Minutes June 16, 1998CITY OF DENTON CITY COUNCIL MINUTES
JUNE 16, 1998
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, June 16, 1998 at 5:45 p.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance,
Kristoferson, and Young.
ABSENT: Council Member Burroughs
1. Closed Meeting:
A. Conference with Employees—Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees or questioned employees during a
staff conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, June 16, 1998 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance,
Kristoferson, and Young.
ABSENT: Council Member Burroughs
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PRESENTATIONS/AWARDS
2. Proclamations
Mayor Miller presented the following proclamations:
Amateur Radio Week
Recreation and Parks Month
CITIZEN REPORTS
3. The Council received a report from Mickey George regarding an update on advertising
fliers on utility poles in the Fry Street area and surrounding neighborhoods.
Mr. George stated that there was an ordinance against posting fliers on utility poles in the City.
He noticed that there were many handbills posted on wooden utility poles, metal utility poles and
anything that a flier could be posted on. This was a concern to anyone interested in beautifying
Denton. He understood that the City Manager had directed all City employees that it was part of
their job to remove these types of fliers. On two different occasions he had taken the time to
remove as many fliers as he could in the Fry Street area. It appeared to him that the number of
City of Denton City Council Minutes
June 16, 1998
Page 2
fliers on the poles was decreasing as more and more were removed and the businesses were
contacted about not doing this.
4. The Council received a report from Edward G. Burckart regarding the wind device
ordinance.
Mr. Burckart was not present at the meeting.
5. The Council received a report from Kevin Bradshaw regarding the wind device ordinance.
Mr. Bradshaw was not present at the meeting.
6. The Council received a report from Dessie Goodson regarding a memo dated 6/5/98 from
the City Manager to the City Council regarding Ms. Goodson’s appearance at the May 19, 1998
Council meeting.
Ms. Goodson stated the memo indicated that repairs on Greg Street would cost approximately
$7,000. New sidewalks were recently installed from University to Pearl Street and on Greenlee.
There had to be money for the sidewalks on Greg as the City had $700,000 to revitalize
downtown. The memo indicated that she owed $297 for her utility bill. She did not have a water
leak at her home. The City refunded her money for one bill. She presented information
regarding her utility bill and felt that the City was wrong about what she owed.
CONSENT AGENDA
Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
7. Tax refund to Union Camp in the amount of $11,953.36.
8. NO. 98-174
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR GROUNDWATER MONITORING WELLS; PROVIDING FOR
THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (Bid #2204 – Groundwater Monitoring Wells awarded to ETTL Engineers &
Consultants Inc. in the amount of $87,150.00)
9. NO. 98-175
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF TARRANT RELATING TO
PARTICIPATION IN VARIOUS TARRANT COUNTY CONTRACTS WHICH
PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND
DECLARING AN EFFECTIVE DATE. (File #2231 – Interlocal Agreement with
Tarrant County)
City of Denton City Council Minutes
June 16, 1998
Page 3
10. NO. 98-176
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE ORDER WITH HOUSTON-GALVESTON
AREA COUNCIL OF GOVERNMENT (HGAC) FOR THE PURCHASE OF A
POLICE SEDAN BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY
OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85606 to HGAC in the
amount of $20,679.66)
11. NO. 98-177
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CASTLEMARK CONSULTING,
INC. FOR CONSULTING SERVICES RELATING TO THE APPLICATION OF
SOFTWARE PRODUCTS ON THE MAIN FRAME COMPUTER SYSTEM;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE. (Purchase Order #85608 – Castlemark Consulting, Inc. in the
amount of $35,200.00)
12. NO. 98-178
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE AUTOMATED
CONTROL CAPABILITIES OF THE ELECTRIC SYSTEM SCADA FOR IMPROVED
ELECTRIC LOAD MANAGEMENT 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. (Purchase Order #85607 –
Advanced Control System in the amount of $174,665.00)
13. NO. 98-179
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TWO (2) PUMPER FIRE TRUCK
APPARATUS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (Bid #2190 – Pumper Fire Truck
Apparatus awarded to Fire Storm Fire Apparatus and Equipment/KME Fire Apparatus in
the amount of $551,976.00)
14. NO. 98-180
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A PRIMARY METER SET ENCLOSURE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (Bid #2212 – Primary Meter Enclosure awarded to Cummins
Utility Supply in the amount of $20,325.00)
City of Denton City Council Minutes
June 16, 1998
Page 4
15. NO. 98-181
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ELECTRIC SUBSTATION STEEL,
SWITCHES AND BUSS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2214 – Arco
Substation Phase II Steel, Switches and Buss in the amount of $73,785.00 awarded to
Dis-Tran Corporation)
16. NO. 98-182
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH DIETER
SCHWARZ, TERRA/BAIN, INC., AND NR & RJ PROPERTIES, L.P., RELATING TO
PURCHASE OF PROPERTY IN LAKEVIEW RANCH FOR A SEWER LIFT
STATION AND STREET RIGHT-OF-WAY AND THE CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
17. NO. 98-183
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FURNITURE FOR CITY HALL
RENOVATION PROJECT II; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2210 – Furniture –
City Hall Project II awarded to Wells Furniture For Business in the amount of
$309,593.54)
18. NO. 98-184
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO.
2 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE
MORRISON MILLING COMPANY TO EXTEND THE LEASE FOR WAREHOUSE
SPACE TO A THIRD TERM; AND PROVIDING AN EFFECTIVE DATE.
19. NO. 98-185
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE
APPLICATION TO THE CHILDREN’S TRUST FUND OF TEXAS TO OBTAIN A
GRANT FOR A FAMILY RESOURCE CENTER; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE
CHILDREN’S TRUST FUND OF TEXAS FOR A FAMILY RESOURCE CENTER,
AND PROVIDING AN EFFECTIVE DATE.
20. NO. R98-027
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXECUTION OF AN AMENDMENT NO. 1 TO THE AIRPORT PROJECT
City of Denton City Council Minutes
June 16, 1998
Page 5
PARTICIPATION GRANT FOR STATE ASSISTED ROUTINE MAINTENANCE
BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE DENTON MUNICIPAL AIRPORT; AND
PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS
21. The Council held a public hearing and considered approval of a request to change zoning
from an Agricultural (A) zoning district to a One-Family Dwelling, conditioned, (SF-7[c])
zoning district classification and use designation. The 32.745-acre tract was located in south
Denton, north of Hickory Creek Road, approximately 1,500 feet west of FM 2181. Single family
residential development was proposed. (The Planning and Zoning Commission recommended
approval 5-0.) (Z-97-034)
Dave Hill, Director for Planning and Development, detailed the location of the proposal as
indicated in the agenda materials. The action requested was to change the zoning from
agricultural to Single-Family 7 conditioned. The land use density and intensity of the potential
development appeared to be consistent with the Denton Development Plan. It also was
consistent with surrounding zoning. The conditions recommended were that individual lots
along the eastern and western boundaries of the property would be a minimum of 10,000 square
feet and the balance of the lots would be a minimum of 7,000 square feet interior and on the
north and south sides. A bufferyard would be required along the eastern and western boundaries
of the property. The details of such were included in the agenda materials.
Council Member Cochran asked how many 10,000 square foot lots would be developed.
Hill replied that an estimate would be 30 of such lots along each side.
Council Member Kristoferson asked if the City or County maintained Hickory Creek Road.
Hill replied that the City maintained that road.
Council Member Kristoferson asked how many 10,000 square foot lots had been approved for
the area.
Hill replied approximately 6,000-7,000.
The Mayor opened the public hearing.
Mark Weatherford stated that approximately 35 of the total lots would be SF-10 out of
approximately 110 lots. They had the support of the property owners to the east and west with
the bufferyard on both sides. The property owner to the north also supported the proposal.
Mayor Pro Tem Beasley stated that the drainage issues would be addressed during platting.
Weatherford replied correct.
Council Member Kristoferson asked about drainage in the area.
City of Denton City Council Minutes
June 16, 1998
Page 6
Weatherford stated that there was an area where 3-4 feet of water would collect during a very
heavy rain. He stated that this development along with the development to the south would work
out a drainage plan using a box system of culverts during the platting stage.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Kristoferson stated that she would prefer to see a detailed plan prior to the
platting as it was not known where the streets would be placed, how the drainage would be dealt
with and what the traffic studies were.
Rick Svehla, Deputy City Manager, stated that there were subdivision regulations that would
place certain requirements on the developer.
Council Member Kristoferson asked if those details would be seen by Council.
Svehla replied not in straight zoning as it was done in platting. If the proposal was a planned
development, those details would be seen by Council.
Council Member Kristoferson asked that if the proposal were a planned development, Council
would see it in that form.
Herb Prouty, City Attorney, stated that Council could not change the proposal to a planned
development at this meeting. It would have to be renoticed and heard again at the Planning and
Zoning Commission.
Mayor Miller expressed concern about a change in the rules for developers and their zoning
requests. Was the Council suggesting that the proposals had to be planned developments rather
than straight zoning. If so, that was a fundamental change of the ground rules under which
developers were working.
Hill stated that a planned development allowed for a greater amount of detail to be reviewed by
Council. A developer had a choice on what type of application to request.
Council Member Kristoferson expressed concerns about mitigation of the drainage as there was
nothing in writing at this point in time. The size of the roads within the subdivision and the
layout of those roads were also not known.
The following ordinance was considered:
NO. 98-186
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE ONE FAMILY DWELLING,
CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION WITH TWO CONDITIONS FOR 32.745 ACRES OF LAND
City of Denton City Council Minutes
June 16, 1998
Page 7
LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD,
APPROXIMATELY 1,500 FEET WEST OF F.M. 2181; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried
with a 5-1 vote.
22. The Council held a public hearing and considered rezoning 4.873 acres from a Multi-
Family One (MF-1) zoning district to a Planned Development (PD) zoning district. The property
was legally described as the southern five hundred and twenty-six (526) feet of Tract 288 of the
Eugene Puchalski Survey and was located between I-35 North and Bonnie Brae Street and
Scripture Street and West Oak Street, directly west of the Denton Community Hospital complex.
The purpose of the rezoning was to provide additional parking, office space, and a helipad for the
hospital. (The Planning and Zoning Commission recommended approval 5-0 with conditions.)
(Z-98-022)
Dave Hill, Director of Planning and Development, stated that the requested change in zoning was
from Multi-family 1 to planned development. It was intended to allow the applicant to construct
an office building, locate a parking lot on the site and construct a helipad. The Planning and
Zoning Commission had recommended approval with the two conditions that 17 trees to the
north and south of the helipad be removed to ensure the safety of the helicopter approach to the
helipad and that a second access drive be provided from the Denton County MHMR Center. The
1988 Denton Development Plan showed that the property was within a moderate activity center
and the matrix showed that it was consistent with all but the land use diversity issue. The
original site plan had access from the rear hospital parking lot that looped around the proposed
office building. In conjunction with that was the proposed landscape plan that far exceeded the
requirements of the landscape ordinance. A second version of the site plan was submitted which
showed the Planning and Zoning Commission’s recommendations. That version showed a
change in that there would be a point of access from the Denton County MHMR property. The
Director of the MHMR Center had been authorized to enter into negotiations to secure the
access. The second site plan also showed the removal of the trees on the north and south as
recommended by the Planning and Zoning Commission. Even with the reduction in the trees,
the landscape ordinance requirements were met.
Council Member Cochran asked how close the helipad was to the Vintage Apartments and the
other apartments in the area.
Hill stated that it was approximately 200-300 feet from the buildings.
Council Member Cochran asked about the trip generation and the fact that it was not directly
adjacent to a public street. He questioned if the generation been added to the Denton
Community Hospital numbers.
Hill stated that there was an access drive along existing parking and the emergency area spaces
along the southern property line of the hospital. The existing location would be over a culvert
City of Denton City Council Minutes
June 16, 1998
Page 8
and there was some concern that access might at some time be blocked to the helipad. That was
the reason for the recommendation for a second entrance.
Council Member Cochran felt that there might be problems with the traffic going through an
adjacent parking lot and not having direct access to a street.
The Mayor opened the public hearing.
Charles Krock, engineer on the project, stated that he would respond to any technical questions
the Council might have regarding the proposal. The spaces along the southern property line of
the hospital indicated that the helicopter flights would not be coming in over the apartments but
would be arriving from the north whenever possible.
Tim Charles, Denton Community Hospital, stated that currently the helicopters landed in the
parking lot of the hospital and the backyard of the Vintage and the helipad would be a much
needed improvement.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-187
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM MULTI-FAMILY (MF-1) ZONING DISTRICT CLASSIFICATION
TO PLANNED DEVELOPMENT 166 (PD-166) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 4.873 ACRES OF LAND
SURROUNDED BY I-35 NORTH AND BONNIE BRAE AND SCRIPTURE STREET
AND WEST OAK STREET; APPROVING A DETAILED PLAN AND A
LANDSCAPE PLAN FOR DISTRICT; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
23. The Council held a public hearing and considered rezoning 2.297 acres from a
Commercial (C) zoning district to a Multi-Family One (MF-1) zoning district. The property was
legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south
side of I-35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and
Teasley Lane. The proposal was to develop a multi-family complex. (The Planning and Zoning
Commission recommended approval 5-0.) (Z-98-025)
Dave Hill, Director of Planning and Development, stated that this item was a rezoning of a 2.297
acre tract from commercial zoning to multi-family 1. The property was zoned commercial in
1983 and had remained undeveloped since that time. The property was not platted and would
need to be platted prior to any development. The applicant owned 4.155 acres just south of this
City of Denton City Council Minutes
June 16, 1998
Page 9
site that was already zoned and platted multi-family 1. Street access would occur through Jason
and could extend to the I35E frontage road that was one-way east. The roadway access was
considered to be adequate to handle the proposed development. Sidewalks and drainage
improvements would be required. No neighborhood meeting was held.
Council Member Kristoferson stated that the extension of Jason was not advisable due to the fact
that it could join the access road at a point of an exit ramp. She questioned if the development
could be done without Jason connecting to I35.
Rick Svehla, Deputy City Manager, stated that staff did not recommend the extension of Jason.
The small site already had an access to Jason but more in terms of a private drive rather than a
straight through access. Staff would not recommend a straight through movement through
Londonderry to I35.
The Mayor opened the public hearing.
Patrick Connors presented a proposed layout of the development. Breakaway gates would be
placed for emergency vehicles.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Kristoferson stated that she was going to make a motion to deny the proposal.
It had been mentioned that the City needed to diversify the tax base and cut down on multi-
family and residential development and expand the tax base to offer employment centers for
residents. There was a large amount of multi-family zoning already in the area. She would
prefer to have it remain commercial rather than additional residential zoning.
Kristoferson motioned, Durrance seconded to deny the request.
Mayor Pro Tem Beasley stated that she would be voting against the motion. There was already
multi-family in the area and a small portion of the proposal was on the highway. The property
was near UNT and this was the type of housing that students needed. She did not think
commercial would be developed in the interior portion of the property.
Mayor Miller stated that he too would be voting against the motion.
Council Member Durrance stated that this proposal was located on a scenic corridor. Density
was a concern as was the traffic flow. He felt that this proposal emphasized the problems with
overlay zoning for entrances, etc.
On roll vote, Beasley “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”,
and Mayor Miller “nay”. Motion failed with a 3-3 tie vote.
Beasley motioned, Young seconded to approve the proposal. On roll vote, Beasley “aye”,
Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”.
Motion failed with a 3-3 tie vote.
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June 16, 1998
Page 10
Mayor Miller stated that under the Council’s Rules of Procedure a tie vote automatically placed
the item on the next agenda when a complete Council was present.
24. The Council held a public hearing and considered approval of an amendment of a
detailed plan within a Planned Development (PD-87). The 4.708-acre tract was located in south
Denton on the west side of Lillian Miller Parkway, between I-35E and Southridge Drive. The
current detailed plan was for single-family residential development; office development was
proposed. (The Planning and Zoning Commission recommended approval 3-2.) (Z-98-023)
Dave Hill, Director of Planning and Development stated that the action requested was approval
of an amended detail plan for a portion of PD-87. The land use intensity concentration and strip
commercial criteria were consistent with the 1988 Denton Development Plan. The traffic design,
intensity, green space and neighborhood input criteria were compatible with surrounding
development. The Planning and Zoning Commission recommended twelve conditions that were
included in the agenda materials and were similar to previously approved office developments in
the general area. The major access to the planned development would be central to the planned
development lot. There was also an emergency fire access to Southridge Drive but it would not
be an available access route for regular traffic. A breakaway gate would be installed in that area.
A twenty foot buffer strip would be installed on the property. There were some inconsistencies
between the Planning and Zoning Commission recommendations and the revised detailed plan.
The uses recommended by the Planning and Zoning Commission were limited to professional,
medical, dental or business administrative services, small animal clinic or public park or open
space. There was a difference between the recommendation from Planning and Zoning and the
developer regarding floor area or roof area that should not make a large difference to the
development. The exterior walls would be built of brick, brick veneer or other masonry
materials. The detailed plan also did not include a requirement of 12 trees per 100 linear feet to
be planted or maintained in the bufferyard and 33% or more had to be large trees with a large
fence (no less than 6 feet in height). The 20% rule did not apply for this case and there was a
response from a property owner outside the 200 feet who was in opposition. The Planning and
Zoning Commission approved the proposal with concerns about the traffic on Lillian Miller and
concerns on whether the buffering would adequately address the adjacency issue for the single-
family residences.
Council Member Kristoferson questioned that if the single-family residences were allowed to
continue to be zoned, would the curb cut access be allowed on Lillian Miller.
Mark Donaldson, Assistant Planning Director, stated that the current detailed plan had two
access points on Lillian Miller and one on Southridge to access two single-family lots that
fronted on Southridge. There would be a private road on the property to provide the access to
the other eight single-family lots.
Council Member Kristoferson asked if the proposal would be at least 50% of green space.
Hill stated that between the landscape buffer and the maximum square footage, it would be well
over the 20% requirement of the landscape ordinance.
Council Member Kristoferson expressed a concern with the ten single-family residences that
would be remaining on the 4.6 acres on the south. At the neighborhood meeting, it was
City of Denton City Council Minutes
June 16, 1998
Page 11
expressed that deed covenants would be written to protect those lots. She questioned if that
would happen to those deed covenants at the time of sale.
Hill stated that deed covenants were private agreements between the property owner and the
prospective buyer. The City did not recognize those as being either in compliance or not in
compliance with municipal regulations.
Herb Prouty, City Attorney, stated that the City could not enforce private deed covenants and did
not regard them in the process of evaluating the zoning or the conditions on the zoning. The
private parties could enforce them.
The Mayor opened the public hearing.
Dale Irwin stated that he was proposing an office development on this tract. The zoning issue
was just for the northern part of the property. This would be a small, low density office building
complex. This proposal would be very similar to the Carroll Boulevard project that he built with
the exception that the proposed complex would consist of one story buildings instead of two. It
was felt that this complex would be the best use of the land that fronted Lillian Miller as it was
felt that single-family homes would not be developed along the front of Lillian Miller.
Mayor Miller asked about the differences between the detailed plan and the Planning and Zoning
Commission recommendations.
Irwin replied that the main issue was that 6,000 square feet per roof area was more of a design
question. If a building were designed properly, entrances would be built that were covered by a
roof. It would be preferred to not have those designs included in the building area. He would
prefer the 6,000 square feet of floor area.
Mayor Miller asked if there were any other items that differed.
Hill stated that the Planning and Zoning Commission limited the uses to professional, medical,
dental or business administrative services. The applicant had proposed a wider variety of land
uses.
Irwin indicated that he did not have a problem with the uses as proposed by the Planning and
Zoning Commission.
Mayor Miller asked if there were any post-Planning and Zoning Commission issues that had to
be dealt with.
Hill stated that staff would be acceptable with the 6,000 square feet of floor area.
Craig Irwin stated that it was felt that this was the best use of the property due to other zoning in
the area. It was felt that Southridge Drive would be a good breaking point in the zoning. A
st
neighborhood meeting was held May 21 and as a result, the proposal was changed.
George Gibson spoke in support of the proposal.
City of Denton City Council Minutes
June 16, 1998
Page 12
Alvin Whaley, Brennan Gourdie, Elizabeth Gourdie, Ann Marchand, Paul Baris, and Janell
Trachta spoke in opposition. Windy Harris, and Marcilla Collinsworth presented speaker cards
in opposition but did not wish to address Council.
The petitioner was allowed a five-minute rebuttal. Craig Irwin stated that notices were sent out
for a second neighborhood meeting for June 10th and they had asked for phone calls with
questions or concerns. No one came to that second meeting. He indicated that some of the
people who had made comments in opposition to the proposal were the same individuals who
had contacted them to purchase the property and had asked for no restrictions for offices. It
concerned him that behind the scenes, those individuals had asked them to sell the property and
keep the restrictions off so that those individuals could build offices on the same property.
Previously built homes were sold without a reduction in value when other offices were built in
the area.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-188
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 93-232 TO PROVIDE FOR AN AMENDMENT TO AN APPROVED DETAILED
PLAN FOR 4.708 ACRES OF LAND CURRENTLY WITHIN PLANNED
DEVELOPMENT DISTRICT EIGHTY-SEVEN (PD-87) LOCATED ALONG THE
WEST SIDE OF LILLIAN MILLER PARKWAY BETWEEN INTERSTATE 35E AND
SOUTHRIDGE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance with all conditions as recommended
by the Planning and Zoning Commission including the 6,000 square foot floor area.
Council Member Young felt that these offices would be the best development of this property.
Council Member Durrance felt that this proposal involved the question of neighborhood integrity
in the area. This was a piece meal approach to this situation. The broader picture needed to be
kept in mind with traffic, intensity and density.
Mayor Miller felt that this proposal would be good for the area and good for Denton.
Council Member Kristoferson felt that this was a good proposal but that she would be voting
against it due to the comments by the citizens living in the area.
On roll vote, Beasley “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”,
and Mayor Miller “aye”. Motion carried with a 4-2 vote.
City of Denton City Council Minutes
June 16, 1998
Page 13
25. The Council held a public hearing regarding the proposed annexation of a 15.088-acre
property located east of Swisher Road near its intersection with Edwards Road in Denton’s
extraterritorial jurisdiction northeast of I-35E. (A-77)
Dave Hill, Director of Planning and Development, stated that this was a voluntary annexation
petition by the property owner. This was the second public hearing required by State law.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
st
Mayor Miller indicated that this item would be on the July 21 agenda for consideration.
ITEMS FOR INDIVIDUAL CONSIDERATION
26. The Council considered approval of a resolution regarding Land Use Assumptions for
Impact Fee Implementation.
Jill Jordan, Director of Water/Wastewater, stated that a public hearing had already been held on
these land use assumptions. These assumptions would be the basis for calculating the impact
fees that would be considered at a later date.
The following resolution was considered:
NO. R98-028
A RESOLUTION REGARDING LAND USE ASSUMPTIONS FOR IMPACT FEE
IMPLEMENTATION.
Durrance motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley
“aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”.
Motion carried with a 5-1 vote.
27. The Council considered adoption of an ordinance authorizing the City Manager to
execute a professional services agreement for the development of a Library Master Plan;
authorizing the expenditure of funds therefor; and providing an effective date. (RFSP #2128 –
Public Library Master Plan awarded to Carol Brown Associates in the amount of $46,475.00)
Eva Poole, Library Director, stated that this ordinance would hire Carol Brown Associates to
develop and prepare a master plan for organization, services and facilities to meet the future
needs of the library system. This plan would contain three components – a mater plan for the
library system, services and organization; a building needs assessment for the Emily Fowler
Library; and a facilities plan to bring the Emily Fowler Library to standard.
City of Denton City Council Minutes
June 16, 1998
Page 14
The following ordinance was considered:
NO. 98-189
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR THE DEVELOPMENT OF A
LIBRARY MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2128 – Public
Library Master Plan awarded to Carol Brown Associates in the amount of $46,475.00)
Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
28. The Council considered adoption of an ordinance superceding and repealing Ordinance
No. 96-274 to add a school safety speed zone for McMath Middle School; designating and
establishing school safety speed zones; reducing the maximum prima facie speed limit for said
school safety speed zones to speeds found to be reasonable and safe by the Engineering and
Traffic Department investigations for the designated hours; providing for school bus loading
zones at certain schools; providing a penalty of a fine not to exceed two hundred dollars
($200.00); providing a severability clause; providing for publication; and declaring an effective
date.
Rick Svehla, Deputy City Manager, stated that this would establish a school zone for the
McMath Middle School and would cover both the entrances and exists to McMath School.
The following ordinance was considered:
NO. 98-190
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 96-274 TO
ADD A SCHOOL SAFETY SPEED ZONE FOR MCMATH MIDDLE SCHOOL;
DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES;
REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL
SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE
BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR
THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES
AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE
Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
29. The Council considered adoption of an ordinance authorizing the Mayor to execute
Amendment Number Five to the agreement between the City of Denton and HDR Engineering,
Inc. for professional engineering services for the City of Denton sanitary landfill development
City of Denton City Council Minutes
June 16, 1998
Page 15
and expansion, relating to Phase IV and Phase V thereof; providing for the expenditure of funds
therefore; and providing for an effective date.
Jerry Cosgrove, Engineering Administrator, stated that the amendment was needed for an
increase in the inspection time for installation of the liner, an increase in inspection time due to
the longer construction period and additional modifications of the landfill permit since the
original approval of the permit.
The following ordinance was considered:
NO. 98-191
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
NUMBER FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND
HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR
THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT AND
EXPANSION, RELATING TO PHASE IV AND PHASE V THEREOF; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
30. The Council considered approval of a resolution approving a Right-of-Way Use
Agreement between the City of Denton, Texas and Hills of Argyle Monticello, Ltd.; and
declaring an effective date. (The Planning and Zoning Commission recommended approval 5-0)
Rick Svehla, Deputy City Manager, stated that this agreement would allow the developer to build
and landscape medians within the City’s right-of-way. The agreement was reviewed and
recommended to Council by the Planning and Zoning Commission.
Richard Myers spoke in favor of the proposal.
Council Member Durrance asked about gates to the entrances.
Myers stated that there would be gates that would always be open. It would give the appearance
of a gated community but they would be welded open and were not operational.
Herb Prouty, City Attorney, stated that the ordinance in the agenda materials had allowed
landscaping, irrigation, decorative fencing and stone work in the medians. The recommendation
from the Planning and Zoning Commission was to limit what could be placed in the medians to
live plants and associated underground irrigation systems. The new resolution placed before
Council followed the Planning and Zoning Commission recommendation by limiting the
agreement to live plants and the irrigation system.
Mayor Pro Tem Beasley stated that nothing would be built over the City’s utilities.
City of Denton City Council Minutes
June 16, 1998
Page 16
Myers stated that everything was purposely designed in the medians. There would be a private
sewer system and the water line was outside the road.
The following resolution was considered:
NO. R98-029
A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND HILLS OF ARGYLE MONTICELLO, LTD.;
AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to approve the resolution with the original request by
the applicant. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”,
Young “nay”, and Mayor Miller “aye”. Motion carried with a 4-2 vote.
31. The Council considered approval of a resolution establishing the maximum rates that
Marcus Cable Association, L.L.P., may charge its Denton Cable Television subscribers for the
basic service tier and associated equipment; establishing a maximum hourly service charge;
providing a severability clause; and providing an effective date. (The Cable Television Advisory
Board recommended approval of the Consultant’s recommendation of maximum permitted rates
6-0.)
Richard Foster, Public Information Officer, stated that this resolution would approve the
maximum rates that Marcus Cable could charge through May 31, 1999 for basic cable service,
equipment associated with that and the hourly service charge. The rates would be $9.44 per
month for the basic cable service, $26.81 for the hourly service charge. $.18 per month for the
remote controls, $3.22 for addressable converters, $1.19 per month for non-addressable
converters, $3.43 for advanced analog converters and $2.00 for changing tiers.
The following resolution was considered:
NO. R98-030
A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS
CABLE ASSOCIATION, L.L.P., MAY CHARGE ITS DENTON CABLE
TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND
ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE
CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”.
Motion carried with a 5-1 vote.
32. The Council considered a report, held a discussion, and gave staff direction regarding an
expenditure not to exceed $4,000 for funding of an archival study and archeological survey of
the original site of Pickneyville.
City of Denton City Council Minutes
June 16, 1998
Page 17
Bullitt Lowry, Chair-Historic Landmark Commission, stated that the County would be
contributing $3,500 of the $7,240 estimated cost of this project.
Young motioned, Beasley seconded to approve the funding. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
33. The Council considered adopting an ordinance authorizing a joint public hearing with the
Planning and Zoning Commission and the City Council to be held on August 4, 1998 pursuant to
Texas Local Government Code Section 211.007(b) at the City Council Chambers at 7 o’clock
p.m. to consider recommendation and action upon an ordinance creating a corridor overlay
district; prescribing notice of the joint meeting pursuant to Texas Local Government Code
Section 211.007(d) by running newspaper ad and mailing notice to owners within the proposed
defined corridor boundaries.
Dave Hill, Director of Planning and Development, stated that this ordinance was a result of the
Council’s direction to staff at the last work session. Council directed staff to notify property
owners within the corridors as defined for entranceways and gateways and to conduct newspaper
ads and to set a joint meeting between the Planning and Zoning Commission and the City
Council.
The following ordinance was considered:
NO. 98-192
AN ORDINANCE AUTHORIZING A JOINT PUBLIC HEARING WITH THE
PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE
HELD ON AUGUST 4, 1998 PURSUANT TO TEXAS LOCAL GOVERNMENT
CODE SECTION 211.007(B) AT THE CITY COUNCIL CHAMBERS AT 7 O’CLOCK
P.M. TO CONSIDER RECOMMENDATION AND ACTION UPON AN ORDINANCE
CREATING A CORRIDOR OVERLAY DISTRICT; PRESCRIBING NOTICE OF THE
JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE
SECTION 211.007(D) BY RUNNING NEWSPAPER AD AND MAILING NOTICE TO
OWNERS WITHIN THE PROPOSED DEFINED CORRIDOR BOUNDARIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
34. The Council considered adoption of an ordinance of the City of Denton naming the
activity stage at Fred Moore Park after C.H. Collins, and declaring an effective date. (Parks and
Recreation Board recommended approval.)
Mike Jez, Assistant City Manager for Operations, stated that this ordinance would name the
activity stage at Fred Moore Park after C.H. Collins who was a long time coach and teacher with
the Denton Independent School District. The back-up materials indicated how his name was
selected for the stage.
City of Denton City Council Minutes
June 16, 1998
Page 18
The following ordinance was considered:
NO. 98-193
AN ORDINANCE OF THE CITY OF DENTON NAMING THE ACTIVITY STAGE
AT FRED MOORE PARK AFTER C.H. COLLINS, AND DECLARING AN
EFFECTIVE DATE. (PARKS AND RECREATION BOARD RECOMMENDED
APPROVAL.)
Young motioned, Durrance seconded to approve the resolution. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
35. The Council considered approval of a resolution canceling the regular City Council
meeting of July 7, 1998, and the City Council work sessions of June 23, 1998 and July 14, 1998.
The following resolution was considered:
NO. R98-031
A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF
JULY 7, 1998, AND THE CITY COUNCIL WORK SESSIONS OF JUNE 23, 1998
AND JULY 14, 1998.
Young motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
36. The Council received a report and considered a recommendation from the Oversight
Committee.
Rick Svehla, Deputy City Manager, stated that three projects were recommended by the
Oversight Committee. Those projects were the signal improvements at Jason and Londonderry,
the median cut for the Southridge Center back entrance/entrance to the Morning Star Extended
Care Facility and the improvements to the apron at the Municipal Airport.
Beasley motioned, Young seconded to approve the recommendations. On roll vote, Beasley
“aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
37. The Council considered appointments to the City Council committees.
Ted Benavides, City Manager, stated that there were several committees that needed
replacements and a new committee was being formed for environmental issues.
The Council made the following recommendations
Agenda Committee – Mayor Pro Tem Beasley
City of Denton City Council Minutes
June 16, 1998
Page 19
Audit Committee – Council Member Burroughs
Investment Policy Committee – Council Member Kristoferson
Municipal Court Adv. Committee – Council Members Durrance, Kristoferson and Young
Vision For Denton – Mayor Pro Tem Beasley, Council Member Burroughs
Lalor Fund Committee – Mayor Pro Tem Beasley, Council Members Young and Cochran
Community Justice Council – Council Member Durrance
Lake Ray Roberts P&Z – Council Member Young
Convention & Visitors Bureau – Mayor Pro Tem Beasley
Joint Tax Abatement Committee – Held for next meeting
Environmental Issues Committee – Held for future meeting
38. The Council considered approval of a resolution nominating a member to the Board of
Managers of the Denco Area 9-1-1 District; and declaring an effective date.
Beasley motioned to nominate David Fowler, Assistant Chief of Police for the City of
Lewisville, as a member of the Board of Managers of the Denco Area 9-1-1 District. On roll
vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
39. The Council considered nominations and appointments to the City’s Board and
Commissions.
The Council made various nominations as indicated in the handout located in the agenda back-up
materials.
40. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
41. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Durrance requested a work session item regarding a citizen’s liaison
committee and appointment of Council Members to an Environmental Services Committee and
how that committee would interact with other committees within the City.
B. Council Member Kristoferson requested staff to research and develop a plan development
overlay district with the assistance of Terry Morgan and Associates to address the unique
considerations of the planned development districts present to the city. Included in the
information would be the costs and time necessary to complete this item or preliminary
assessment of vacant zoned land within and outside the approved planned developments, any
options that might be available as opposed to planned development overlay districts and an
assessment of the completion of time if these issues were addressed during the comprehensive
plan process.
Mayor Miller suggested presenting the subject matter at a work session to see if the entire
Council wanted to proceed with such an item.
City of Denton City Council Minutes
June 16, 1998
Page 20
42. The Council did not meet in a continuation of the Closed Meeting under Sections 551-
071–551.085 of the Texas Open Meetings Act.
43. There was no official action taken on Closed Meeting items held under Section 551-071–
551.085 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 12:00 midnight.
_________________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
_______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS