Minutes June 01, 1999 CITY OF DENTON CITY COUNCIL MINUTES
June 1, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, June 1, 1999 at 5:15 p.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs,
Cochran, Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
1. Discussed and consulted with the City’s attorney, including outside legal
counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A
and Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-362, filed in the
nd
362 District Court of Denton County, Texas, including strategy and possible settlement
negotiations.
2. Discussed status and considered settlement authority in litigation styled
th
Hale v. City of Denton, Cause No. 98-10635-16, pending in the 16 District Court of Denton
County, Texas
B. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
C. Deliberations regarding Real Property – Under TEX. GOV’T. CODE Sec.
551.072; and Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
1. Discussed and considered direction regarding an ordinance declaring a
public necessity exists and finding that public welfare and convenience requires the taking and
acquiring of a drainage easement in two parcels of land comprising 0.209 acres and 0.910
acres, respectively, located in the H. Sisco Survey, Abstract No. A-1184, owned by Jasper
Kuykendall, Sr.; authorizing the City Manager or his designate 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 drainage improvements for the PEC-4
Tributary of Pecan Creek; and declaring an effective date.
2. Discussed and considered direction regarding an ordinance authorizing
the City Manager to execute an assignment of a real estate contract to the City of Denton from
R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by the utility
department for future expansion needs of Solid Waste and Water.
Regular Meeting of the City of Denton City Council on Tuesday, June 1, 1999 at 6:00 p.m. in
City of Denton City Council Minutes
June 1, 1999
Page 2
the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs,
Cochran, Durrance, Kristoferson and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and
Texas flags.
AWARDS/PRESENTATIONS
2. Yard of the Month Awards
Mayor Miller presented the following Yard of the Month awards:
Sandy and Barbara Brown
Frank and Carol Dalton
Pam Bleigh
Kermit and Shirley Dye
M. Scott Lipscomb, D.D.S. – Business Award
CITIZEN REPORTS
3. The Council received a report from Mildred Hawk regarding the transfer of iron
bridges to the City and the use of them.
Ms Hawk presented a picture of a bridge proposed for Fred Moore Park and suggested using
one of the County’s historic bridges in place of the proposed bridge. There would be no cost
to the City with scheduling the moving of the bridge being the biggest problem. She suggested
using some Lalor funds if necessary.
4. The Council received a report from Willie Hudspeth regarding drainage easements at
623 Newton Street.
Mr. Hudspeth again expressed concern regarding the proposed drainage improvements in the
area and the removal of his trees in the drainage easement.
5. The Council received a report from Dessie Goodson regarding the City of Denton and
SPAN.
Ms Goodson expressed concern about the transportation system in Denton and the services
provided by SPAN.
City of Denton City Council Minutes
June 1, 1999
Page 3
NOISE EXCEPTION
6. The Council considered a request for an exception to the noise ordinance for a Battle
of the Bands competition hosted by the Adults for Youth in Denton. The activities are on June
12, 1999 from 8:00 p.m. to midnight at Civic Center Park. The exception request was from
10 p.m. to midnight. The event was in conjunction with the Parks and Recreation Department
and Denton Teen Council.
Beasley motioned, Young seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
CONSENT AGENDA
Council Member Durrance requested that Item #12 be pulled for separate consideration.
Beasley motioned, Burroughs seconded to approve the Consent Agenda and the accompanying
ordinances except for Item #12. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
7. NO. 99-177
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EVERS PARK
BASEBALL FIELDS, PHASE II; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2356 –
EVERS PARK BASEBALL FIELDS PHASE II, AWARDED TO DEAN ELECTRIC,
INC. DBA DEAN CONSTRUCTION IN THE AMOUNT OF $559,387).
8. NO. 99-178
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF 13 AND 29 PASSENGER TRANSIT
VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 2360 – TRANSIT VEHICLES 13
AND 29 PASSENGER WITH WHEELCHAIR POSITIONS AWARDED AS LISTED
BELOW IN THE TOTAL AMOUNT OF $509,362).
9. NO. 99-179
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT
FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 2365 – DECORATIVE
City of Denton City Council Minutes
June 1, 1999
Page 4
STREETLIGHT FIXTURES AWARDED TO HADCO IN THE ESTIMATED
AMOUNT OF $320,000).
10. NO. 99-180
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
LEASE OF HARDWARE AND SOFTWARE MAINTENANCE WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 95213 – ZEROX CORPORATION IN THE AMOUNT
OF $37,977).
11. NO. 99-181
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
SOFTWARE AND ONSITE TRAINING AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSIONS THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 95214R – MANAGED INFORMATION
SERVICES, INC. IN THE AMOUNT OF $74,042.10).
13. NO. 99-182
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH WIER & ASSOCIATES, INC.
FOR BRINKER ROAD EXTENSION ENGINEERING SERVICES; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
The Council suspended the rules and considered Item #12.
12. The Council considered approval of a resolution by the City of Denton, Texas
authorizing the City Manager to sign and submit to the Department of Housing and Urban
Development a 1999 Action Plan for Housing and Community Development with appropriate
certifications, as authorized and required by the Housing and Community Development Act of
1974, as amended and the National Affordable Housing Act of 1990, as amended; and
providing for an effective date.
Council Member Durrance stated the Council should deny the funding to Denton Affordable
Housing Corporation and do a set aside for a CHDO.
City of Denton City Council Minutes
June 1, 1999
Page 5
Kristoferson motioned, Beasley seconded to approve the resolution and to take out the funding
for Denton Affordable Housing and to set aside for a CHDO.
The following individuals spoke on the issue:
Carol Lewis, 325 Kingfisher, Denton, 76201 – opposition
Stephen A. Camp, 3319 Oriole Lane, Denton, 76201 – opposition
Kristin Hollinger, 3411 Meadowlark, Denton, 76201 – opposition
James Fagan, 3304 Woodthrush Lane, Denton, 76201 – opposition
Mason Haggard, 504 Kingfisher Court, Denton, 76201 – opposition
Elizabeth Fagan, 3304 Woodthrush, Denton, 76201 – opposition
Don Beuthien, 3028 Weston, Denton, 76201 – opposition
Ruth Bowen, 3008 Weston, Denton, 76201 – opposition
Mayor Miller stated that he had speaker cards from the following individuals regarding the
funding for Denton Affordable Housing Corporation who did not wish to address the Council:
Kyle Hicks, 2820 Barnes, Denton, 76201 – opposition
William Stamm, 2804 Christopher Drive, Denton, 76201 – opposition
Tammy Wright, 408 Pace, Denton, 76201 – opposition
Linda Haggard, 504 Kingfisher Court, Denton, 76201 – opposition
Lori Jones, 404 Conditt, Denton, 76201 – opposition
John Jones, 404 Conditt, Denton, 76201 – opposition
Marietta Martin, 3216 Oriole, Denton, 76201 – opposition
Carlton Wendel, 3300 Woodthrush, Denton, 76201 – opposition
Bryan & Lori Collins, 3319 Kingfisher, Denton, 76201 – opposition
Walter Bowen, 3008 Weston Drive, Denton, 76201 – opposition
Lisa McDonald, 3411 Meadowlark, Denton, 76201 – opposition
Ben Fisher, 409 Mockingbird Lane, Denton, 76201 – opposition
Cynthia Chandler, 409 Mockingbird Lane, Denton, 76201 – opposition
Jeannine Wendel, 3300 Woodthrush, Denton, 76201 – opposition
Coleman Holt, 3032 Weston Drive, Denton, 76201 – opposition
Larry and Sally Fitch, 401 Kingfisher, Denton, 76201 – opposition
Kathy White, 2812 Christopher Drive, Denton, 76201 – opposition
Leroy White, 2812 Christopher Drive, Denton, 76201 – opposition
Sherey Thompson, 2804 Paisley Street, Denton, 76201 – opposition
Mr. & Mrs. Lawrence Cochran, 3409 Kingfisher Lane, Denton, 76201 – opposition
Sandy Turner, 3217 Oriole, Denton, 76201 – opposition
Ken Turner, 3217 Oriole, Denton, 76201 – opposition
Jack Harris, 2744 Mill Pond, Denton, 76201 – opposition
Jaime Harris, 2744 Mill Pond, Denton, 76201 – opposition
Margaret Lester, 3410 Kingfisher Lane, Denton, 76201 – opposition
Beth Ross, 3312 Kingfisher Lane, Denton, 76201 – opposition
Mauro Rodriguez, 3212 Oriole Lane, Denton, 76201 – opposition
Rosa Rodriguez, 3212 Oriole Lane, Denton, 76201 – opposition
Wendy Mayfield, 3321 Kingfisher Lane, Denton, 76201 – opposition
City of Denton City Council Minutes
June 1, 1999
Page 6
Evelyn Pares, 2804 Barnes Drive, Denton, 76201 – opposition
Agustin Pares, 2804 Barnes Drive, Denton, 76201 – opposition
Jami and Mark Manning, 417 Meng Circle, Denton, 76201 – opposition
Joy Patterson, 421 Meng Circle, Denton, 76201 – opposition
Cindy Bickhaus, 2800 Christopher Drive, Denton, 76201 – opposition
Bob Trent, 3308 Woodthrush, Denton, 76201 – opposition
Marcia Trent, 3308 Woodthrush, Denton, 76201 – opposition
Douglas Morgan, 400 Conditt Circle, Denton, 76201 – opposition
Jean Pekara, 3403 Kingfisher Lane, Denton, 76201 – opposition
Paul Abbott, 3224 Oriole Lane, Denton, 76201 – opposition
Penni Abbott, 3224 Oriole, Denton, 76201 – opposition
Diane Malas, 2905 Barnes Drive, Denton, 76201 – opposition
Jennifer Abbott, 3224 Oriole Lane, Denton, 76201 – opposition
Judy Patman, 3505 Meadowlark, Denton, 76201 – opposition
Jennie Davis, 3416 Oriole, Denton, 76201 – opposition
Jan Grauso, 3323 Kingfisher Lane, Denton, 76201 – opposition
Andy Joe Thomas, 3318 Meadowlark, Denton, 76201 – opposition
Neva Thomas, 3318 Meadowlark, Denton, 76201 – opposition
Maude Bupp, 2812 Weston Drive, Denton, 76201 – opposition
Linda Orr, 3001 Anysa, Denton, 76201 – opposition
Don Linton, 2805 Anysa Lane, Denton, 76201 – opposition
Eva Linton, 2805 Anysa Lane, Denton, 76201 – opposition
The following resolution was considered:
NO. R99-021
A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT A 1999 ACTION PLAN FOR
HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE
NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND
PROVIDING FOR AN EFFECTIVE DATE.
On roll vote, Beasley “aye”, Burroughs “nay”, Cochran “nay”, Durrance “aye”, Kristoferson
“aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 4-3 vote.
POSTPONED ITEMS
14. The Council considered adoption of three ordinances on annexing three tracts of land
located in the southwestern section of the City of Denton extraterritorial jurisdiction,
amounting to approximately 2,549 acres of land. Second reading.
City of Denton City Council Minutes
June 1, 1999
Page 7
a. Tract #1 (A-80): approximately 1,952 acres of land located at the southwestern
edge of the City of Denton’s extraterritorial jurisdiction, between Crawford and
Lively Roads, approximately 5,800 feet west from I-35W, and east from
Florence Road. (Robson property)
b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width
extending north from Crawford Road, and extending to the west approximately
5,800 feet from I-35W. (Hillwood property)
c. Tract #3 (A-82): approximately 472 acres of land, located between I-35W and
U.S. 377, north of Crawford Road, and south of Alred Road. (Huffines
property)
The following individuals spoke on the issue:
James Wallace, 1662 W. Jeter, Bartonville, 76226 – support
Doug Robison, 418 Old Justin Rd., Argyle, 76226 – support
Council Member Kristoferson mentioned the letter the Council had received from Larry
Cullen, Argyle City Council Member, requesting the City of Denton facilitate a meeting with
Argyle ISD and the citizens of Argyle advising them before any zoning took place.
Young motioned, Burroughs seconded to postpone consideration of these items until June 8,
1999. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
LAND USE RESOLUTIONS
15. The Council considered a resolution adopting limitations on acceptance and processing
of applications for establishment of multiple-family dwellings; including definitions;
establishing appeals and exceptions procedures; providing for exemptions; providing a
severability clause; and providing an effective date
Terry Morgan stated that this resolution would postpone applications for multi-family
development for 120 days.
The following individuals spoke regarding the issue:
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 – support
William Williamson, 3321 Westgate Dr., Denton, 76207 – support
Bob Shelton, 3505 Teasley, Denton, 76205 – support
Barry Howard, Fairfield Residential – support
Shelley Shay, 2524 John Dr., Denton, 76207 – support
Bill Gambs, 2524 Bauer, Denton, 76207 – support
Jane Jackson, 2633 Bauer Dr., Denton, 76207 – support
Sharon and Frank Harmon, 2119 Greenway Dr., Denton, 76207 – support
City of Denton City Council Minutes
June 1, 1999
Page 8
The following resolution was considered:
NO. R99-022
A RESOLUTION ADOPTING LIMITATIONS ON ACCEPTANCE AND
PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTIPLE-
FAMILY DWELLINGS; INCLUDING DEFINITIONS; ESTABLISHING APPEALS
AND EXCEPTIONS PROCEDURES; PROVIDING FOR EXEMPTIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Cochran motioned, Beasley seconded to approve the resolution with the exception to Section 7
exemptions which would be eliminated from the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and
Mayor Miller “aye”. Motion carried with a 6-1 vote.
16. The Council considered approval of a resolution authorizing the City Manager to
execute a Memorandum of Understanding on behalf of the City of Denton with Fairfield
Centre, Ltd. or its successor, relating to the use of a portion of North Lakes Park for the
expansion of Bonnie Brae to allow for the construction of left turn lanes and other
improvements; and providing an effective date.
Deputy City Manager Rick Svehla recommended to the Council not to take action on this item
since they had approved the resolution in item #15, which included Fairfield.
Young motioned, Burroughs seconded to postpone consideration of the item. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”,
Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote.
PUBLIC HEARINGS
17. The Council held a public hearing and considered adoption of three ordinances to
temporarily designate three tracts of annexed land, amounting to approximately 2,549 acres, as
Agricultural (A) zoning district classification and use designation; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof; and providing for an effective date.
Descriptions of the tracts affected include:
a. Tract #1 (A-80): approximately 1,952 acres of land located at the southwestern
edge of the City of Denton’s extraterritorial jurisdiction, between Crawford and
Lively Roads, approximately 5,800 feet west from I-35W, and east from
Florence Road. (Robson property)
b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width
extending north from Crawford Road, and extending to the west approximately
5,800 feet from I-35W. (Hillwood property)
City of Denton City Council Minutes
June 1, 1999
Page 9
c. Tract #3 (A-82): approximately 472 acres of land, located between I-35W and
U.S. 377, north of Crawford Road, and south of Alred Road. (Huffines
property)
The Mayor opened the public hearing.
Burroughs motioned, Young seconded to postpone and continue the public hearing until June
8, 1999. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
18. The Council held a public hearing and considered rezoning of 24.4 acres from Planned
Development 39 (PD-39) zoning district, Single-Family 7 (SF-7) zoning district, and General
Retail (GR) to a Commercial conditioned (C[c]) zoning district. The property was legally
described as the east 24.4 acres of Tract 26 in the S. McCracken Survey (Abstract 817). It
was located on the southwest corner of Sherman Drive and Loop 288. The proposal was to
change the permitted land uses from residential and general retail to commercial. The
Planning and Zoning Commission recommended denial 4-0. (Z-98-053)
Mark Donaldson, Assistant Director of Planning and Development, stated the property was
located on the south side of Loop 288 just west of Sherman Drive. He stated that the request
was inconsistent with the Growth Management Plan. Three property owners were notified of
the zoning request. One response was received in favor of the rezoning. Donaldson stated that
the ordinance reflected the initial request of the applicant rather than the recommendation of
the Planning and Zoning Commission. He stated that a super majority vote by the Council
would be required to approve the proposed zoning due to the Planning and Zoning Commission
action.
The Mayor opened the public hearing.
Randy Smith, 1009 Manhattan, Denton, 76201, representing the owner of the property who
was Dr. Ed Wolski, asked that the entire 24.4 acres be zoned to commercial.
No one spoke in opposition.
The Mayor closed the public hearing.
Kristoferson motioned, Durrance seconded to deny. On roll vote, Beasley “aye”, Burroughs
“aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller
“nay”. Motion carried with a 5-2 vote.
19. The Council held the second of two public hearings regarding the proposed voluntary
annexation of an approximately 2,746 acre tract of land located west of I-35W, north of
Crawford Road, and east of Florence Road. [Robson Communities, Inc.]
City of Denton City Council Minutes
June 1, 1999
Page 10
Dave Hill, Assistant City Manager of Development Services, stated that a portion of the
property was in the Northlake ETJ and a portion was in the Denton ETJ. He stated that staff
was working on an interlocal agreement with Northlake.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Consensus of the Council was to proceed with the schedule.
20. The Council held a public hearing to consider rezoning 9.0 acres from a Planned
Development (PD-104) zoning district to an Agricultural (A) zoning district. The property was
legally described as 9.0 acres in the T. Martin Survey A-900. It was located on the south side
of Hobson Lane, approximately 900 feet east of Country Club Road. The proposal was to
allow for an agricultural use and probable two (2) single family residential lots. The Planning
and Zoning Commission recommended approval 7-0. (Z-99-024, PD-104-G. Thomas
Swenson)
Mark Donaldson, Assistant Director of Planning and Development, stated that seven property
owners were notified and an additional eleven were sent courtesy notices. Three responses
were received, all in favor.
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. 99-183
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT (PD-104) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO AGRICULTURAL (A) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 9.0 ACRES OF
LAND LOCATED IN THE T. MARTIN SURVEY (ABSTRACT 900) SOUTH SIDE
OF HOBSON LANE, APPROXIMATELY 900 FEET EAST OF COUNTRY CLUB
ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE (Z-99-024).
City of Denton City Council Minutes
June 1, 1999
Page 11
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
21. The Council held a public hearing to consider rezoning 46.194 acres from an
Agricultural (A) zoning district to a Single-Family zoning district (Tract I-21.853 acres to
Single-Family 16 (SF-16), Tract II-24.341 acres to Single-Family 10 (SF-10). The property
was legally described as 46.194 acres in the T. Martin Survey A-900. It was located on the
east side of Country Club Road (FM 1830), between Hobson Lane and Saunders, directly west
of Rolling Hills Circle. The proposal was to allow for single-family residential lots. The
Planning and Zoning Commission recommended approval 7-0. (Z-99-013, El Paseo)
Mark Donaldson, Assistant Director of Planning and Development, stated that 33 property
owners were notified and an additional 98 were sent courtesy notices. Four responses in
opposition were received. The applicants held a neighborhood meeting.
The Mayor opened the public hearing.
Kent Key, 3524 Belmont, stated that he and the Irwins were the owners of the property and
spoke in support of the rezoning.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 46.194 ACRES OF LAND TO SINGLE-FAMILY
16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
21.853 ACRES OF LAND (TRACT 1) AND SINGLE-FAMILY 10 (SF-10) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 24.341 ACRES OF
LAND (TRACT II) LOCATED IN THE T. MARTIN SURVEY (ABSTRACT 900)
EAST SIDE OF COUNTRY CLUB ROAD (FM 1830) BETWEEN HOBSON LANE
AND SAUNDERS, DIRECTLY WEST OF ROLLING HILLS CIRCLE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-
013).
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
June 1, 1999
Page 12
22. The Council held a public hearing and considered a resolution granting approval of a
subsurface use of a portion of North Lakes Park adjacent to Bonnie Brae for the installation
and maintenance of drainage improvements to accommodate the flow of storm water runoff
from the 56.5 acre contributing water shed including Windsor Ridge, Windsor Heights,
undeveloped property and the Fairfield Centre, Limited development into Pecan Creek in
accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance
of a permit or license and providing an effective date.
Deputy City Manager Rick Svehla stated that the applicant was asking for permission to install
a drainage line on park property.
Mayor Miller stated they had received a request for postponement.
No one expressed an interest in postponement of the item.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Lori Ellis, Fairfield Residential, 2045 N. Highway 360, Suite 250, Grand Prairie, spoke in
support of the request.
Bob Shelton, 3505 Teasley Lane, Denton, 76205, spoke in support of the request.
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207, spoke in opposition of the request.
The Mayor closed the public hearing.
Cochran motioned, Kristoferson seconded to deny the request.
Burroughs motioned, Young seconded to postpone the item indefinitely. On roll vote, Beasley
“nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”,
and Mayor Miller “aye”. Motion failed with a 3-4 vote.
On roll vote to deny, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 4-3 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
23. The Council considered adoption of an ordinance to involuntarily annex a 19.802 acre
tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher
Road in the City of Denton’s ETJ, to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. (A-86)
City of Denton City Council Minutes
June 1, 1999
Page 13
Mark Donaldson, Assistant Director of Planning and Development, stated this was the first
reading of the ordinance. The second reading was scheduled for July 20. The Planning and
Zoning Commission would consider this at the June 9 meeting for both annexation and zoning.
The following ordinance was considered:
(FIRST READING)
AN ORDINANCE TO INVOLUNTARILY ANNEX A 19.802 ACRE TRACT
LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY
2,000 FEET WEST OF SWISHER ROAD IN THE CITY OF DENTON’S ETJ, TO
APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A
SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to approve the annexation on first reading. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
24. The Council considered adoption of an ordinance to involuntarily annex a 83.75 acre
tract located on the northwest corner of Loop 288 and Stuart Road intersection, in the City of
Denton’s extraterritorial jurisdiction (ETJ), to approve a service plan for the annexed property,
to provide a severability clause and to provide for an effective date. First reading of
ordinance. (A-85)
Mark Donaldson, Assistant Director of Planning and Development, stated a portion of the tract
was already in the city limits.
The following ordinance was considered:
(FIRST READING)
AN ORDINANCE TO INVOLUNTARILY ANNEX A 83.75 ACRE TRACT
LOCATED ON THE NORTHWEST CORNER OF LOOP 288 AND STUART ROAD
INTERSECTION, IN THE CITY OF DENTON’S EXTRATERRITORIAL
JURISDICTION (ETJ), TO APPROVE A SERVICE PLAN FOR THE ANNEXED
PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR
AN EFFECTIVE DATE
Beasley motioned, Cochran seconded to approve the annexation on first reading. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
25. The Council considered adoption of an ordinance to involuntarily annex a 75.71 acre
tract located on the south side of McKinney Street and directly opposite of Trinity Road, in the
City of Denton’s ETJ, to approve a service plan for the annexed property, to provide a
severability clause and to provide for an effective date. First reading of ordinance. (A-84)
City of Denton City Council Minutes
June 1, 1999
Page 14
Mark Donaldson, Assistant Director of Planning and Development, stated the tract was
partially in the city limits.
Weldon Burgoon, Rt. 2, Box 634B, Denton, 76208, stated he was the owner of the property
and spoke in opposition of the annexation.
Mac Powell, 1710 E. Hwy. 720, Little Elm, 75068, stated he was in support of the annexation
if the property could remain zoned for manufactured housing or a special use permit. He was
in opposition of the annexation if it was being done to keep manufactured housing off the
property.
The following ordinance was considered:
(FIRST READING)
AN ORDINANCE TO INVOLUNTARILY ANNEX A 75.71 ACRE TRACT
LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND DIRECTLY
OPPOSITE OF TRINITY ROAD, IN THE CITY OF DENTON’S ETJ, TO
APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A
SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE
Cochran motioned, Burroughs seconded to approve the annexation on first reading. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
26. The Council considered adoption of an ordinance amending the schedule of electric
rates contained in Ordinance No. 98-262; amending Ordinance No. 98-046 which created an
Energysave Program Schedule (EP); amending Ordinance No. 98-093 which amended
Ordinance No. 98-046; providing for a further amended Energysave Program Schedule (EP);
providing for retroactive effect of the further amendment; providing for a severability clause;
providing for a savings clause; and providing for an effective date.
This item was pulled from consideration.
27. The Council considered adoption of an ordinance authorizing the City Manager to
execute an assignment of a real estate contract to the City of Denton from R. D. Smith,
Trustee, relating to the purchase of 6.174 acres of land for use by the utility department for
future expansion needs of Solid Waste and Water; authorizing the expenditure of funds
therefor; and providing an effective date.
Howard Martin, Asssistant City Manager of Utilities, stated that the Council had been briefed
on the purchase of the property earlier.
The following ordinance was considered:
City of Denton City Council Minutes
June 1, 1999
Page 15
NO. 99-186
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT OF A REAL ESTATE CONTRACT TO THE CITY OF DENTON
FROM R. D. SMITH, TRUSTEE, RELATING TO THE PURCHASE OF 6.174
ACRES OF LAND FOR USE BY THE UTILITY DEPARTMENT FOR FUTURE
EXPANSION NEEDS OF SOLID WASTE AND WATER; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and
Mayor Miller “aye”. Motion carried with a 6-1 vote.
28. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a First Amendment to the professional services
agreement for consulting services previously entered into by the City and R. J. Covington
Consulting on January 5, 1999, by adding Task Order No. 99-B thereto, providing for
additional professional services to be performed relating to the potential divestiture of all or
part of the City’s municipal electric utility; authorizing the expenditure of funds therefore;
providing for retroactive effect of the agreement; and providing an effective date.
Sharon Mays, Director of Electric Utilities, stated that this was for a service that perused all
the tons of paper that the PUC put out, maintained a file for the City, and alerted her if there
was something where the City needed to bring in its experts.
Council Member Young left the meeting.
The following ordinance was considered:
NO. 99-187
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PREVIOUSLY ENTERED INTO BY THE CITY AND R. J. COVINGTON
CONSULTING ON JANUARY 5, 1999, BY ADDING TASK ORDER NO. 99-B
THERETO, PROVIDING FOR ADDITIONAL PROFESSIONAL SERVICES TO BE
PERFORMED RELATING TO THE POTENTIAL DIVESTITURE OF ALL OR
PART OF THE CITY’S MUNICIPAL ELECTRIC UTILITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE
EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE
Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller
“aye”. Motion carried 6-0.
City of Denton City Council Minutes
June 1, 1999
Page 16
Council Member Young returned to the meeting.
29. The Council considered adoption of an ordinance authorizing the City Manager to
execute an agreement on behalf of the City of Denton with Windjammer, Ltd. relating to
purchase of street right-of-way and the construction of certain public improvements in Unicorn
Lake; authorizing the expenditure of funds therefor; and providing an effective date.
Deputy City Manager Rick Svehla stated this agreement culminated the direction staff received
from the City Council regarding Unicorn Lake.
The following ordinance was considered:
NO. 99-188
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH WINDJAMMER,
LTD. RELATING TO PURCHASE OF STREET RIGHT-OF-WAY AND THE
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN UNICORN LAKE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE
Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
30. The Council considered adoption of an ordinance accepting a tract of land, as shown in
the dedication instrument executed by Bob Shelton, general partner for Windjammer, Ltd.
dated April 26, 1999 for street utility purposes; and declaring an effective date.
Deputy City Manager Rick Svehla stated that since this was going to be a city street, it would
be taken by dedication.
The following ordinance was considered:
NO. 99-189
AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE
DEDICATION INSTRUMENT EXECUTED BY BOB SHELTON, GENERAL
PARTNER FOR WINDJAMMER, LTD. DATED APRIL 26, 1999 FOR STREET
UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
June 1, 1999
Page 17
The Council considered Items #31, 32, and 33 together.
31 The Council considered adoption of an ordinance vacating a certain 5-foot electric
easement on Lot 1, Block A of the Residence II Addition recorded in Cabinet F, Page 317 of
the plat records of Denton County, Texas, located on the north side of Jason Drive, north of
Londonderry Lane and providing for an effective date.
32. The Council considered adoption of an ordinance vacating a certain 25-foot fire lane
easement on Lot 1, Block A of the Residence II Addition recorded in Cabinet F, Page 317 of
the plat records of Denton County, Texas, located on the north side of Jason Drive, north of
Londonderry Lane and providing for an effective date.
33. The Council considered adoption of an ordinance abandoning a 20-foot easement for
water mains and electric power transmission lines situated in Lots 1, 2 and 3 of Block 1 of the
Eagle Point Shopping Center Addition, which runs from S. Locust Street on the east to Fort
Worth Drive on the west, conveyed to the City of Denton per Volume 410, Page 92, of the
Deed Records of Denton County, Texas; and providing an effective date.
Deputy City Manager Rick Svehla stated that Items #31, 32 and 33 were abandonment of
various easements.
The following ordinances were considered:
NO. 99-190
AN ORDINANCE VACATING A CERTAIN 5-FOOT ELECTRIC EASEMENT ON
LOT 1, BLOCK A OF THE RESIDENCE II ADDITION RECORDED IN CABINET
F, PAGE 317 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS,
LOCATED ON THE NORTH SIDE OF JASON DRIVE, NORTH OF
LONDONDERRY LANE AND PROVIDING FOR AN EFFECTIVE DATE
NO. 99-191
AN ORDINANCE VACATING A CERTAIN 25-FOOT FIRE LANE EASEMENT ON
LOT 1, BLOCK A OF THE RESIDENCE II ADDITION RECORDED IN CABINET F,
PAGE 317 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, LOCATED
ON THE NORTH SIDE OF JASON DRIVE, NORTH OF LONDONDERRY LANE
AND PROVIDING FOR AN EFFECTIVE DATE
NO. 99-192
AN ORDINANCE ABANDONING A 20-FOOT EASEMENT FOR WATER MAINS
AND ELECTRIC POWER TRANSMISSION LINES SITUATED IN LOTS 1, 2 AND
3 OF BLOCK 1 OF THE EAGLE POINT SHOPPING CENTER ADDITION,
WHICH RUNS FROM S. LOCUST STREET ON THE EAST TO FORT WORTH
DRIVE ON THE WEST, CONVEYED TO THE CITY OF DENTON PER VOLUME
City of Denton City Council Minutes
June 1, 1999
Page 18
410, PAGE 92, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE
Young motioned, Beasley seconded to approve items #31, 32, and 33. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
34. The Council considered adoption of an ordinance authorizing the settlement of
litigation styled City of Denton, Texas v. Denton County Fresh Water Supply District No. 1A
and Denton County Fresh Water Supply District No. 5; Cause No. 99-40158-362, pending in
nd
the 362 District Court of Denton County, Texas; pursuant to the terms stated in the attached
compromise settlement agreement and release of claims and annexation agreement; authorizing
the City Manager to execute the settlement agreement and all documents necessary to effect the
settlement; authorizing the City Manager and City Attorney to take other actions necessary to
finalize the settlement and release of claims; and providing an effective date.
City Attorney Herb Prouty recommended that this item be postponed until the June 8, 1999
meeting.
Burroughs motioned, Young seconded to postpone the item to June 8, 1999. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
35. The Council considered nominations and appointments to City Boards and
Commissions.
City Manager Jez nominated Dennis Stephens for reappointment to the Civil Service
Commission.
Young motioned, Beasley seconded to approve the nomination. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
36. Miscellaneous Matters from the City Manager.
City Manager Jez reminded the Council that their comments regarding land use density were due
to staff on Wednesday.
37. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Young asked for a clarification regarding sidewalks along
Kerley Street.
City of Denton City Council Minutes
June 1, 1999
Page 19
B. Council Member Cochran asked for a report on possibly granting amnesty for
residential utility bills more than 10 years old.
C. Council Member Durrance requested that the Council consider at the next work
session whether or not to issue a stop work order on Toledo Court and begin
demolition procedures.
38. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
39. There was no official action on Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
With no further business the meeting was adjourned at 11:35 p.m.
_________________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
____________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS