MInutes June 27, 2000CITY OF DENTON CITY COUNCIL MINUTES
June 27, 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 27, 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,
and Kristoferson
ABSENT: Council Members Durrance and Young
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters –
Under TEX. GOV’T. CODE Section 551.086.
(1) Considered approval of an ordinance providing for, authorizing, and
approving an Agreement By and Between the City of Denton and Andrew
Corporation for Electric Service; determining that said Agreement pertains
to a competitive electric matter; approving the expenditure of funds
therefor; providing an effective date; and discussed, deliberated,
considered, voted, and took final action thereon.
B. Consultation with Attorney – Under TEX. GOV’T. CODE Section 551.071
(1) Discussed and considered strategy and settlement proposal with the City’s
attorneys in litigation styled City of Denton v. Texas Utilities Company, et
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al., Cause No. 2000-60109-393 currently pending in the 393 District
Court of Denton County, and discussed legal issues concerning this
litigation 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.
Work Session of the City of Denton City Council on Tuesday, June 27, 2000 at 6:00 p.m. in the
Council Work Session Room.
1. The Council received a report, held a discussion, and gave staff direction regarding the
establishment of a County Development District and annexation or agreement not to annex
regarding approximately 254 acres generally located west of Sherman Drive approximately
3,600 feet north of Loop 288 in the extraterritorial jurisdiction of the City of Denton.
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Linda Ratliff, Economic Development Director, stated that at the May 23 Council meeting,
Council had requested further information regarding several areas. Those questions were
included in the agenda back-up materials.
Jerry Clark, Director of Engineering and Transportation, presented a preliminary review of the
traffic study done on the proposed development.
Council expressed and discussed concerns regarding the traffic analysis and traffic patterns,
effect on the DISD system, issues dealing with the exemption of taxes, the formation of a county
development district, consideration of annexing the residential portion of the property at this
time, and concerns regarding expansion of the CDD.
City of Denton City Council Minutes
June 27, 2000
Page 2
Consensus of the Council in regards to the development of a CDD was to proceed cautiously
with the proposal and to also continue with the annexation process with a delayed date.
2. The Council held a discussion and gave staff direction regarding information concerning
the City’s health insurance program.
Diana Ortiz, Director of Fiscal Operations, stated that staff was requesting direction from
Council on further information Council was requesting.
Council Member Kristoferson requested a basic health care “primer”.
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Staff indicated that a work session item would be added to the July 25 special call session to
discuss the health care item. Specific information would include specific comparison on self-
insured programs compared to Denton’s plan.
3. The Council received a report and gave direction regarding acceptance of
MasterCard/Visa credit cards.
Diana Ortiz, Director of Fiscal Operations, stated that one objective of the cash management
program would be to speed up the receiving of cash for city services. One way to do this would
be to allow the use of credit cards for payment of city services.
Consensus of the Council was to proceed with the proposal plus consider the use of the web for
payment of services.
4. The Council received a report, held a discussion, and gave staff direction regarding gated
community consideration for the Hunter’s Ridge Subdivision.
Jerry Clark, Director of Engineering and Transportation, stated that the streets at Hunter’s Ridge
were public roadways. It had two access points to Lillian Miller and each would require a gated
entry. A public street could not be gated. The street would have to be abandoned and the
landowners would have to purchase the street at a fair market value. Alternative solutions would
be traffic-calming devices such as road humps. A meeting with the neighborhood would be
scheduled to suggest alternatives to help with the problem.
5. The Council received a report, held a discussion, and gave staff direction regarding the
use of conservation easements, land trusts and other methods to achieve the City’s open space
objectives.
Doug Powell, Director of Planning and Development, stated that Council received information
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on this item at a work session on February 22. An important question to decide was not what
methods to use but rather to what end to apply them. He reviewed six questions for Council
consideration at noted in the agenda materials. Staff was suggesting preparing a proposal to fund
and a schedule to develop an Open Space Plan, including a process to receive public input.
Consensus of Council was to proceed with the staff recommendation.
City of Denton City Council Minutes
June 27, 2000
Page 3
6. The Council received a report, held a discussion, and gave staff direction regarding the
Development Code Rewrite project including, but not limited to, the project schedule and the
role of the Code Committee.
Doug Powell, Director of Planning and Development, stated that at a joint Council/Code
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Committee meeting on July 22, Council directed staff to develop a schedule to conclude their
review of the Development Code. The Committee covered the topics of role of the committee,
work product, schedule of the committee and completion date. The Committee agreed to
complete their review in two months. In order to finalize the schedule staff needed direction on
the Council’s level of involvement in the Development Code review process. Staff and the
consultant intended to prepare a cohesive public schedule, review program and exhibits that
would allow the public to have consistent information, presentation and one code package for
review and comment. An all day work session was suggested to review the completed
Development Code.
Consensus of the Council was to proceed with the schedule with the inclusion of an all day
review following the completion of the Code Committee review.
7. The Council considered appointments to City Council committees.
Jennifer Walters, City Secretary, reviewed the current committees and asked Council for
direction on what committee they would like to serve.
Council provided information on which committee they wanted to serve.
Following the completion of the Work Session, the Council convened into a Special Called Session.
1. The Council considered nominations/appointments to City Boards and Commissions.
Council considered approval of the nominations made at a prior meeting.
Kristoferson motioned, Burroughs seconded to approve the prior nominations. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
Council made additional nominations for future Council consideration as per Attachment A.
2. The Council held a public hearing and considered adoption of an ordinance to amend
ordinance No. 99-254 which authorized the City Manager to enter into a Professional Services
Agreement for planning services to assist the City with the rewrite of the Development Code
with Fregonese Calthorpe & Associates and which creates a 15-member City Council appointed
Development Code Committee; amend this ordinance to change the requirement establishing a
quorum for the City of Denton Development Code Committee; providing an effective date; save
and accept as amended that all other sections of Ordinance No. 99-254 shall remain in full force
and effect.
Doug Powell, Director for Planning and Development, stated that the only change to the previous
ordinance was the number of Committee members needed for a quorum.
City of Denton City Council Minutes
June 27, 2000
Page 4
The following ordinance was considered:
NO. 2000-228
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A
QUORUM TO TRANSACT BUSINESS FOR THE 15 MEMBER DENTON
DEVELOPMENT CODE COMMITTEE; REPEALING CITY ORDINANCES TO THE
EXTENT OF CONFLICT; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Cochran motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried
unanimously. Additional direction was given that John Fregonese would conduct the meetings
and if he were not present, staff would conduct the meeting.
3. The Council considered approving a Project Plan for 1.73 acres located on the east side of
Teasley Lane approximately 700 feet south of Hickory Creek Road. A childcare center of
approximately 14,000 square feet with associated site improvements was proposed. (SP-00-010,
Childrens Lighthouse)
Doug Powell, Director of Planning and Development, stated that the project had been in the system
for some time and due to the limited Council meeting schedule for July, the applicant had requested
an expedited review of this project plan. Staff felt that the proposed development was consistent
with the Denton Plan. However, the project plan had not been reviewed by DRC and a negative
precedent might be established if approved by Council without going through DRC. Powell
reviewed a list of revisions and/or comments associated with the project.
Bill McNabb and Mike Brown spoke regarding the issue.
Kristoferson motioned, Burroughs seconded to approve the project plan with the conditions of a
monument sign and not pole sign, a break in the roof line, including the standard lighting
conditions, details of the fencing would be included in the plan and the fact that this was an
emergency consideration due to the Council’s lack of meetings in July and the circumstances of
the previous moratorium. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “nay”,
Kristoferson “aye”, and Mayor Brock “nay”. Motion failed with a 2-3 vote.
4. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
Burroughs motioned, Beasley seconded to pursue settlement negotiations as discussed in Closed
Session with respect to litigation styled City of Denton vs. Texas Utilities Co., et al. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
With no further business, the meeting was adjourned at 9:50 p.m.
City of Denton City Council Minutes
June 27, 2000
Page 5
____________________________
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS