Minutes June 08, 1999 CITY OF DENTON CITY COUNCIL MINUTES
June 8, 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 8, 1999 at 6:30 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.
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
nd
No. 99-40158-362, filed in the 362 District Court of Denton County, Texas,
including strategy and possible settlement negotiations.
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.
The Council convened into a Work Session on Tuesday, June 8, 1999 at 7:30 p.m. in the
Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs,
Cochran, Durrance, Kristoferson and Young.
ABSENT: None
Item # 7 was considered.
7. The Council received a report, held a discussion, and gave staff direction on a “Stop
Work Order” for Toledo Court.
Mayor Pro Tem Beasley read a statement regarding the “Stop “Work Order”. That statement
was added to the agenda materials and indicated that before the City took any further action
she would suggest that the two groups involved in this issue meet to work out an agreeable
resolution of the dispute.
Young motioned, Beasley seconded to proceed with that suggestion.
Council Member Kristoferson asked about a time line for such a meeting.
Mayor Pro Tem Beasley suggested a week to ten days.
Council Member Kristoferson asked about the work that would be going on during that time.
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June 8, 1999
Page 2
Jane Provo, Denton Affordable Housing, stated that they could not stop work during that time
in order to mediate a solution. A primary complaint of the neighbors was the slowness of
work.
Council Member Kristoferson stated that a primary concern was the orientation of the homes.
She questioned if the Denton Affordable Housing was willing to proceed with spending money
on work on the homes with the possibility that things might have to change.
Mayor Miller felt that in a week or ten days, the work might have gone too far and then there
would not be anything to discuss and that that would not be carrying out the spirit of what the
Council was trying to do. If the work continued, it might go beyond the point of no return and
then there would be nothing to discuss.
Linnie McAdams, Denton Affordable Housing, indicated that the organization had already
spent much money on a legally approved plat. Unless someone was prepared to assist them
financially, they had already been delayed in their work with extra money being spent. They
could not change the plat unless they had some financial assistance.
Gary Hudson, Denton Affordable Housing, indicated that what they would spend between now
and two weeks from now would not materially change where they would be in the process.
Council Member Kristoferson felt that a stop work order would not be out of order.
Council Member Cochran felt that one major problem with the neighbors was that the work
was going too slow. He felt that if the Council were going to vote on the stop order, they also
needed to agree that the neighbors should meet to help resolve the issues.
Council Member Durrance stated that this was a work session and he would like to hear from
staff on this matter.
Council Member Burroughs stated that the idea for a meeting of the two groups was an
excellent idea. He felt that any movement from now until the end of the discussion time
frame, should not be taken into account during the discussions. Any such work would not be
relevant to the discussion.
Greg Mitchell, Building Official, stated that Unit 1 had the stem wall poured and when that
was cured, it would be ready for a house to be set in place. Unit 2 had footings scheduled to
be poured this week and by next Friday those two houses should be in place. Staff would
recommend that work continue on the site.
Council Member Kristoferson asked if a house could still be turned so that a door faced the
street.
Mitchell stated that probably until next Friday. After that the house would have to be moved
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June 8, 1999
Page 3
the footings repoured and the house reset.
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Consensus of the Council was to have a neighborhood meeting on July 14 and to place the
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item on the agenda for June 15.
1. The Council held a discussion and gave staff direction regarding the construction of a
new City of Denton vehicle maintenance facility.
Earl Crews, Director of Financial/Administrative Services, stated that the design of the new
vehicle maintenance facility was complete and they were ready to begin construction. He
reviewed the design of the building and the features included in the new facility. Staff had
received bids on the construction contract and the firm with the lowest bid was from Dallas.
Consensus of the Council was to proceed with the staff recommendation.
2. The Council received a report and gave staff direction regarding board appointments
associated with the Charter Amendments for the Public Utilities Board, Parks and Recreation
Board, and the Board of Adjustment.
Howard Martin, Assistant City Manager for Utilities, stated that the membership on the Parks
and Recreation Board and the Public Utilities Board had been increased from 5 to 7 members
per the approval of the recent Charter amendments. Staff was recommending that Council
appoint two new members to the Public Utilities Board as soon as possible. The Board of
Adjustment would now have three alternates and it was suggested to name a first, second and
third alternate.
Council Member Young stated that the people voted that each Council Member would have
representation on the Public Utilities Board. Staff’s recommendation was to only appoint two
members and keep the remaining members.
Mayor Miller stated that the citizens approved increasing the membership on the Board from 5
to 7 members and did not vote on the method to increase that membership.
Council Member Young stated that the reason the membership was going from 5 to 7 was to
give each council member an appointment to that board.
Mayor Miller stated that staff was recommending to keep nominating the members on an at-
large basis. If Council was going to have individual appointments, they needed to remember
that the Board should not have all new members due to the deregulation issues.
Council Member Kristoferson felt that this Board was dealing with a very critical issue for the
City and it was crucial to maintain the integrity of the Board. She suggested changing the
method of nomination during the next year’s cycle.
Mayor Miller suggested that the current members would be re-appointed and when each
individual term was up then Council would consider whether to reappoint that member.
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June 8, 1999
Page 4
Mayor Pro Tem Beasley stated that the Council would have individual nominations to the
Parks and Recreation Board and agreed with the Mayor to gradually change the method of
appointments on the Public Utilities Board.
Council Member Cochran questioned how the alternates for the Board of Adjustment would be
appointed.
Dave Hill, Assistant City Manager for Development Services, stated that there would be seven
permanent positions on the Board and the Council, as a group, would nominate individuals for
the alternate positions.
After discussion, the consensus of the Council was to continue with the current process of
appointments to the Public Utilities Board and in the next cycle draw for positions for council
nominations.
Consensus of the Council was to draw names on the Parks and Recreation Board and then
Council could nominate on an individual basis.
Consensus of the Council was to have the total Council appoint the alternates to the Board of
Adjustment.
3. The Council received a report, held a discussion, and gave staff direction regarding
board and commission rules and procedures regarding attendance.
Betty Williams, Director of Management and Public Information, stated that Council had
requested staff prepare a letter to be sent to each board and commission member emphasizing
the importance of the attendance policy for the boards and commissions. Staff needed
direction on when to send such a letter.
Consensus of the Council was to prepare a separate letter from the normal letter the Mayor
sent out thanking individuals for agreeing to serve on a board or commission and to present the
attendance letter during the orientation sessions for each board and commission. Every board
member would receive this information. Staff would also provide Council with attendance
records throughout the year with an indication as to whether an absence was excused or not.
4. The Council received a report, held a discussion, and gave staff direction regarding the
charge of the special Citizen’s Advisory Committee to study capital improvement needs and
make a recommendation for a January 2000 bond election.
Kathy DuBose, Assistant City Manager for Fiscal and Municipal Services, presented the time
line for committee meetings. Staff had prepared a charge for the committee as indicated in the
agenda materials.
Council Member Cochran expressed a concern regarding the charge as it differed from other
charges to committees in the past. This charge had a larger scope than those did in the past.
He was concerned about the wording for alternate revenue sources and economic development
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June 8, 1999
Page 5
sales tax. He felt that if an economic development sales tax was going to be considered, then it
should be done with a separate committee rather than with the CIP committee.
Mayor Pro Tem Beasley suggested taking out an economic development sales tax and if
Council felt such was needed, then appoint a separate committee.
Council Member Burroughs suggested changing the wording so that the committee would look
for alternate funding sources if needed. He did not feel the committee needed to deal with
funding. The committee’s job was to identify needs and not funding types. It could also
identify those needs that would exceed the funding amount and leave funding to Council.
Consensus of the Council was to change the wording as indicated.
5. The Council received an update and gave staff direction concerning the establishment of
regulations regarding the installation of surface irrigation systems within the City of Denton.
Jim Coulter, Assistant Director of Wastewater, presented the details of the proposed
amendments as presented in the agenda materials.
Consensus of the Council was to bring back further information on other criteria. Standards
should be increased where they were proposed to be less stringent than current standards.
6. The Council considered and gave staff direction concerning an ordinance, which
provided for time limits on all steps and procedures in certain planned development districts
and discussed and gave staff direction concerning enactment of an ordinance, which could
affect existing planned development districts.
Terry Morgan reviewed the details of the provisions of the ordinance. Time limits had been
established for each step of the planned development process, including the filing and approval
of the development plan and detailed plan. Following the expiration of the right to submit a
development or detailed plan, the Planning and Zoning Commission and the City Council
would consider the expired planned development ordinance. Specific details regarding the
process were noted in the agenda materials.
Mayor Pro Tem Beasley questioned whether Council or the Planning and Zoning Commission
would have to look at each planned development as the time limit expired.
Morgan stated that the Planning Director would monitor the time frames, notify the Planning
and Zoning Commission who would then make a recommendation to Council on whether the
property should be reinstated or zoned to another classification.
Consensus of the Council was to continue finalizing the details of the ordinance and return for
future consideration.
Following the completion of the Work Session the Council convened into a Special Called
Session to consider the following:
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June 8, 1999
Page 6
Item #7 considered:
7. The Council considered authorizing construction work on Pecan Creek Tributary 4 in
Fred Moore Park on Sunday, June 13, from 7:00 a.m. until 1:00 p.m.
Rick Svehla, Deputy City Manager, stated that the contractor was asking for permission to
work in the park area so as to be out of the park area by the Juneteenth celebration. The three
closest churches indicated that they would be in favor as long as the work would stop between
10:30 a.m. and noon on Sunday.
Young motioned, Beasley 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.
8. 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 the
nd
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.
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City Attorney Prouty suggested continuing this item until the June 15 meeting.
Burroughs motioned, Young seconded to postpone the item until July 15, 1999. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
9. The Council considered approval of the charge to the special Citizen Advisory
committee to study capital improvement needs.
Kathy DuBose, Assistant City Manager for Fiscal and Municipal Services, presented the
revised charge proposed during the work session.
Beasley motioned, Young seconded to approve the amended charge. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
10. The Council considered approval of a resolution amending Resolution No. R99-022
adopting limitations on acceptance and processing of applications for establishment of multi-
family dwellings to provide for an exemption for pending applications for a building permit for
multi-family dwellings; providing a severability clause; and providing an effective date.
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June 8, 1999
Page 7
City Attorney Prouty stated that Items # 3 and #4 were related. He stated that there were legal
arguments with regard to the exemption to the appeal process. As there was contemplated
litigation and legal issues the Council needed to discuss, he suggested they convene into a
closed session.
Durrance motioned, Burroughs seconded that the Council go into a closed session to discuss
the issues as per the City Attorney. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
Following the completion of the Closed Session, City Attorney Prouty suggested that the
Council amend the moratorium with a resolution that would allow for an exception for any
multi-family construction that had an accepted multi-family building permit prior to the
effective date of the resolution.
The following resolution was considered:
NO. R99-023
A RESOLUTION AMENDING RESOLUTION NO. R99-022 ADOPTING
LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR
ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR AN
EXEMPTION FOR PENDING APPLICATIONS FOR A BUILDING PERMIT FOR
MULTI-FAMILY DWELLINGS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to approve the resolution.
Council Member Kristoferson stated that she would be voting against the motion, as she
wanted to leave the exemption as it was currently written.
Council Member Durrance stated that he had received additional information late this afternoon
and wanted time to study those arguments.
Council Member Cochran stated that he was in favor of the motion. He was in favor of the
moratorium on certain narrow issues and thought the JPI proposal was already through the
moratorium process.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson
“nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote.
4. The Council considered and took action on appeal of JPI Texas Development, Inc.,
prospective developer of the Jefferson Commons student housing development, to be relieved
from the provisions of Resolution No. R99-022 under Section 6 of the resolution which places
a moratorium on multi-family housing.
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June 8, 1999
Page 8
City Attorney Prouty stated that as the above resolution was passed, JPI had a building permit
issued before the effective date of the moratorium and this item did not have to be considered.
5. The Council considered adoption of three ordinances to involuntarily annex 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.
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)
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Beasley motioned, Burroughs seconded to postpone consideration of the items until June 15.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson
“aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
6. 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)
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.
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June 8, 1999
Page 9
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Burroughs motioned, Young seconded to postpone the public hearing until June 15. On roll
vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
8. The Council considered nominations/appointments to the City’s Boards and
Commissions.
There were no nominations/appointments made at this meeting.
9. There was no official action 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 11:45 p.m.
______________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS