Minutes October 17, 2000CITY OF DENTON CITY COUNCIL MINUTES
October 17, 2000
913
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, October 17, 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. The Council considered the following in Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ....
Under TEX. GOV'T. CODE Section 551.086.**
Bo
(1) Received competitive electric and commercial information from
Staff, discussed, deliberated, and considered final action and approval of
an Agreement by and between the City of Denton and the Denton Garland
Greenville Power Pool ("DGG") regarding the acquisition of forty (40)
megawatts of electric capacity and energy for the calendar year 2001; and
receive competitive electric and commercial information from Staff
regarding relevant electric transmission constraints, contingencies, factors,
and risks associated with the purchase of such electric capacity and
energy.
Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section
551.072.
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 real property easement interests, comprising six parcels as
follows: 0.544 acre, 0.851 acre, 1.090 acre, 1.045 acre, 0.216 acre, 0.648
acre, all tracts being situated near the intersection of Argyle Lane and
Brush Creek Road within the F. Daugherty Survey, Abstract No. 348, in
Denton County, Texas; which acquisitions are for a public purpose;
(Graveyard Branch Sanitary Sewer Project)
Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section
551.072.
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 1.44 acre tract being situated near the intersection of Mayhill
Road and Edwards within the G. Walker Survey, Abstract No. 1330, in
Denton County, Texas; which acquisition is for a public purpose.
(Landfill Project)
City of Denton City Council Minutes
October 17, 2000
Page 2
Do
Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section
551.072.
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 real property easement interests, comprising seven parcels as
follows: 0.7238 acre, 0.4289 acre, and 0.5653 acre in the D. Lambert
Survey, Abstract No. 784 and 1.891 acre, 0.1806 acre, 0.3029 acre, and
0.0526 acre being situated within the G. Walker Survey, Abstract No.
1330, all in Denton County, Texas; which acquisitions are for a public
purpose. (Colorado/Mayhill/Edwards Realign Project)
E. Consultation with Attorney - Under TEX. GOVT. CODE Section 551.071.
Considered and discussed possible settlement of potential litigation
concerning two signboards north of the intersection of Loop 288 and
Colorado Boulevard, within the right-of-way of the Denton Branch
Rail Trail, and consult with attorneys on a matter in which the ethical
duties of the attorneys under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly require such a
consultation to be closed to the public under the circumstances
presented.
Discussed and considered adoption of an ordinance authorizing
settlement of litigation styled City of Denton v. Shady Shores Joint
Venture, Cause No. ED-00-00482, pending in the Probate Court of
Denton County, Texas, and authorizing execution of a settlement
agreement and joint mutual release, as well as an agreed order of
dismissal and an agreed judgment, in a form to be approved by the
City Attorney or his designate, and authorizing the Mayor or City
Manager to execute such documents on the City's behalf.
Regular Meeting of the City of Denton City Council on Tuesday, October 17, 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.
City of Denton City Council Minutes
October 17, 2000
Page 3
2. The Council considered approval of the minutes of September 12, September 15, and
September 26, 2000.
Beasley motioned, Durrance seconded to adopt 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
Mayor Brock presented October Yard-of-the-Month Awards to:
Lois Murray
Frank and Kathy Massey
Virgil and Gayle Strange
Gables Townhome
Ryan and Candice Teichelman
Lovie Price
LouAnn Bradley
Mayor Brock presented the following proclamations
a. Troy LaGrone
b. Adopt-A-Spot Month/Make A Difference Day
c. Undoing Racism Day
CITIZEN REPORTS
5. The Council received a report from Danielle Pierce regarding recycling.
Ms. Pierce requested that the City reconsider its decision to not recycle plastics. She represented
the Sierra Student Coalition at the University of North Texas. Her group had sponsored plastic
recycling for a year at a local Denton store but could no longer participate and she requested that
the City continue to do so.
6. The Council received a report from Mildred Hawk regarding bridges.
Ms. Hawk requested that the City again consider the use of some of the County's historical
bridges.
7. The Council received a report from David Evers Tripp regarding McKamy-Evers
development on Locust.
Ceila Reed spoke for Mr. Tripp. She stated that they were having a problem with their
development regarding a drainage problem. It was their position that the property was not in the
100 year flood plain but the City was requesting that the flood plain be determined by them
before they could submit their preliminary plat. She requested that the City determine the flood
plain or delay that request until the submission of the final plat. She requested that the City help
them with this matter.
915
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City of Denton City Council Minutes
October 17, 2000
Page 4
CONSENT AGENDA
Burroughs motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances and resolution.
8. NO. 2000-372
10.
11.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO
THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF DENTON
BRANCH RAIL TRAIL BETWEEN THE CITY OF DENTON AND TEXAS
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR THE INCREASE IN
THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND
PROVIDING AN EFFECTIVE DATE (ORDINANCE 95-227 - CONSTRUCTION OF
DENTON RAIL TRAIL, 20% OF PROJECTED COST ($435,000) $87,000 PLUS
PURCHASE ORDER 10492 FOR CHANGE ORDER 1 IN THE AMOUNT OF
$70,894.49)
NO. 2000-373
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF AMARILLO STREET
SIDEWALK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2560 - AMARILLO STREET
SIDEWALK AWARDED TO SENECA CONTRACTING, IN THE AMOUNT OF
$22,237)
NO. 2000-374
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF GRAVEYARD BRANCH
INTERCEPTOR SANITARY SEWER MAIN; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2571 - GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER
MAIN AWARDED TO S.J. LOUIS CONSTRUCTION OF TEXAS LTD. L.L.P., IN
THE AMOUNT OF $2,302,537.22)
NO. 2000-375
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (FILE 2574 - INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH
TARRANT COUNTY INTERLOCAL AGREEMENT AWARDED TO FIVE STAR
FORD IN THE AMOUNT OF $223,140)
City of Denton City Council Minutes
October 17, 2000
Page 5
917
12.
NO. 2000-376
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS SUPPLIES OR SERVICES NECESSARY FOR THE MAINTENANCE
OF SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL
SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES
(DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10008 TO TEXAS
DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT OF
$39,146.66)
13.
NO. 2000-377
AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF
AN IFRAME HARDWARE COMPONENT AND INTEGRATED SERVEl?,.
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 (PURCHASE
ORDER 10009 TO INTELLIWARE SYSTEMS, INC. IN THE AMOUNT OF $47,832
FOR PAYMENT 1 OF 3 TOTAL EXPENDITURE OF $143,496)
14.
NO. 2000-378
AN ORDINANCE PROVIDING OF THE EXPENDITURE OF FUNDS FOR
PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF
PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE
(PURCHASE ORDER 10188 TO FRANKLIN COVEY IN THE AMOUNT OF
$44,917)
15.
NO. 2000-379
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON
FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES
AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDERS 10189 TO CENTRAL AND SOUTH WEST SERVICES, INC., 10190 TO
TXU ELECTRIC-TRANSMISSION DIVISION, 10191 TO LOWER COLORADO
RIVER, IN THE TOTAL AMOUNT OF $185,645.75)
16
NO. R2000-055
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED
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City of Deuton City Council Minutes
October 17, 2000
Page 6
EARNINGS OF THE MOTOR
OBLIGATION FOR PURCHASE
EFFECTIVE DATE.
POOL FUND WITH CERTIFICATES OF
OF EQUIPMENT; AND PROVIDING AN
17.
NO. R2000-056
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE
OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT
PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS
RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE.
18.
NO. R200-057
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE
OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT
PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS
RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE.
19.
NO. 2000-380
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DAVID C.
MARTINO FOR OFFICE SPACE FOR THE CITY OF DENTON MAIN STREET
DEPARTMENT LOCATED AT 100 NORTH LOCUST, SUITE 2; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
20.
NO. R2000-058
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE
ELIGIBILITY OF THE STRUCTURE LOCATED AT 114-116 N. LOCUST/115-117 N.
AUSTIN, DENTON, TEXAS, FOR TAX EXEMPTION FOR HISTORICALLY
SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND
DECLARING AN EFFECTIVE DATE.
21. Adopted an ordinance and approved an Interlocal Ambulance Agreement between the
City of Denton and the following cities:
A. City of Argyle
B. City of Krum
C. City of Ponder
D. City of Sanger
Ordinance No. 2000-381
Ordinance No. 2000-382
Ordinance No. 2000-383
Ordinance No. 2000-384
City of Denton City Council Minutes
October 17, 2000
Page 7
22.
NO. 2000-385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE
TERMS OF SAID CONTRACT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO
THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
23.
NO. 2000-386
AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A
FINANCIAL ADVISORY AGREEMENT BETWEEN THE CITY OF DENTON AND
FIRST SOUTHWEST COMPANY; AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE,;
AND PROVIDING FOR AN EFFECTIVE DATE.
24.
NO. 2000-387
AN ORDINANCE APPROVING A BOND COUNSEL CONTRACT BETWEEN THE
CITY OF DENTON AND MCCALL, PARKHURST & HORTON, L.L.P.;
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
25.
NO. 2000-388
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN AGREEMENT WITH DOGGETT ENTERPRISES, INC. FOR THE
DENTON FRIDAY NIGHT PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
(PARKS AND RECREATION BOARD RECOMMENDS APPROVAL 6-0.)
26.
NO. 2000-389
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND
DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES
PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
27.
NO. 2000-390
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
FREESE AND NICHOLS, INC. FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO. 1
919
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City of Denton City Council Minutes
October 17, 2000
Page 8
CONSTRUCTION PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
28.
NO. 2000-391
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
TEAGUE, NALL AND PERKINS, INC. FOR ENGINEERING AND SURVEYING
SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
29.
NO. 2O00-392
AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY
OF DENTON V. SHADY SHORES 1-35 JOINT VENTURE, CAUSE NO. ED-00-00482,
CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY,
TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO
ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS
NECESSARY TO EFFECT SUCH SETTLEMENT, AND TO TAKE SUCH OTHER
ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND
RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATE.
PUBLIC HEARINGS
30. The Council held a public hearing and considered approving a Zoning Plan at 1207 and
1213 Wilson Street from a Single Family (SF-7) zoning district to a Planned Developmem (PD)
zoning district. The 1.8-acre property was generally located on the northwest comer of Wilson
and Ruddell Streets. Office uses for several non-profit agencies were proposed. The Planning
and Zoning Commission recommended approval (6-1) with conditions. (ZP-00-012, Denton
Housing Authority)
Doug Powell, Director for Planning and Development, stated that the property was currently
vacant and was zoned single family. The proposal was to rezone the property to allow the
Denton Housing Authority to build a two story office building for use by several non-profit
agencies.
The Mayor opened the public hearing.
The following individuals spoke
Richard Franco, Director of Denton Housing Authority - favor
Sherry McDade, Deputy Director of Denton Housing Authority - favor
Kenneth Davis, Pastor at St. Andrew Church of God in Christ - favor
Martha Guerrara, 304 Mack Drive, Denton, 76205 - favor
Collette Johnson, 327 Ruth Street, Denton, 76205 - opposed
The Mayor closed the public hearing.
City of Denton City Council Minutes
October 17, 2000
Page 9
92 1
The following ordinance was considered:
NO. 2000~393
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR 1.8 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7)
ZONING DISTRICT; TO CHANGE TO A PLANNED DEVELOPMENT (PD)
DISTRICT TO ALLOW FOR OFFICE USES; THE SUBJECT PROPERTY BEING
LOCATED AT THE NORTHWEST CORNER OF RUDDELL STREET AND
WILSON STREET; 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. (ZP-00-012)
Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
31. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an electric distribution system maintenance and
operation agreement by and between the City of Denton, Texas and the City of Sanger, Texas,
wherein Denton Municipal Electric shall provide services to the City of Sanger relating to the
maintenance and operation of its electric distribution system; providing for the expenditure of
funds thereunder; providing for retroactive effect of the agreement; and providing an effective
date.
The following ordinance was considered:
NO. 2000-394
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM
MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE CITY
OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN DENTON
MUNICIPAL ELECTRIC SHALL PROVIDE SERVICES TO THE CITY OF SANGER
RELATING TO THE MAINTENANCE AND OPERATION OF ITS ELECTRIC
DISTRIBUTION SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREUNDER; PROVIDING FOR RETROACTIVE EFFECT OF THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Beasley 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.
Council considered Items #32-41 with one motion.
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City of Denton City Council Minutes
October 17, 2000
Page 10
Kristoferson motioned, Durrance seconded to adopt the ordinances for Items #32-41. On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young
"aye", and Mayor Brock "aye". Motion carried unanimously.
32. NO. 2000-395
AN ORDINANCE OF THE CITY OF DENTON APPROVING A REAL ESTATE
CONTRACT BETWEEN THE CITY OF DENTON AND WARREN A. SEARLS AND
BARBARA SEARLS FOR THE PURCHASE OF A PARCEL OR TRACT OF LAND
CONTAINING APPROXIMATELY 0.008 ACRE OR 359 SQUARE FEET OF LAND
SITUATED IN THE N. H. MEISENHEIMER SURVEY, ABSTRACT 811 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS, FOR USE AS STREET RIGHT-
OF-WAY FOR U.S. HIGHWAY 77, WITH FEE SIMPLE TITLE VESTING IN THE
STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS
TRANSPORTATION COMMISSION, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
33.
NO. 2000-396
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND W. H. BOTTOMS, RELATING TO THE PURCHASE OF
APPROXIMATELY 0.046 ACRE OF LAND BEING LOCATED IN THE N. H.
MEISENHEIMER SURVEY, ABSTRACT NO. 810 OF DENTON COUNTY, TEXAS
FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE
OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
34.
NO. 2000-397
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ORAN REAVES, JR. AND RITA REAVES, RELATING TO
THE PURCHASE OF APPROXIMATELY 0.010 ACRE OF LAND BEING LOCATED
IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 OF DENTON COUNTY,
TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
35.
NO. 2000-398
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.144 ACRE OR 6,253 SQUARE FEET
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 N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
City of Denton City Council Minutes
October 17, 2000
Page 11
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCtt
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 16)
36.
NO. 2000-399
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.103 ACRE OR 4,473 SQUARE FEET
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 SAIl)
PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 810 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 ACQUIP4E
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN
EFFECTIVE DATE.
37.
NO. 2000-400
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.026 ACRE OR 1,141 SQUARE FEET
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 N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS;
AND AN APPROXIMATE 0.056 ACRE OR 2,425 SQUARE FEET PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN N. H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 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 REFUSEr),
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 31)
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City of Denton City Council Minutes
October 17, 2000
Page 12
38.
39.
40.
NO. 2000-401
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.055 ACRE OR 2,413 SQUARE FEET
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE 1N THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AND AN APPROXIMATE 0.0414 ACRE OR 1,803 SQUARE FEET PUBLIC
UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN N. H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 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 27)
NO. 2000-402
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.421 ACRE OR 18,331 SQUARE FEET
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 0.1717 ACRE OR 7,479 SQUARE FEET PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN 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 36)
NO. 2000-403
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.574 ACRE OR 25,020 SQUARE FEET
City of Denton City Council Minutes
October 17, 2000
Page 13
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 SAIl)
PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 8t0 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 ACQUIRIi
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN
EFFECTIVE DATE. (PARCEL 15)
41.
NO. 2000-404
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND CLYDE MILTON MARTIN, RELATING TO THE
PURCHASE OF APPROXIMATELY 0.360 ACRE OF LAND BEING LOCATED IN
THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 OF DENTON COUNTY,
TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
42. The Council considered waiving the fees for Denton Housing Authority for a Zoning
Plan, Project Plan, Preliminary Plat, and Final Plat for proposed development at 1207 and 1213
Wilson Street. The 1.8-acre property was generally located on the northwest comer of Wilson
and Ruddell Streets. The property was currently zoned SF-7. Office uses for several non-profit
agencies were proposed.
Cochran motioned, Young seconded to grant a waiver of the fees. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
43. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-69, for a 4.1-acre property located at the southwest comer
of Southridge and Interstate 35E. The property was in an Office (O) zoning district. A specific
use permit to allow remote off-street parking on the site was proposed. (RN-O0-28, Peterbilt
Expansion ProjecO
Beasley motioned, Young seconded to grant the request for relief. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
44. The Council was to consider approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effectiw~
date.
925
This item was not considered.
926
City of Denton City Council Minutes
October 17, 2000
Page 14
45. The Council considered nominations/appointments to the City's Boards and
Commissions.
Council Member Cochran nominated Bullitt Lowry to the Public Utilities Board.
Burroughs motioned, Young seconded to suspend the Council's rules and vote on the nomination
at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson"aye", Young "aye", and Mayor Brock"aye". Motion passed unanimously.
Cochran motioned, Young seconded to appoint Mr. Lowry to the Public Utilities Board. On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young
"aye", and Mayor Brock "aye". Motion passed unanimously.
46. New Business
The following items of New Business were suggested by Council Members for future agendas:
Council Member Cochran suggested a work session item concerning the decrease
in appraisal value of large pieces of commercial property in the City. of Denton.
Council Member Kristoferson suggested including the properties that were listed
on the contested roles.
47. Items from the City Manager
Mr. Jez did not have any items for Council.
48. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
49. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
Following completion of the Regular Meeting, the Council convened into a Work Session.
1. The Council received a report, held a discussion, and gave staff direction regarding the
draft Development Code.
Doug Powell, Director of Planning and Development, stated that at the October 10, 2000
meeting, Council instructed staff to schedule an additional meetings to discuss outstanding
issues. Council Member Cochran had submitted a list of changes and issues for Council
consideration.
Council reviewed the various sections of the Code and made suggestions for changes.
City of Denton City Council Minutes
October 17, 2000
Page 15
With no further business, the meeting was adjourned.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
927