Minutes April 03, 2001CITY OF DENTON CITY COUNCIL MINUTES
April 3, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, April 3, 2001 at 5:15 p. m. in the City of
Denton Council Work Session Room, Denton City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071. Deliberations regarding certain Public Power Utilities: Competitive
Matters - Under Texas Government Code Section 551.086.**
Received competitive electric and commercial information from Staff and
considered, discussed, deliberated, and provided Staff with direction
regarding possible resolution of a part of the single-certification regulatory
proceeding brought by Denton Municipal Electric, pending before the
Public Utilities Cormnission of Texas. Conducted 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
attomeys' duties and professional responsibilities to their client under the
Texas Disciplinary Rules of Professional Conduct.
Bo
Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under TEXAS GOVERNMENT CODE Section 551.086.**
Received competitive electric and commercial information from one of the
City's Texas Municipal Power Agency ("TMPA") Board Members and/or
City Staff pertaining to matters regarding present and future maintenance
issues, financial issues, operational issues, legal and compliance issues,
and other related issues and strategies concerning the City's interest in,
and its business relationship with TMPA; received competitive electric
and commercial information regarding the Denton Municipal Electric
("DME") divestiture; discussed, deliberated, considered, and provided
such TMPA Board Member and/or Staff with direction regarding same.
Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551.071.
Received legal advice from the City Attomey or his staff concerning legal
issues regarding disclosure of attorney-client communications and other
documents excepted from disclosure under the Public Information Act in
response to an open records request from the Dallas Morning News where
to discuss these matters in public would conflict with the duty of the City's
attorneys under Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
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City of Denton City Council Minutes
April 3, 2001
Page 2
D. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074.
Held a discussion and deliberated regarding the appointment, employment,
evaluation, and/or duties of a City Manager.
Regular Meeting of the City of Denton City Council on Tuesday, April 3, 2001 at 6:00 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.
2. The Council considered approval of the minutes of March 2, 6, 9, 16, and 19, 2001.
Durrance motioned, Burroughs seconded to approve 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.
PRESENTATIONS
3. Proclamations
A. Mayor Brock presented a proclamation for Environmental Crime Prevention Week to
Officer Mike Sweet.
B. Mayor Brock presented a proclamation for Sexual Assault Awareness Month to Alicia
Reimers of Denton County Friends of the Family.
CITIZEN REPORTS
4. Ross Melton regarding his lawsuit, code enforcement, and attomeys.
Mr. Melton was not present at the meeting.
5. Dorothy Framanty regarding Municipal Court procedures.
Ms. Framanty stated the problems she was having with Municipal Court.
CONSENT AGENDA
Mayor Brock asked that Item #20 be pulled for separate consideration.
Beasley motioned, Burroughs seconded to approve the Consent Agenda and the accompanying
ordinances with the exception of Item #20. On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously.
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City of Denton City Council Minutes
April 3, 2001
Page 3
6. Approved a tax refund to Hunt Petroleum Corp. in the amount of $630.11. The 2000
property tax was paid twice.
7. Approved a tax refund to Christopher Walton in the amount of $890.77. The 2000
property tax was paid twice.
8. Approved a tax refund to Toyota Equipment Finance in the amount of $8,472.74. The
2000 property tax was paid twice.
9. Approved a tax refund to Gm'land Cates in the amount of $849.91. The 2000 property tax
was paid twice.
10. NO. 2001-137
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NORTH
LAKES PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2629 - NORTH LAKES
PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS, AWARDED
TO SENECA CONSTRUCTION, INC., IN THE AMOUNT OF $910,130.30,
INCLUDING ALTERNATES 1, 3, 5, 12).
11.
12.
13.
NO. 2001-138
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF REPLACEMENT PUMP PARTS FOR
FAIRBANKS PUMP; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2582 -
REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP IN THE AMOUNT
OF $19,897).
NO. 2001-139
AN ORDiNANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDiNG A
CONTRACT FOR THE PURCHASE OF A SELF LOADiNG 3-REEL
TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAILER;
PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2646 - SELF LOADiNG 3 REEL
TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAILER IN THE
AMOUNT OF $96,474).
NO. 2001-140
AN ORDiNANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ONE SUBURBAN; PROVIDiNG
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
1 0 2
City of Denton City Council Minutes
April 3,2001
Page 4
EFFECTIVE DATE (BID 2658 - SUBURBAN AWARDED IN THE TOTAL
AMOUNT OF $26,486.75).
14.
NO. 2001-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH
TEXAS UMPIRE ASSOCIATION; APPROVING THE EXPENDITURE OF
FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING
SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE
WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
15.
NO. 2001-142
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BURNS & MCDONNELL
ENGINEERING COMPANY, INC. FOR ENGINEERING AND RELATED
SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM
PROJECTS FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
16.
NO. 2001-143
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF
TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR INSTALLATION AND FUNDING
OF CERTAIN TRAFFIC CONTROL DEVICES AT SPECIFIED
INTERSECTIONS WITHIN THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE.
17.
NO. 2001-144
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
WITH THE LAW OFFICES OF LLOYD, GOSSELINK, BLEVINS,
ROCHELLE~ BALDWIN AND TOWNSEND, P.C. FOR SERVICES
PERTAINING TO PUBLIC UTILITIES COMMISSION OF TEXAS DOCKET
NO. 22350 (TXU UNBUNDLED COST OF SERVICE) RELATING TO
DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE APPROVAL
OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 3, 2001
Page 5
103
18.
NO. 2001-145
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK
ORDER NO. 01-B WITH R.J. COVINGTON CONSULTING FOR SERVICES
RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR
DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
19.
NO. 2001-146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE
THE ATTACHED AMENDMENT TO THE AMENDED PROFESSIONAL
SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION AND
SUPPORT BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS
TECHNOLOGIES, INC., A QUALIFIED INFORMATION SYSTEMS
VENDOR ("QISV") OF THE STATE OF TEXAS, TO BE PAID FROM
PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED
NINE HUNDRED FORTY-TWO THOUSAND, ONE HUNDRED AND
NINETY-FIVE DOLLARS ($942,195.00); AND PROVIDING FOR AN
EFFECTIVE DATE.
Item #31 was considered.
Cochran motioned, Burroughs seconded to suspend the rules and allow anyone wishing to speak
on this item five minutes instead of the normal three minutes. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Bmck"aye". Motion carried unanimously.
31. The Council considered approval of DME's strategy to continue to monitor market rules
before entering into electric competition.
Sharon Mays, Director of Electric Utilities, stated that Glenn Fisher would brief the council on a
new marketplace for the interim period
Glenn Fisher, Assistant Director of Planning/Ext. Affairs, presented a timeline regarding
deregulation. He stated that Senate Bill 7 had been passed in June 1999. A pilot program would
start on June 1, 2001 with 5% of investor-owned utilities residential and small commercial
customers being allowed to choose alternate energy providers. Full competition would begin for
investor-owned utilities in Texas on January 1, 2002.
Fisher stated that Senate Bill 7 put a municipality's decision of when or if to elect for customer
choice in the hands of the City Council. The key provision in this decision is that "the decision
to participate in customer choice by the adoption of a resolution is irrevocable." Once Denton
was into competition, it could not get out, even if the experiences in the competitive market
showed the decision to opt in was a mistake.
4 'City of Denton City Council Minutes
April 3, 2001
Page 6
Fisher stated that staff recommended the Council adopt a "wait and see" attitude about
deregulation at the current time. The issue could be revisited in December of 2002, after the
market had operated through periods of low energy and high-energy demands and stakeholders
had identified and corrected market operational issues.
The Mayor asked if any citizens would like to speak on the subject.
The following individuals spoke:
John Thompson, 3211 Darby Lane, stated he would like to see the seriousness of the
choices we had to make
Tim Morrissy, 1117 Skylark Drive, stated that waiting was probably the best advice they
could get
Edwin Fulton, 1404 Ft. Worth Drive, stated he would like to see the City take a "wait and
see" attitude
Monica Antonelly, 1202 Oakwood Drive, asked if the presentation would be available on
the website
Young motioned, Cochran seconded to take a "wait and see" stance through 2002. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carried unanimously.
PUBLIC HEARINGS
21. The Council held a public hearing and considered adoption of an ordinance amending the
ordinance adopting The Denton Plan 1999-2020 by adopting a pedestrian and bicycle component
of the Denton Mobility Plan for the City of Denton, providing a savings and a repealing clause,
and providing for an effective date. (The Planning and Zoning Commission recommended
approval, 7-0.)
Jerry Clark stated that the pedestrian and bicycle component was the second in a series of
mobility plan components intended to coordinate the city's transportation systems.
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. 2001-147
AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE
DENTON PLAN 1999-2020 BY ADOPTING A PEDESTRIAN AND BICYCLE
COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF
DENTON; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
April 3, 2001
Page 7
Beasley motioned, Cochran seconded to adopt the pedestrian and bicycle component of the
Denton Mobility Plan. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Kristoferson"aye", Young "aye", and Mayor Brock"aye". Motion carried unanimously.
22. The Council held a public hearing regarding the involuntary annexation and service plan
for 46 acres of land in the eastern section of the City of Denton's Extraterritorial Jurisdiction
(ETJ). The site was generally located on the south side of Blagg Road, approximately 1000'
west of Lakeview Boulevard. (A-O l-O002, Blagg Road Annexation Area)
Larry Reichhart, Assistant Director of Planning and Development, stated that they had received
opposition to this involuntary annexation.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Lynn Thames, 5533 Blagg Road - opposed to request
The Mayor closed the public hearing.
23. The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan at 1551 Mingo Road from a Single Family (SF-7) zoning district to a Planned
Development (PD) zoning district. The 22.7 acre property was generally located between
University Drive and Mingo Road, approximately 500' east of Ruddell Street. A senior housing
complex and public park are proposed. The Planning and Zoning Commission recommended
approval (5-0) with conditions. (ZP-OI-O001, Bluffview Villas)
Larry Reichhart, Assistant Director of Planning and Development, stated that the Planning and
Zoning Commission had recommended approval with the following conditions: amend the
lighting standard; a community center, not to exceed 6,000 square feet, to be added to the
allowed uses; a 6' tall solid screening fence of wood panels with metal posts and brick columns,
50' on center, to be added to the entire western property line; the monument signs should be
placed a minimum of 10' from respective property lines; and the eastern buffer should be
modified to 64'.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Allen Bussell, representing the petitioner, support
Brian Potashnik, developer of project, support
Deborah Wright, 1513 Creek, support
Janice Collvins, 2011 Boyd, opposition
Frank Watson, 1505 Seminole, support
Brent Yeldell, Southwest Housing, support
Joe Moore, 1505 Creek, support
David Piatt, 809 Greenwood, support
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City of Denton City Council Minutes
April 3, 2001
Page 8
The following individuals submitted a blue card but did not wish to speak:
Charlene Smith, 1816 Boyd - opposition
Virginia Boyette, 1506 Choctaw - opposition
Curtis and Bertha Erwin, 1815 Boyd - opposition
James Collvins, 2011 Boyd - opposition
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR APPROXIMATELY 24 ACRES LOCATED WITHIN A
SINGLE FAMILY (SF-7) ZONING DISTRICT; TO CHANGE TO A
PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR MULTI-
FAMILY USES; THE SUBJECT PROPERTY BEING LOCATED BETWEEN
UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST
OF RUDDELL 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-01-0001).
Young motioned, Burroughs seconded to approve with the following conditions: a solid
screening fence of wood panels with metal posts would be added to the western property line;
monument signs would be placed a minimum of 10' from respective property lines; parking for
the park site should be internal to the park and no parking for the park site would be allowed on
or adjacent to the cul de sacs in the adjacent subdivision; the existing fence along the east side of
the property would remain or be replaced by a fence that was equivalent to or better than the
existing fence; park development and access to the park from the east would be coordinated with
residents of the subdivision adjacent to the property.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kxistoferson
"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously.
24. The Council held a public hearing and considered adoption of an ordinance approving a
Detailed Plan / Project Plan for approximately 15 acres located on the southeast side of Interstate
35E approximately 3000 feet northwest of its intersection with Post Oak Road. The property
was located in the Planned Development 12 (PD-12) zoning district. An automobile dealership
was proposed. The Planning and Zoning Commission recommended approval (5-0) with
conditions. (SP-01-O001, Jim McNatt Toyota- Dodge)
Larry Reichhart, Assistant Director of Planning and Zoning, stated that the Planning and Zoning
Commission had recommended approval with the following conditions: lighting on the property
should be designed to as not to shine on adjoining property; an irrigated landscaping strip at least
three feet in width should be provided along the top of the retaining wall along the southwestern
boundary of the property; public address speakers should be oriented so as not to face towards
City of Denton City Council Minutes
April 3, 2001
Page 9
107.
the south, southwest or west; temporary sales building should be removed from the site within 90
days of a Certificate of Occupancy being issued for the main sales and service building; the
existing oak trees intended to be preserved by the applicant should be monitored during
construction activity and during a five-year recovery period; if the health of any of the existing
oak trees should decline during construction or the recovery period, the applicant should plant
replacement trees in the islands where the oak trees were removed.
The Mayor opened the public heating.
Jim Stephenson, 6777 Camp Bowie, Ft. Worth - support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
ORDINANCE NO. 98-084 TO PROVIDE FOR A DETAILED PLAN/PROJECT
PLAN FOR 15.02 ACRES LOCATED WITHIN PLANNED DEVELOPMENT
12 (PD-12) ZONING DISTRICT; THE SUBJECT PROPERTY BEING
LOCATED ON THE SOUTHEAST SIDE OF INTERSTATE 35E
APPROXIMATELY 3000 FEET NORTHWEST OF ITS INTERSECTION
WITH POST OAK ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE
(SP-01-0001).
Beasley motioned, Young seconded to approve the Detailed Plan/Project Plan with conditions
recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "nay", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye".
Motion carried 6-1.
25. The Council held a public hearing and considered adoption of an ordinance approving a
Comprehensive Plan Amendment, from a Neighborhood Center to a Community Mixed Use
Center, for a 13.16 acre site located at the southwest comer of Teasley Lane and Ryan Road in
the City of Denton, Denton County, Texas. A community retail center was proposed. The
Planning and Zoning Commission recommended denial (3-2). (CA-O0-O02, Teasley Commons
Comprehensive Plan AmendmenO
Larry Reichhart, Assistant Director of Planning and Zoning, stated that the Planning and Zoning
Commission recommended denial.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bennett Ratliff, support
City of Denton City Council Minutes
April 3, 2001
Page 10
Richard Garner, 5321 Wildwood Lane, expressed some concerns
Raymond Shephard, 3956 Parkhaven Drive, support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
COMPREHENSIVE PLAN AMENDMENT FOR 13.16 ACRES LOCATED
WITHIN NEIGHBORHOOD CENTER LAND USE DESIGNATION; TO
CHANGE TO COMMUNITY MIXED USE CENTER LAND USE
DESIGNATION; THE SUBJECT PROPERTY BEING LOCATED AT THE
SOUTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE. (CA-00-002)
Kristoferson 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.
26. The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan for a 13.16 acre site located at the southwest comer of Teasley Lane and Ryan Road
in the City of Denton, Demon County, Texas. The property was currently zoned Planned
Developmem 93 (PD-93). The intent was to amend the Planned Development to allow the
construction of a community shopping center. The Planning and Zoning Commission
recommended denial (3-2). (ZP-O0-O17, Teasley Commons Zoning Plan)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bennett Ratliff, support
Raymond Shephard, 3956 Parkhaven Drive, support
The Mayor closed the public hearing.
The following ordinance was considered:
2001-151
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
ORDINANCE NO. 85-68 TO PROVIDE FOR A ZONING CHANGE AND
ZONING PLAN FOR 13.16 ACRES LOCATED WITHIN THE PLANNED
DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO ALLOW FOR A
RETAIL SHOPPING CENTER; THE SUBJECT PROPERTY BEING
LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND
City of Denton City Council Minutes
April 3, 2001
Page 11
109
RYAN ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZP-00-017)
Kristoferson motioned, Cochran seconded to adopt the ordinance with the following conditions:
driveways should be limited to two on Teasley and one on Ryan Road; right turn lane at the
northern most driveway on Teasley with a median on Teasley preventing left tums at that
driveway; reconstruction of Ryan Road across the frontage as a four lane divided road with
median opening and left and right turn lanes at the driveway; left and right turn lanes on Teasley
at the southern most driveway; design of the development shall be pedestrian oriented; no drive-
thru restaurants; one structure on the site allowed up to 58,000 square feet in size - all others
should not exceed 45,000 square feet; no truck deliveries between 10:00 p.m. and 6:00 a.m.; an
eight foot masonry wall should be constructed along the south and west side of the property;
signs shall be monument signs.
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
27. The Council reconsidered approval of a resolution approving a Project Plan for 1.563
acres in a Commercial (C) zoning district, located on the north side of 1-35 at the northeast
intersection of 1-35 service road between Fort Worth Drive and Teasley Lane. Johnny Carino's
Country Italian Restaurant was proposed. (SP-O0-O19)
Larry Reichhart, Assistant Director of Planning and Zoning, presented a design solution meant as
another alternative for building placement on the site.
Norman Abdullah, 3555 RR 6205, Austin, owner of Johnny Carino's, stated that if they couldn't
get the site approved they wouldn't be building in Denton.
Charles Mercer, 3555 RR 620 South, Austin, stated that the front of the building needed to be on
the Interstate side. There would be a handicapped drop-off at the front door. There would also
be fire lane access all around the building.
Tom Pritchett, 3017 Westminister, spoke regarding the landscaping.
The following individuals submitted a blue card bnt did not wish to speak:
Nick Cade, Dallas - support
David Piatt, 809 Greenwood - support
The following resolution was considered:
NO. R2001-013
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR JOHNNY CARINO'S COUNTRY
11
City of Denton City Council Minutes
April 3, 2001
Page 12
ITALIAN RESTAURANT, BEING AN APPROXIMATE 1.563 ACRE SITE
LOCATED ON THE NORTH SIDE OF 1-35 BETWEEN FT. WORTH DRIVE
AND TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE (SP-
00-019, JOHNNY CARINO'S COUNTRY ITALIAN RESTAURANT)
Young motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor
Brock"aye". Motion carried 6-I.
28. The Council considered approval of exaction variances from Section 34-114(5),
perimeter paving, and Section 34-114(17), sidewalks, of the Subdivision and Land Development
Regulations for the Denton Plaza Addition. The 11.6 acre site was located at the southeast
comer of Kimbefly Lane and Karina Lane. The property was in a Light Industrial (LI) zoning
district. An office and call center for the Federal Emergency Management Agency (FEMA) was
proposed. The Planning and Zoning Commission recommended approval (4-1 & 3-2). (7/-01-
0008)
Kristoferson motioned, Young seconded to approve the variances. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock"aye". Motion carried 6-1.
29. The Council considered approval of an exaction variance from Section 34-114(3), street
design standards, concerning right-of-way dedication, of the Subdivision and Land Development
Regulations for a 0.6 acre property located on the west side of Sherman Drive, approximately ¼
mile north of Bell Avenue. The site was in a Single Family (SF-7) zoning district. A
convenience store with gasoline sales was proposed. The Planning and Zoning Commission
recommended approval of a partial variance for 8' of right-of-way dedicated (3-2). (V-01~0005)
J.F. Plangman, 3300 W. University, spoke regarding the variance.
Cochran motioned, Beasley seconded to deny the request for variance.
Beasley withdrew her second to the motion.
Motion died for lack ora second.
Burroughs motioned, Young seconded to graut a partial variance with an eight-foot driveway.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"nay",
Young "aye", and Mayor Brock "aye". Motion carried 6-1.
30. The Council considered and took action on a request for relief from the Non-Residential
Interim Zoning Regulations, Ordinance 2000-069 for a 2.2 acre property located at 1808 N. Elm
Street. The property was in General Retail (GR) zoning district. A Planned D~v~lopm~nt
zoning district to allow both General Retail and Residential uses on the property was proposed.
(RN-OI-O002, 1808 N. Elm StreeO
City of Denton City Council Minutes
April 3, 2001
Page 13
111
Cochran motioned, Burroughs seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carded unanimously.
20. The Council considered adoption of an ordinance approving an employment agreement
and authorizing the Mayor to execute this agreement employing Michael A. Conduff as City
Manager of the City of Denton, Texas; setting the compensation and terms of that employment;
ratifying prior action; and providing an effective date.
The following ordinance was considered:
NO. 2001-152
AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING
THE MAYOR TO EXECUTE THIS AGREEMENT EMPLOYING MICHAEL A. CONDUFF
AS CITY MANAGER OF THE CITY OF DENTON, TEXAS; SETTING THE
COMPENSATION AND TERMS OF THAT EMPLOYMENT; RATIFYING PRIOR ACTION;
AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to approve the ordinance. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carried 6-1.
32. Items from the City Manager
City Manager Jez did not have any items for the Council.
33. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
34. 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 10:45 p.m.
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
CHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS