 1999 and under the current regulations, would expire after a year unless
construction or use was substantially underway.
Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock
“aye”. Motion carried unanimously.
42. The Council considered approval of an ordinance approving an application form for an
applicant for a cable television franchise; setting a non-refundable application free for the costs
of review, issuance, and enforcement of the application; and providing an effective date.
John Cabrales, Public Information Officer, stated that Council considered this item in 1998 but
the applicant did not like the terms of the application at that time. Another potential cable
television franchise applicant had contacted the city and this application form was provided for
council’s consideration.
The following ordinance was considered:
City of Denton City Council Minutes
June 6, 2000
Page 14
NO. 2000-204
AN ORDINANCE APPROVING AN APPLICATION FORM FOR AN APPLICANT
FOR A CABLE TELEVISION FRANCHISE; SETTING A NON-REFUNDABLE
APPLICATION FEE FOR THE COSTS OF REVIEW, ISSUANCE, AND
ENFORCEMENT OF THE APPLICATION; AND PROVIDING AN EFFECTIVE
DATE
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
43. The Council considered adoption of an ordinance of the City of Denton, Texas, providing
for the renaming of Stallion Way to Big Horn Trail; and providing an effective date.
The following ordinance was considered:
NO. 2000-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF STALLION WAY TO BIG HORN TRAIL; AND PROVIDING AN
EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
44. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, replacing a policy for tax abatement for the City of Denton to establish
guidelines and criteria governing tax abatement agreements; and declaring an effective date.
Linda Ratliff, Director of Economic Development, stated changes were made to the document
that was presented to Council at its February 22, 2000 meeting. Some of those changes included
incorporating language that would encourage applicants to utilize minority business enterprises
when contracting for construction, supplies or services; addressing tax abatement incentives for
abandoned buildings; and incorporating language to exclude any and all land valuation from
consideration for abatement.
The following resolution was considered:
NO. R2000-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 6, 2000
Page 15
Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
45. The Council considered adoption of an ordinance authorizing the City Manager to
execute contracts for professional legal services with the law firms of Strasburger & Price, L.L.P.
and the law firm of Bucek and Frank to initiate and prosecute litigation against TXU Electric &
Gas and to perform other legal services in accordance with the contracts for professional legal
services; authorizing the expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 2000-206
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRMS
OF STRASBURGER & PRICE, L.L.P. AND THE LAW FIRM OF BUCEK AND
FRANK TO INITIATE AND PROSECUTE LITIGATION AGAINST TXU ELECTRIC
& GAS AND TO PERFORM OTHER LEGAL SERVICES IN ACCORDANCE WITH
THE CONTRACTS FOR PROFESSIONAL LEGAL SERVICES; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
st
46. The Council considered an appointment to the Transportation Excellence for the 21
Century Committee and authorize related expenses for that appointment.
Beasley motioned, Young seconded to approve the appointment of Jack Miller to the
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Transportation Excellence for the 21 Century Committee. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
47. New Business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Kristoferson requested a health care primmer and an update on
the issues related to health care plan.
B. Council Member Kristoferson requested an update on the telecommunications
ordinance.
C. Council Member Kristoferson requested a work session on land conservation,
easements and trusts.
City of Denton City Council Minutes
June 6, 2000
Page 16
D. Council Member Kristoferson requested an investigation on the possibility of
gated street in Hunters Ridge.
E. Council Member Young asked for a work session discussion on his request to
participate in an APPA trip to China.
48. Items from the City Manager
City Manager Jez did not have any items for Council.
49. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
50. The following official action was taken on Closed Meeting items under Sections
551.071-551.086 of the Texas Open Meetings Act:
Burroughs motioned, Young seconded to approve the Lubbers settlement as discussed in Closed
Session. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Brock “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 10:20 p.m.
______________________________
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS