Minutes November 28, 2000CITY OF DENTON CITY COUNCIL MINUTES
November 28, 2000
955
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, November 28, 2000 at 5:15 p. m. in the City
of Denton Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Closed Session:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
--Under TEX. GOV'T Code Section 551.086.** Deliberations Concerning
Real Property --- Under TEX. GOV'T. CODE Section 551.072. Consultation
With Attorney ---Under TEX.GOV'T. CODE Section 551.071
(i)
Received confidential competitive electric utility information from Staff,
discussed, deliberated, considered, provided Staff with direction, voted,
and took action as necessary respecting the valuation of, and the possible
sale, transfer, assignment, or other divestiture of real property pertaining
to the City of Denton's electric utility systems, including, without
limitation: the Gibbons Creek generation facility located in Grimes
County, Texas; the Spencer generation facility located on Spencer Road in
Denton County, Texas; the two hydroelectric facilities located in Denton
County, Texas; and other components of the City's electric generation
assets. Conduct a consultation with the City's attorneys in order to obtain
the advice and recommendations of the City's attorneys concerning the
above-referenced issues, where to discuss such issues and matters in a
public meeting would conflict with the a~tomey's duties and professional
responsibilities to their client under the Texas Disciplinary Rules of
Professional Conduct.
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 within the F. Daugherty Survey, Abstract No. 348, in Denton County,
Texas; which acquisitions are for a public purpose; (Graveyard Branch
Sanitary Sewer Project)
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 being 0.4626 acre of land located in the Hiram Sisco Survey,
Abstract No.1184, City of Denton, Denton County, Texas; which acquisition
is for a public purpose.
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City of Demon City Council Minutes
November 28, 2000
Page 2
Do
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 being 0.2927 acre of land located in the Hiram Sisco Survey,
Abstract No. I 184, City of Denton, Denton County, Texas; which acquisition
is for a public purpose.
Regular Meeting of the City of Denton City Council on Tuesday, November 28, 2000 at 6:30
p.m. in the Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
The Mayor presented the American Planning Association - Texas Chapter Planning
awards.
a)
b)
Comprehensive Planning Awards - The Denton Plan
Current Planning Award - Visual Preference Survey
3. The Mayor presented the Texas Municipal League Excellence Awards.
a)
b)
Communications - Visual Preference Survey
Public Safety -Victim's Assistance Program
4. Mayor Brock presented Yard of the Month Awards to:
Cybil and Gene Gordon
Randy and Denise Estep
Jim and Joyce White
Kathy, Leslie and Walter Hartman
Mrs. Claudia Moncrief
Christa and Elama Orosco and Family
Taco Bell - West University
CONSENT AGENDA
Item #23 was pulled from consideration.
Mayor Brock requested that Item #26 be pulled and rescheduled as an Item for Individual
Consideration at a future meeting.
City of Denton City Council Minutes
November 28, 2000
Page 3
Burroughs motioned, Cochran seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Items #23 and #26. On roll vote, Beasley"aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
5. NO. 2000-421
957
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND
WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRINKER ROAD;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2577 - BRINKER ROAD PAVING,
DRAINAGE AND WATER SYSTEM IMPROVEMENTS AWARDED TO
CONASTER CONSTRUCTION INC. IN THE AMOUNT OF $959,931.50).
NO. 2000-422
AN ORDINANCE PROVIDING FOR EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN
ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND
PROVIDING AN EFFECTIVE DATE (PO 10775-DARR EQUIPMENT CO., IN THE
AMOUNT OF $44,211.11).
NO. 2000-423
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF 3/8" DOWN ROCK; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (PO 10778 - MARTIN MARIETTA FOR 3/8" DOWN ROCK IN THE
AMOUNT OF $24,963.00).
NO. 2000-424
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO
THE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON AREA
TEACHERS CREDIT UNION; PROVIDING FOR THE INCREASE IN THE
CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT; AND
PROVIDING AN EFFECTIVE DATE (ORDINANCE 98-388 LEASE OF OFFICE
SPACE FOR FIRE ADMINISTRATION IN THE AMOUNT OF $36,000 PLUS
CHANGE ORDER 1 IN THE AMOUNT OF $18,000 PLUS CHANGE ORDER 2 IN
THE AMOUNT OF $18,000, CHANGE ORDER 3 PURCHASE ORDER 10777 IN
THE AMOUNT OF $43,300.00).
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NO. 2000-425
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE LEASE OF A MODULAR OFFICE BUILDING; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2587 - LEASE OF MODULAR BUILDING TO G.E.
MODULAR SPACE IN THE AMOUNT OF $35,462.00 FOR 36 MONTHS).
10.
NO. 2000-426
AN ORDINANCE ACCEPTING PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASE OF CARDIAC MONITOR / DEFIBRILLATORS WHICH ARE
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 10762 TO MEDTRONICS / PHYSIO CONTROL IN THE AMOUNT OF
$69,616.50).
11.
NO. 2000-427
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASE OF EQUIPMENT USED IN EXPLOSIVE DEVICE INCIDENTS WHICH
ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE (PO 10771 TO MED ENGINEERING SYSTEM, INC., IN THE AMOUNT OF
$15,032.00).
12.
NO. 2000-428
AN ORDINANCE AMENDING ORDINANCE NO. 2000-049 PRESCRIBING THE
NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER;
RENAMING CERTAIN POSITIONS IN THE CLASSIFICATION OF "BATTALION
CHIEF" FOR FIREFIGHTERS AND CREATING NEW CLASSIFICATIONS BY
DELETION AND RECLASSIFICATIONS; PRESCRIBING THE NUMBER OF
POSITION IN EACH CLASSIFICATION OF FIREFIGHTER; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
THE EFFECTIVE DATE OF OCTOBER 1, 2000.
13.
NO. 2000-429
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES IN THE CLASSIFICATION OF BATTALION CHIEF-EMERGENCY
MEDICAL SERVICES MANAGER, BATTALION CHIEF-INFORMATION
SERVICES MANAGER, AND CAPTAIN-LOGISTICS/MAINTENANCE WHO ARE
ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS ON A FORTY-HOUR
WORK WEEK IN THE FIRE DEPARTMENT AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
November 28, 2000
Page 5
14.
NO. 2000-430
9,5 9
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS
OF FIELD TRAINING OFFICER IN THE FIRE DEPARTMENT; AND PROVIDING
AN EFFECTIVE DATE.
15.
NO. 2000-431
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
16.
NO. R2000-059
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
DONATION OF BODY ARMOR WHICH NO LONGER HAS VALUE TO THE CITY
OF DENTON TO NORTH CENTRAL TEXAS COLLEGE AND TO THE ROTARY
CLUB OF DENTON; AND PROVIDING AN EFFECTIVE DATE.
17.
NO. 2000-432
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTRY
CLUB, FORMERLY KNOWN AS THE NEW DENTON COUNTRY CLUB,
RELATING TO THE PURCHASE OF A PUBLIC UTILITY EASEMENT, SANITARY
SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN THE
F. DAUGHERTY SURVEY, ABSTRACT NUMBER 348 AND THE G. DAUGHERTY
SURVEY, ABSTRACT NUMBER 351, DENTON COUNTY, TEXAS AND OTHER
CONSIDERATIONS REGARDING THE PENDING GRAVEYARD BRANCH
SANITARY SEWER PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
18.
NO. 2000-433
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND FRANCILLE PHILLIPS AND ALBERT PEREZ,
RELATING TO THE PURCHASE OF 0.4626 ACRE OF LAND LOCATED IN THE
HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO. 1184, FOR USE BY THE
POLICE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
19.
NO. 2000-434
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ROBERT H. CALDWELL, III, ELLEN E. CALDWELL,
LAURA C. CALDWELL AND JAMES H. CALDWELL, RELATING TO THE
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PURCHASE OF 0.2927 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320
ACRE SURVEY, ABSTRACT NO. 1184, FOR USE BY THE POLICE
DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
20.
NO. 2000-435
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.046 ACRE OR 2,009 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 1N 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 ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; RESCINDING THAT
CERTAIN REAL ESTATE CONTRACT DATED OCTOBER 17, 2000 BETWEEN
THE CITY OF DENTON AND W. H. BOTTOMS PERTAINING TO THE SUBJECT
PROPERTY; DECLARING AN EFFECTIVE DATE. (PARCEL 20)
21.
NO. 2000-436
AN ORDINANCE AMENDING CHAPTER 22 "PARKS AND RECREATION" CODE
OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 22-1 TO
CHANGE NAME OF BOARD TO PARKS, RECREATION, AND BEAUTIFICATION
BOARD; ADDING TO SECTION 22-4, CODE OF ORDINANCE, "DUTIES" TO
INCLUDE THAT THE BOARD SHALL HAVE THE DUTY TO MAKE
RECOMMENDATIONS TO THE CITY COUNCIL AND THE PARKS AND
RECREATION DIRECTOR REGARDING POLICY MATTERS RELATED TO
COMMUNITY APPEARANCE, BEAUTIFICATION AND THE CITY'S
ENVIRONMENT; ADDING SECTION 22-5, PROVIDING FOR THE TEMPORARY
APPOINTMENT OF TWO ADDITIONAL MEMBERS TO THE BOARD WITH
BEAUTIFICATION EXPERIENCE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
22.
NO. 2000-437
AN ORDINANCE REPEALING ORDINANCE NO. 93-093 IN ORDER TO
DISSOLVE THE "KEEP DENTON BEAUTIFUL BOARD"; AMENDING CHAPTER
2 "ADMINISTRATION" ARTICLE VII, "DENTON CODE OF ORDINANCES", CITY
OF DENTON, TEXAS PROVIDING THAT "KEEP DENTON BEAUTIFUL, INC." IS
DESIGNATED AS THE APPROPRIATE AGENCY TO IMPLEMENT THE "TREE
City of Denton City Council Minutes
November 28, 2000
Page 7
CITY USA" PROGRAM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
23. This item was pulled from consideration.
24. This item was pulled from consideration.
25.
NO. 2000-438
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING NO PARKING
ON THE NORTH SIDE OF PRAIRIE STREET FROM ITS INTERSECTION WITH
BONNIE BRAE EAST ONE HUNDRED AND EIGHTY FEET; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
PROVIDING FOR AN EFFECTIVE DATE.
26. This item was not considered.
PUBLIC HEARINGS
27. The Council held a public hearing and considered an ordinance amending Chapter 33 of
the Code of Ordinances, City of Denton, Texas, amending Signs and Advertising Devices to
allow sandwich board signs in the Central Business District and adding the definition and
standards for sandwich board signs. The Planning and Zoning Commission recommended
approval (6-0) with conditions. (SI-00-20, Sign Ordinance)
Doug Powell, Director of Planning and Development, stated that the ordinance would allow
sandwich board signs in the Central Business District and could only be used in areas with
sidewalks that were 12 feet wide.
The Mayor opened the l~ublic heating.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-439
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 33
OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS; AMENDING SEC.
33-2, PROVIDING FOR DEFINITION OF SANDWICH BOARD SIGN; AMENDING
SECTION 33-4, PROVIDING FOR THE ALLOWANCE OF SANDWICH BOARD
SIGNS IN THE CENTRAL BUSINESS DISTRICT; AMENDING SEC. 33-184,
PROVIDING FOR THE STANDARDS FOR SANDWICH BOARD SIGNS;
PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED FIVE
HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Cochran motioned, Beasley seconded to adopt the ordinance with a wording change in Item
3D 11 to state "shall" instead of"may". It was also infommlly recommended to have a review in
a year to see how the ordinance was working. On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously.
28. The Council held a public hearing and considered amending the City of Denton Mobility
Plan-Roadway Component, for State School Road Connector.
Dave Solman, Engineering Administrator, stated that the specific area of consideration was
around Wind River Lane. It was recommended to build a collector street between State School
Road and Wind River Lane plus a street connecting Sundown Ranch with the new collector
street. The developer in the area agreed to develop a portion of the collector street when the
property was developed. The State School did not have an opinion on the street and the City
would have to build the other portion of the street in a future CIP.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Young motioned, Burroughs seconded to adopt the ordinance.
Mayor Pro Tem Beasley suggested a friendly amendment to add a condition that
environmentally sensitive areas would be preserved with this alignment.
Burroughs motioned, Durrance seconded to reopen the public hearing. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carried unanimously.
Burroughs motioned, Young seconded to continue the public hearing until the December 12th
meeting and have staff notify the State School of that meeting. 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
29. The Council considered adoption of the first reading of an ordinance to involuntarily
annex approximately 1,161 acres of land located in the southwestern section of the City of
Denton extraterritorial jurisdiction (ET J), for the following tracts:
Tract Itl; approximately 504 acrc~ of land located in thc southwestern side of the
City of Denton's extraterritorial jurisdiction west of U.S. Highway 377, south of
Allred and north and south of Johnson Lane.
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Tract #2: approximately 655 acres of land located in the southwestern side of the
City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West
and west of the Kansas City Southern Railway Company, extending south along
Bonnie Brae approximately 6,400 feet north of intersection of U.S. Highway 377.
Tract #3: approximately 1.7 acres of land located northeast of the intersection of
Corbin and Bonnie Brae
Dave Hill, Assistant City Manager for Development, stated that this was the first reading of the
ordinance for annexation. Tract 1 contained 504 acres, Tract 2 contained approximately 653
acres and Tract 3 had 1.7 acres. Tract 1 was subject to deletion pending continuing work to
reach agreement with the property owners regarding non-development of the area. That tract
could be deleted at the time of the second reading. Mets and botmds could be changed at that
time if the property was deleted at the time of the second reading.
The following individuals spoke regarding the issue:
Patricia Brown, 4300 Johnson Lane, Argyle, 76226 - opposed
Peggy Smith Bassham, 5094 Johnson Lane, Argyle, 76226 - opposed
Tom Holaman, 3246 South Bonnie Brae, Denton, 76207 - opposed
Charles Hackett, 6900 Country Club Road, Argyle, 76226 - opposed
M. C. Burch, 7030 Country Club Road, Denton, 76210 - opposed
E. D. Calvert, Rt. 6, Box 114, Denton, 76210 - opposed
Richard Burch, 2601 Buckingham Drive, Denton, 76209 - opposed
Mont Wilkes, 141 Springfield Lane, Argyle, 76226 - opposed
The following individuals submitted Speaker Cards:
Millard Smith, 1996 Huling Road, Sanger, 76266 - opposed
Walter and Betty Leatherwood, 1188 Hickory Creek Road, Denton, 76210 - opposed
Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed
Nelda Burch Hackett, P.O. Box 998, Argyle, 76226 - opposed
Burroughs motioned, Beasley seconded to approve the first reading of the annexation ordinance
with the mets and bounds as distributed to be part of ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Brock"aye". Motion carried with a 6-1 vote.
30. The Council considered adoption of the first reading of an ordinance to involuntarily
annex approximately 1,104 acres of land located in the southwestern section of the City of
Denton extraterritorial jurisdiction (ETJ), for the following tracts:
Tract #1: approximately 1,100 acres of land located on the southwestern side of
the City of Denton's extraterritorial jurisdiction east of U.S. Highway 377, south
of Regency Court on each side of Country Club Road, west of Montecito along
Ryan Road and mostly north of Brush Creed Road.
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Tract//2: approximately 3.6 acres of land located on the southwestern side of the
City of Denton's extraterritorial jurisdiction west of Montecito, south of E1 Pasco
and east of Santa Monica.
Dave Hill, Assistant City Manager for Development Services, presented a corrected mets and
bounds document for Council consideration. Tract 1 was 920.1 acres; and Tract 2 was 3.6 acres.
Some tracts could still be considered for removal if agreements were reached to restrict
development in those areas.
The following individuals spoke on the issue:
Charles Hackett, Box 998, Argyle, 76226- opposed
M. C. Burch, 7030 Country Club Road, Denton, 76210 - opposed
Richard Burch, 2601 Buckingham Drive, Denton, 76209- opposed
Bob Heilic, 3855 Leisure Lane, Denton, 76210 - opposed
The following Speaker Cards were submitted:
Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed
Nelda Burch Hackett, P.O. Box 998, Argyle, 76226 - opposed
Janelle Burch, 2601 Buckingham Drive, Denton, 76209 - opposed
Burroughs motioned, Beasley seconded to approve the first reading of the ordinance with the
mets and bounds as provided. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carried with a
6-1 vote.
Mayor Brock left the meeting.
31. The Council considered approval of a resolution approving the Sirius Enterprises
Addition Project Plan. The 1.9247 acre property was located on the north side of Mingo Road
between Loop 288 and Fish Trap Road on Sirius Drive. Light industrial development was
proposed. (SP00-104, Sirius Enterprises facility).
Doug Powell, Director of Planning and Development, stated that this site was located on the
north side of Mingo Road. The owners of the property had subdivided the property into three
parcels. The Project Plan, with the conditions suggested by the Planning and Zoning
Commission, met the requirements of the nonresidential interim regulation.
Kent Bell spoke in favor of the project plan.
The following resolution was considered:
NO. R2000-060
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR SIRIUS ENTERPRISES FACILITY,
BEING AN APPROXIMATE 1.9247 ACRE SITE LOCATED ON THE NORTH SIDE
City of Denton City Council Minutes
November 28, 2000
Page 11
OF MINGO ROAD BETWEEN LOOP 288 AND FISH TRAP ROAD ON SIRIUS
DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-00-014, SIRIUS
ENTERPRISES FACILITY)
Young motioned, Burroughs seconded to approve the resolution with an added condition that
75% of the west elevation of the building would be masonry. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"nay", and Young "aye". Motion
carried with a 5-1 vote.
32. The Council considered adoption an ordinance to annex an approximately 37.8 acre tract
of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the
extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the
annexed property, to provide a severability clause and to provide for an effective date. Second
reading of ordinance. (A-100, Forester Tract)
Doug Powell, Director of Planning and Development, stated that this was a voluntary annexation
and the final reading of the ordinance to annex.
The following ordinance was considered:
NO. 2000-440
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 37.8 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED SOUTHEAST OF THE CORNER OF TEASLEY LANE AND HICKORY
CREEK ROAD IN THE B. MERCHANT SURVEY, ABSTRACT NO. 800, DENTON
COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A-100)
Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion
carried unanimously.
33. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an agreement for professional legal services with the
law offices of Jim Boyle, PLLC for services pertaining to lobbying activity and legislative
matters related to Denton Municipal Utilities for the temx of the 77th Texas legislature;
authorizing the expenditure of funds therefor, and providing an effective date.
The following ordinance was considered:
NO. 2000-441
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES
PERTAINING TO LOBBYING ACTIVITY AND LEGISLATIVE MATTERS
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RELATED TO DENTON MUNICIPAL UTILITIES FOR THE TERM OF THE 77TM
TEXAS LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR AND PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion
carded unanimously.
34. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, supporting the Dallas 2012 Bid Committee in its efforts to secure the 2012
Olympic Games, and declaring an effective date.
The following resolution was considered:
NO. R2000-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
SUPPORTING THE DALLAS 2012 BID COMMITTEE IN ITS EFFORTS TO
SECURE THE 2012 OLYMPIC GAMES; AND DECLARING AN EFFECTIVE DATE.
Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", and Young "aye". Motion
carried with a 5-1 vote.
35. The Council considered and took action on a request from the Residential Interim
Regulations, Ordinance 2000-046, for an approximate 3.4-acre property located at the southwest
comer of Ryan Road and Montecito Drive. The property was in a Planned Development (PD-
22) zoning district. A Detailed Plan for duplex apartments for Good Samaritan Village was
proposed. (RR-00-109, Good Samaritan)
Julie Marko spoke in favor of the request.
Kristoferson motioned, Young seconded to approve the request. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion
carded unanimously.
36. New Business
There were no items of New Business suggested by Council Members for future agendas.
37. Items from the City Manager
City Manager Jez did not have any items for Council.
38. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
November 28, 2000
Page 13
39. 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 10:00 p.m.
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
967
iyiFE~ WALTERS
SECRETARY
CITY OF DENTON, TEXAS