Minutes August 15, 2000CITY OF DENTON CITY COUNCIL MINUTES
August 15, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, August 15, 2000 at 5:15 p. m. in the Council
Work Session Room.
PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
and Kristoferson
ABSENT:Council Members Durrance and Young
1.The Council considered the following in Closed Meeting:
A.Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV’T. CODE Section 551.086.**
1.Received a presentation and information from Staff pertaining to the
Denton Municipal Electric (“DME”) proposed annual budget for the fiscal
year 2000-2001 and the updated capital improvement plan, as they relate
to DME; consisting of competitive electric and commercial information
respecting the details of the present and future operational and financial
plans and strategies of DME; and discussed, deliberated, considered, and
provided Staff with direction regarding such matters.
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
rd
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.
Regular Meeting of the City of Denton City Council on Tuesday, August 15, 2000 at 6:00 p.m.
in the Council Chambers at City Hall.
PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
and Kristoferson.
ABSENT:Council Members Durrance and Young
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 July 25, August 1, and August 4,
2000.
City of Denton City Council Minutes
August 15, 2000
Page 2
Cochran motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion
carried unanimously
PROCLAMATIONS/PRESENTATIONS
3.Mayor Brock presented the August Yard of the Month Awards:
Alice and Floyd Specht
Alan and Dale Johnson
Homer and Betty Nabors
Luther and Sarah Parker
Barbara Wilhite
Linda and Jim Hook
Peterbilt Motore Company
CITIZEN REPORT
4.The Council received a report from Dessie Goodson regarding public transportation.
Ms. Goodson spoke to the Council regarding the number of buses running on the routes.
5.The Council received a report from Ross Melton, Jr. regarding “LIE-YERS: None so
illiterate as those who will not read.”
Mr. Melton spoke to the Council about issues regarding his lawsuit with the City.
Council Member Durrance arrived at the meeting.
NOISE EXCEPTION
6.The Council considered a request for an Exception to the Noise Ordinance for a Back to
School block party at Texas Woman's University behind Regan Houston Residence Hall on
September 7, 2000, hosted by the Chapter of Delta Sigma Theta Sorority, Inc., at Texas
Woman's University from 10:00 p.m. until Midnight.
Beasley motioned, Burroughs seconded to approve the exception. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “ayeDurrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
”,
Motion carried unanimously.
CONSENT AGENDA
Council Member Durrance requested Item #16 be pulled from the Consent Agenda and
considered under Items for Individual Consideration.
Cochran motioned, Burroughs seconded to approve the Consent Agenda and the accompanying
ordinances with the exception of Item #16. On roll vote, Beasley “aye”, Burroughs “aye”,
City of Denton City Council Minutes
August 15, 2000
Page 3
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
7. NO. 2000-250
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER ONE
TO THE PUBLIC WORKS CONTRACT PROVIDING UPGRADES TO THE 69 KV
LINE FROM SPENCER TO LOCUST, NORTH LAKES SUBSTATION AND
US77/RINEY ROAD INTERSECTION BETWEEN THE CITY OF DENTON AND
GREAT SOUTHWESTERN CONSTRUCTION, INC.; PROVIDING FOR AN
INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN INCREASE
IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PO
00983 TO GREAT SOUTHWESTERN CONSTRUCTION, INC. IN THE AMOUNT
OF $1,393,814.62 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $47,288.63)
8. NO. 2000-251
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF A 138KV TRANSMISSION
FACILITIES UPGRADE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2522 – DENTON
NORTH TO NORTH LAKES 138KV TRANSMISSION LINE UPGRADE AWARDED
TO RED SIMPSON, INC. IN THE AMOUNT OF $543,297.96)
9. NO. 2000-252
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. (PO 07087 TO LOWER
COLORADO RIVER AUTHORITY, PO 07088 TO CENTRAL & SOUTHWEST
SERVICES, INC., PO 07089 TO TEXAS-NEW MEXICO POWER COOP., PO 07090
TO TEXAS MUNICIPAL POWER ASSOCIATION, PO 07091 TO BRAZOS
ELECTRIC POWER COOP., AND PO 07092 TO AUSTIN ENERGY, IN THE TOTAL
AMOUNT OF $411,142.50)
10. NO. 2000-253
AN ORDINANCE APPROVING A COMMERCIAL LEASE CONTRACT BETWEEN
THE CITY OF DENTON AND SCOTT BROWN PROPERTIES, INC., LANDLORD,
MANAGER AND AGENT FOR ASH PROPERTIES RELATING TO THE LEASE OF
OFFICE SPACE AT THE TEXAS BUILDING LOCATED AT 100 W. OAK ST.,
SUITES 101 AND 107, DENTON, TEXAS 76201; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
August 15, 2000
Page 4
11. NO. 2000-254
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH MESA DESIGN GROUP TO
PROVIDE DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT
SERVICES AT NORTH LAKES PARK FOR THE CITY OF DENTON PARKS
DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (PSA 2558 – PROFESSIONAL SERVICES AGREEMENT FOR DESIGN,
CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT THE NORTH
LAKES PARK AWARDED TO MESA DESIGN GROUP IN THE AMOUNT OF
$130,000)
12. NO. 2000-255
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (H-GAC) FOR
THE ACQUISITION OF WHEELED REFUSE CONTAINERS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID/FILE 2540 – PO 07105 TO HGAC/TOTER INC., IN THE AMOUNT OF
$105,224.68)
13. NO. 2000-256
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY OF DECORATIVE STREETLIGHT
FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2542 – DECORATIVE
STREETLIGHT FIXTURES AWARDED TO GENLYTE SALES DALLAS IN THE
ESTIMATED AMOUNT OF $60,000)
14. NO. 2000-257
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY OF CONTROL HOUSES AND
SWITCHGEAR FOR SUBSTATION CONSTRUCTION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2546 – CONTROL HOUSES AND SWITCHGEAR AWARDED TO
POWELL INDUSTRIES IN THE ESTIMATED AMOUNT OF $1,071,000)
15. NO. 2000-258
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF
City of Denton City Council Minutes
August 15, 2000
Page 5
DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT
MAINTENANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXPEND
FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN
EFFECTIVE DATE. (TXDOT PROJECT NO. AM2000DNTON; AND TXDOT CSJ
NO. M018DNTON)
PUBLIC HEARINGS
17.The Council was to continue a public hearing and consider adoption of an ordinance
approving a Zoning Plan, to rezone 3901 Pockrus Page Road from an Agriculture zoning district
to a Planned Development (PD) zoning district. The 20.1 acre property was generally located on
the north side of Pockrus Page Road, east of Interstate 35 East. A single family subdivision with
open spaces was proposed. The Planning and Zoning Commission recommended denial (4-2).
(ZP-00-002, Diamond Ridge Estates)
Doug Powell, Director of Planning and Development, told the Council that the petitioner had
requested that this be withdrawn from consideration.
The following individuals spoke on the issue:
Ed Soph, 1620 Victoria Drive Denton, 76209 - opposed
Allen Bussell, 1621 Amanda Court, Ponder – withdraw the proposal
Cochran motioned, Burroughs seconded to permit the withdrawal of the application. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and
Mayor Brock “aye”. Motion carried unanimously.
18.The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan to rezone approximately 2.4 acres located on the south side of East University Drive
approximately 250 feet west of its intersection with Redwood Drive. The property was currently
zoned One Family Dwelling (SF-7). An Office conditioned (O[c]) zoning district permitting the
construction of a doctor’s office was proposed. The Planning and Zoning Commission
recommended approval (7-0) with conditions. (ZP-00-007, Redwood Medical Office)
Doug Powell, Director for Planning and Development, stated that the applicant wanted to rezone
the property, which was currently zoned One-Family Dwelling (SF-7), to an office conditioned
zoning classification to allow the placement of a general practice doctor’s office. Due to late
submittals, the 20% rule was in effect that would require a supermajority vote by Council.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Allen Bussell, 1621 Amanda Court, Ponder - favor
Robbie McCarty, 1901 Burning Tree Lane, Denton, 76209 - favor
Dr. Stanley Evans, 3025 Broken Bow, Denton, 76209 – favor
Slick Smith, 2100 Redwood Place, Denton, 76209 - favor
Peggy Bruce, 1911 Boyd, Denton, 76209 - opposed
Janice Collins, 2011 Boyd, Denton, 76209 - opposed
City of Denton City Council Minutes
August 15, 2000
Page 6
James Collins, 2011 Boyd, Denton, 76209 – opposed unless conditions were met
Debra Wright, 1513 Creek, Denton, 76209 - opposed
Joe Moore, 1505 Creek, Denton, 76209 – opposed
Charles Miller, 2003 Boyd, Denton, 76209 – opposed unless conditions were met
The following Speaker Cards were submitted:
Howard Kelly, 2008 Boyd, Denton, 76209 - opposed
Frances Prichett, 2109 Boyd, Denton, 76209 - opposed
Kathleen Crippen, Rt. 2, Box 524A, Denton, 76208 - opposed
Jimmy and Teresa Daniel, 2008 Boyd, Denotn, 76209 - opposed
Rebuttal by McCarty
The Mayor closed the public hearing.
After discussion among the Council regarding possible conditions to place on the proposal,
Burroughs motioned, Beasley seconded to reopen the public hearing to see if a consensus of the
neighbors could be reached on two issues. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
Mayor Brock reopened the public hearing.
The following individuals spoke:
James Collins – agreed with the change from medical only to a professional office
building, wanted the 8 foot fence, and 20 foot buffer yard.
Robbie McCarty – suggested placing the fence on the 10 foot line between the 20 foot
bufferyard; was in agreement with the 8 foot fence if that was what the neighbors wanted and
requested the change to professional office building from the limited medical office designation.
Debra Wright – was in favor of the 20 foot buffer with the fence on the 10 foot line going
around trees if needed to preserve them; wanted the 8 foot fence; and was in agreement with the
professional office building.
Robbie McCarty – questioned if the neighbors wanted the bufferyard left in a natural
state or maintained similar to a regular yard.
Consensus of the neighbors was to leave their side of the fence in a natural state.
The Mayor closed the public hearing.
Dave Hill, Assistant City Manager for Development Services, suggested the following
conditions: #1-3 in the ordinance would not change; #4 would change to an 8 foot high fence
around the southern and eastern perimeters; #5 would change the wording to professional
building; #6 would state a 20 foot bufferyard with an 8 foot fence centered in the bufferyard with
the outside of the bufferyard left in a natural state with limited maintenance, except for the
drainage area; #7 would not change; #8 would change the condition to a limited use of
professional offices; and #9 would be the City’s standard lighting condition.
City of Denton City Council Minutes
August 15, 2000
Page 7
The following ordinance was considered:
NO. 2000-259
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO OFFICE WITH CONDITIONS
(O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 2.4 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF
EAST UNIVERSITY DRIVE APPROXIMATELY 250 FEET WEST OF ITS
INTERSECTION WITH REDWOOD DRIVE; PROVIDING FOR THE APPROVAL
OF A ZONING PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (ZP-00-007)
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
19.The Council held a public hearing and considered adoption of an ordinance to rezone 3.9
acres from an Agricultural zoning district to a Light Industrial zoning district. The property was
located at 5001 West University Drive. The proposal was to rezone the property to correspond
with the existing land use. A request for relief from the Interim Nonresidential Standards for this
property was approved by City Council on June 6, 2000. The Planning and Zoning Commission
recommended approval (7-0). (Z-00-010)
Doug Powell, Director of Planning and Development, stated that the applicant requested to
rezone the property from agricultural zoning to light industrial zoning. The existing land uses of
the property and adjacent property were compatible with the proposed zoning. No new
development was proposed and the zoning request was not subject to the Interim Regulations.
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. 2000-260
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL WITH
CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR APPROXIMATELY 3.9 ACRES OF LAND LOCATED AT 5001 WEST
UNIVERSITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,00.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z-00-010)
City of Denton City Council Minutes
August 15, 2000
Page 8
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Mayor Brock “aye”.
Motion carried unanimously.
20.The Council held a public hearing and consider adoption of an ordinance amending
Chapter 35, Zoning, of the Code of Ordinances, to add Article XI, Denton Telecommunications
Zoning Regulations, providing regulations governing the location of telecommunication towers
and antennas. The Planning and Zoning Commission recommended approval (5-0) with
comments. (SI-00-17, Telecommunications Zoning Rgulations)
Doug Powell, Director of Planning and Development, stated that Council had reviewed this item
at several meeting. The City’s current regulations were written for older technology and did not
adequately respond to the new age of wireless telecommunication services. There were two
major components of the standards that dealt with towers and antenna standards.
The Mayor opened the public hearing.
No one spoke during the public hearing.
Durrance motioned, Beasley seconded to postpone consideration to allow Council to further
discuss the ordinance in a work session and to continue the public hearing when placed back on a
Council agenda.
After discussion regarding the need to have some type of regulations in place due to the
increased requests for towers and antennas in the City, Durrance withdrew his motion.
The following ordinance was considered:
NO. 2000-261
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35
“ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY
ADDING AN ARTICLE XI ENTITLED “DENTON TELECOMMUNICATIONS
ZONING REGULATIONS”; PROVIDING FOR REGULATIONS GOVERNING THE
LOCATION OF TELECOMMUNICATION TOWERS AND ANTENNAS;
PROVIDING CONDITIONS FOR PERMITTED USES; PROVIDING FOR SPECIAL
USE PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING A CRIMINAL
PENALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT TO EXCEED
$1,000 FOR VIOLATIONS THEREOF; PROVIDING A REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Beasley motioned, Cochran seconded to adopt the ordinance with the following changes: a
security fence would be required; the billboard provision would be removed; and towers located
in the Central Business District would require a specific use permit. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
August 15, 2000
Page 9
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #16 was considered from the Consent Agenda.
Council Member Durrance felt that he could not vote for this budget as the District had not
adequately answered his concerns.
16.The Council considered approval of a resolution of the City of Denton, Texas approving
the 2000-2001 budget of the Denton Central Appraisal District; and declaring an effective date.
The following resolution was considered:
NO. R2000-041
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 2000-2001
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried with a 5-1 vote.
21.The Council considered adoption of an ordinance to correct an inadvertent error in
Ordinance No. 99-203 which is an ordinance annexing into the City of Denton certain real
property located on the east side of Interstate Highway 35W, north of Crawford Road, and west
of U.S. Highway 377. Said error being an inadvertent error in the description of the property
being annexed which should have been approximately 472 acres instead of approximately 1055
acres. (A-82, Huffines Tract)
Doug Powell, Director of Planning and Development, stated that Ordinance No. 99-203
incorrectly annexed 1025 acres of land instead of the 472 acre tract that was intended to be
annexed. This ordinance would remove the property that was not to have been annexed.
The following ordinance was considered:
NO. 2000-262
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO.
99-203 WHICH IS AN ORDINANCE ANNEXING INTO THE CITY OF DENTON
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF INTERSTATE
HIGHWAY 35W, NORTH OF CRAWFORD ROAD, AND WEST OF U.S. HIGHWAY
377 IN DENTON COUNTY, TEXAS, SAID ERROR BEING AN INADVERTENT
ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ANNEXED WHICH
SHOULD HAVE BEEN APPROXIMATELY 472 ACRES INSTEAD OF
APPROXIMATELY 1025 ACRES, MAKING SUCH CORRECTION RETROACTIVE
TO JUNE 15, 1999, BEING THE DATE OF PASSAGE OF ORDINANCE NO. 99-203;
DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO INFORM THE
City of Denton City Council Minutes
August 15, 2000
Page 10
DENTON COUNTY APPRAISAL DISTRICT AND AFFECTED TAXING
AUTHORITIES OF THIS ERROR AND THE CORRECTIONS MADE BY THIS
ORDINANCE AND REQUESTING THAT THE APPRAISAL DISTRICT AND
AFFECTING TAXING AUTHORITIES MAKE SUCH ADJUSTMENT IN TAXES
RESULTING FROM THIS CORRECTION, AS MAY BE PERMITTED BY LAW;
PROVIDING AN EFFECTIVE DATE. (A-82)
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
22.The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-046, for a 31.4 acre parcel north of Audra Lane and west of
Mockingbird. The property was in a Planned Development (PD-127) zoning district. An
amended Detailed Plan was proposed reducing the total number of single-family residential lots
from 136 to 127. (RR-00-017, Bellaire North Addition)
Doug Powell, Director for Planning and Development, stated that the petitioner had submitted an
amended detailed plan that would reduce the total number of single-family residential lots. A
request for relief was being asked for as the interim ordinance would add additional expense to
the project.
Pat Atkins spoke on the issue.
Burroughs motioned, Beasley seconded to grant the relief request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried with a 5-1 vote.
23.The Council considered and took action on an exaction variance from Section 34-111(1)
of the Code of Ordinance, concerning street classifications for Regency Oaks, Phase 2. The
10.28 acre site was located south of Hobson Road and east of Country Club Drive. The property
was in a SF-10 conditioned zoning district. Single family development was proposed. (V-00-
001, Regency Oaks Phase 2)
Doug Powell, Director for Planning and Development, stated that the applicant has requested a
variance concerning street classification for an estate section street. The subdivision would have
access to an existing 24 foot wide estate section street without curb and gutter. The Subdivision
Regulations required the applicant to upgrade the existing estate section street up to local street
standards. The improvements would include widening the street and adding curb and gutter.
The developer was proposing no improvements to the existing estate section street. Staff was
recommending approval of a partial variance from the street classification for an estate section
street by requiring curb and gutter to both sides of the existing estate section street. That would
require the addition of inlets and possibly storm sewer, and the modification and regrading
behind the curbs. It was also recommended by staff that the existing cul-de-sac bulb be
removed.
City of Denton City Council Minutes
August 15, 2000
Page 11
The following individuals spoke regarding the issue:
Everett Newland - favor
Gene Price - favor
Beasley motioned, Cochran to deny the request for relief. On roll vote, Beasley “aye”,
Burroughs “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried with a 5-1 vote.
24.The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for a 1.63 acre parcel located on the east side of
Bonnie Brae, approximately 800 feet south of University Drive. The property was in a Planned
Development (PD-144) zoning district. An amended Detailed Plan was proposed to allow a non-
medical office building on the site. (RN-00-027, Bonnie Brae Medical Office Complex)
Doug Powell, Director of Planning and Development, stated that the applicant was requesting
relief in order to proceed with an amended detailed plan to allow a non-medical use within the
existing Planned Development.
Cochran motioned to deny. Motion died for lack of a second.
Burroughs motioned, Beasley seconded to approve the request for relief. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock
“aye”. Motion carried with a 5-1 vote.
25.The Council considered approval of a resolution supporting the Major Investment Study
for Interstate 35-E from State Highway 121 north to the City of Denton being conducted by the
Texas Department of Transportation, and encouraging Texas Department of Transportation
officials to consider any means possible that will expedite the schematic development phase of
this program to a completion date no later, and preferably sooner than December, 2001.
The following resolution was considered:
NO. R2000-042
A RESOLUTION SUPPORTING THE MAJOR INVESTMENT STUDY FOR
INTERSTATE 35-E FROM STATE HIGHWAY 121 NORTH TO THE CITY OF
DENTON BEING CONDUCTED BY THE TEXAS DEPARTMENT OF
TRANSPORTATION, AND ENCOURAGING TEXAS DEPARTMENT OF
TRANSPORTATION OFFICIALS TO CONSIDER ANY MEANS POSSIBLE THAT
WILL EXPEDITE THE SCHEMATIC DEVELOPMENT PHASE OF THIS PROGRAM
TO A COMPLETION DATE NO LATER, AND PREFERABLY SOONER THAN
DECEMBER, 2001
Kristoferson motioned, Durrance seconded to approve the resolution. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
August 15, 2000
Page 12
26.The Council considered adoption of an ordinance vacating a utility easement affecting the
southern boundaries of Block 3, Lots 1-13 of Hannah Estates, an addition to the City of Denton,
Texas, according to the plat thereof; recorded in Cabinet C, Page 381 of the plat records of
Denton County, Texas and providing for an effective date.
The following ordinance was considered:
NO. 2000-263
AN ORDINANCE VACATING A UTILITY EASEMENT AFFECTING THE
SOUTHERN BOUNDARIES OF BLOCK 3, LOTS 1-13 OF HANNAH ESTATES, AN
ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT
THEREOF; RECORDED IN CABINET C, PAGE 381 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE
Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
27.The Council considered adoption of an ordinance approving a pipeline crossing contract
between the City of Denton and the Kansas City Southern Railway Company relating to the
location of a city water pipeline within railroad right-of-way located immediately east of said
railroad right of way’s intersection with U.S. Highway 377 within the City of Denton, Texas;
authorizing the expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 2000-264
AN ORDINANCE APPROVING A PIPELINE CROSSING CONTRACT BETWEEN
THE CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILWAY
COMPANY RELATING TO THE LOCATION OF A CITY WATER PIPELINE
WITHIN RAILROAD RIGHT-OF-WAY LOCATED IMMEDIATELY EAST OF SAID
RAILROAD RIGHT OF WAY’S INTERSECTION WITH U.S. HIGHWAY 377
WITHIN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
28.The Council considered adoption of an ordinance of the City of Denton approving a
license agreement between the City of Denton and the Texas Municipal Power Agency (TMPA)
relating to the location of a city water pipeline within a TMPA utility easement described in that
certain easement recorded in Volume 1141, Pages 128-131 of the deed records of Denton
County, Texas near where said easement intersects with U.S. Highway 377 within the City of
Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date.
City of Denton City Council Minutes
August 15, 2000
Page 13
The following ordinance was considered:
NO. 2000-265
AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL
POWER AGENCY (TMPA) RELATING TO THE LOCATION OF A CITY WATER
PIPELINE WITHIN A TMPA UTILITY EASEMENT DESCRIBED IN THAT
CERTAIN EASEMENT RECORDED IN VOLUME 1141, PAGES 128-131 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID
EASEMENT INTERSECTS WITH U.S. HIGHWAY 377 WITHIN THE CITY OF
DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
29.The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and William L. Abernathy Charitable Lead Trust, relating to the
purchase of approximately 0.0258 acres of land for the expansion of U.S. Highway 77 (Parcel
62); authorizing the expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 2000-266
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND WILLIAM L. ABERNATHY CHARITABLE LEAD
TRUST, RELATING TO THE PURCHASE OF APPROXIMATELY 0.0258 ACRES
OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 62);
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; 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”, and Mayor Brock “aye”.
Motion carried unanimously.
30.The Council considered adoption of an ordinance declaring a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of an approximate
0.1895 acre permanent public utility easement and an approximate 0.2595 acre temporary
construction easement both located in the B.B.B. & C.R.R. Co. Survey, Abstract No. 196 and in
the J.W. Withers Survey, Abstract No. 1343, 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
utilities along F.M. Highway 1830; and declaring an effective date.
City of Denton City Council Minutes
August 15, 2000
Page 14
The following ordinance was considered:
NO. 2000-267
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND WILLIAM L. ABERNATHY CHARITABLE LEAD
TRUST, RELATING TO THE PURCHASE OF APPROXIMATELY 0.0258 ACRES
OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 62);
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE
Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
31.The Council considered an ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an approximate 1.599 acre
permanent public utility easement and an approximate 2.328 acre temporary construction
easement both located in the W. Roark Survey, Abstract No. 1087 and in the J. Severe Survey,
Abstract No. 1184, 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 utilities along U.S. Highway 377; and
declaring an effective date.
The following ordinance was considered:
NO. 2000-268
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 1.599 ACRE PERMANENT PUBLIC UTILITY
EASEMENT AND AN APPROXIMATE 2.328 ACRE TEMPORARY
CONSTRUCTION EASEMENT BOTH LOCATED IN THE W. ROARK SURVEY,
ABSTRACT NO. 1087 AND IN THE J. SEVERE SURVEY, ABSTRACT NO. 1184,
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 UTILITIES ALONG U.S. HIGHWAY
377; AND DECLARING AN EFFECTIVE DATE.
Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
August 15, 2000
Page 15
32.This item was pulled from consideration.
33.The Council considered adoption of an ordinance of the City of Denton, Texas approving
and authorizing the City Manager to execute a Professional Services Agreement with SIGCORP
Communication Services, Inc for consulting services pertaining to the preparation of an
independent feasibility evaluation respecting telecommunications, dark fiber, and bandwidth
issues for Denton Municipal Electric; authorizing the expenditure of funds therefore; and
providing an effective date.
The following ordinance was considered:
NO. 2000-269
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH SIGCORP COMMUNICATION SERVICES, INC
FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN
INDEPENDENT FEASIBILITY EVALUATION RESPECTING
TELECOMMUNICATIONS, DARK FIBER, AND BANDWIDTH ISSUES FOR
DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “ayeDurrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
”,
Motion carried unanimously.
34.The Council considered adoption of an ordinance of the City of Denton, Texas approving
an amendment to the existing interim wastewater treatment services contract between the City of
Denton, Texas and the Upper Trinity Regional Water District heretofore executed on November
20, 1990, extending the term thereof for an additional six month period; authorizing the City
Manager to execute said amendment; providing for retroactive effect of said amendment; and
providing an effective date.
The following ordinance was considered:
NO. 2000-270
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT
SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE
UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON
NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL
SIX MONTH PERIOD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AMENDMENT; PROVIDING FOR RETROACTIVE EFFECT OF SAID
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 15, 2000
Page 16
Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
35.The Council considered adoption of an ordinance of the City of Denton, Texas approving
a Tower Lease Agreement for the attachment of personal communications services transmitting
and receiving equipment on the Bronco Water Tower and the McKenna Park Radio Tower
owned by the City, by and between the City of Denton and Cook Inlet/VoiceStream PCS, L.L.C.;
and providing an effective date.
The following ordinance was considered:
NO. 2000-271
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER
LEASE AGREEMENT FOR THE ATTACHMENT OF PERSONAL
COMMUNICATIONS SERVICES TRANSMITTING AND RECEIVING
EQUIPMENT ON THE BRONCO WATER TOWER AND THE MCKENNA PARK
RADIO TOWER OWNED BY THE CITY, BY AND BETWEEN THE CITY OF
DENTON AND COOK INLET/VOICESTREAM PCS, L.L.C.; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
36.The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to execute a Pole Attachment Agreement between the City of
Denton, Texas and Metricom, Inc.; authorizing the expenditure of funds therefore and the
collection of rents therefrom; and providing an effective date.
The following ordinance was considered:
NO. 2000-272
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A POLE ATTACHMENT AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND METRICOM, INC.; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE AND THE COLLECTION OF RENTS
THEREFROM; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
37.The Council considered approval of a resolution of the City Council of the City of
Denton, Texas placing a proposal on the September 5, 2000 City Council Public meeting Agenda
to adopt a 2000 tax rate that will exceed the lower of the rollback rate or 103 percent of the
City of Denton City Council Minutes
August 15, 2000
Page 17
effective tax rate; calling a public hearing on a tax increase to be held on August 29, 2000;
requiring publication of a Notice of Public Hearing on a tax increase in accordance with the law;
and providing an effective date.
The following resolution was considered:
NO. R2000-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PLACING A PROPOSAL ON THE SEPTEMBER 5, 2000 CITY COUNCIL PUBLIC
MEETING AGENDA TO ADOPT A 2000 TAX RATE THAT WILL EXCEED THE
LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX
RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON
AUGUST 29, 2000; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC
HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; 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”, and Mayor Brock “aye”.
Motion carried unanimously.
38.The Council received a report, held a discussion, and gave staff direction regarding the
2000-2001 operating budget and the 2001-2005 Capital Improvement Program.
Kathy DuBose, Assistant City Manager for Finance and Municipal Services, asked for direction
from Council on the solid waste issues.
Kristoferson motioned, Beasley seconded to proceed with Option #2. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock
“aye”. Motion carried unanimously.
39.The Council considered adoption of an ordinance authorizing the City Manager to enter
into a Professional Services Agreement with Diversified Utility Consultants, Inc. to provide
testimony as expert witnesses and related consulting services in the City of Denton vs. Texas
Utilities Company, et al, litigation authorizing the funds therefore; providing retroactive effect;
and providing an effective date.
The following ordinance was considered:
NO. 2000-273
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY
CONSULTANTS, INC. TO PROVIDE TESTIMONY AS EXPERT WITNESSES AND
RELATED CONSULTING SERVICES IN THE CITY OF DENTON VS. TEXAS
UTILITIES COMPANY, ET AL, LITIGATION AUTHORIZING THE FUNDS
THEREFORE; PROVIDING RETROACTIVE EFFECT; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
August 15, 2000
Page 18
Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
40.The Council considered nominations/appointments to the City’s Boards and
Commissions.
There were no nominations/appointments made at this meeting.
41.New Business
There were no items of New Business suggested by Council Members for future agendas.
42.Items from the City Manager
City Manager Jez did not have any items for Council.
43.There was no continuation of Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
44.There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 12:10 a.m.
____________________________
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS