Minutes June 15, 1999CITY OF DENTON CITY COUNCIL MINUTES
June 15, 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 15, 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-
nd
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.
Regular Meeting of the City of Denton City Council on Tuesday, June 15, 1999 at 6:00 p.m.
in 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.
2. The Council considered approval of the minutes of January 5, January 12, January 19,
January 20, and January 26, 1999.
Council Member Cochran requested that comments he made at the January 12, 1999 meeting
regarding economic development be added to the permanent record.
Young motioned, Beasley seconded to approve the minutes with the noted addition. 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 15, 1999
Page 2
PRESENTATIONS/AWARDS
3. Proclamations
Mayor Miller presented a proclamation for Amateur Radio Week.
CITIZEN REPORTS
4. The Council received a citizen report from Willie Hudspeth regarding drainage
easements at 623 Newton Street.
Mr. Hudspeth asked the Council to consider redesigning and moving the drainage channel to
the north of his property to save 31 trees, which included some 100-year old trees.
NOISE EXCEPTIONS
5. The Council considered a request for an exception to the noise ordinance for the Second
Annual Denton Blues Festival at Civic Center Park on September 18, 1999 hosted by the
Denton Black Chamber of Commerce from 10:00 p.m. until midnight.
Kristoferson motioned, Cochran seconded to approve the exception. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
th
6. The Council considered a request for an exception to the noise ordinance for the 4 of
July Picnic in the Park at South Lakes Park on Sunday, July 4, 1999 hosted by the Lindsey
Street Assembly of God from 12:30 p.m. until 4:30 p.m.
Kristoferson motioned, Young seconded to approve the exception. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
CONSENT AGENDA
Young motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances and resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
7. NO. 99-193
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW FLEET
MAINTENANCE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS
City of Denton City Council Minutes
June 15, 1999
Page 3
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2361 – FLEET
MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC.
IN THE AMOUNT OF $1,998,650).
8. NO. 99-194
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH CALVERT AND COMPANY
ARCHITECTS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES
FOR THE RENOVATION OF CENTRAL FIRE STATION AND RELATED
SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2375 – RENOVATION
OF CENTRAL FIRE STATION AND RELATED SERVICES AWARDED TO
CALVERT AND COMPANY ARCHITECTS IN THE AMOUNT OF $56,500).
9. NO. 99-195
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95237 – DARR
EQUIPMENT CO. IN THE AMOUNT OF $30,125.70).
10. NO. 99-196
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF RESCUE TOOLS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95580 – FERRARA
FIRE EQUIPMENT IN THE AMOUNT OF $21,196 AND PURCHASE ORDER
95581 – FERRARA FIRE EQUIPMENT IN THE AMOUNT OF $21,646 – TOTAL
AWARD $42,842).
11. NO. 99-197
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION
OF A FLEET MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION QUALIFIED INFORMATION
SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 95617 TO CCG SYSTEMS, INC. IN THE AMOUNT
OF $49,800).
City of Denton City Council Minutes
June 15, 1999
Page 4
12. NO. 99-198
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE UPGRADE OF
SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES
COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR);
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95618 TO SOFTWARE
DEPARTMENT – DEPARTMENT OF INFORMATION RESOURCES (DIR) IN
THE AMOUNT OF $29,560).
13. NO. 99-199
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SERVICES OR SUPPLIES NECESSARY FOR THE UPGRADE OF
NOTEBOOK COMPUTER INVENTORY AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED
INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR AN EFFECTIVE
DATE (PURCHASE ORDER 95619 TO COMPUSA IN THE AMOUNT OF
$35,118.64).
14. NO. 99-200
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR CATALOGUE (QISV); PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 95620 TO NTCS, INC. IN THE
AMOUNT OF $43,960).
15. NO. 99-201
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF CONCRETE PIPE AND BOX CULVERT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 2359 – CONCRETE PIPE AND BOX
CULVERT AWARDED TO CSR HYDRO CONDUIT IN THE AMOUNT OF
$23,434.20)
16. NO. R99-024
City of Denton City Council Minutes
June 15, 1999
Page 5
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE
APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE
RESOLUTION.
POSTPONED ITEMS
17. The Council considered adoption of an ordinance authorizing the settlement of litigation
styled The 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.
City Attorney Herb Prouty stated that this ordinance would authorize the settlement of this
litigation and also authorized the execution of the annexation agreement. He stated that the
Fresh Water Supply District authorized the execution of the agreement subject to the
finalization of the annexation agreement.
Terry Morgan advised the Council that they might want to make a condition subsequent on the
settlement that in the event that the District failed to disannex that property, that the settlement
would be void.
The following ordinance was considered:
NO. 99-202
AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED
THE CITY OF DENTON, TEXAS V. DENTON COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1A AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO.
ND
5; CAUSE NO. 99-40158-362, PENDING IN 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
Burroughs motioned, Beasley seconded to approve the ordinance with the condition that the
District execute the settlement agreement prior to the City’s execution of same and as a
condition subsequent that the District vote to exclude the annexed property from its district.
City of Denton City Council Minutes
June 15, 1999
Page 6
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 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)
City Attorney Herb Prouty recommended that the Council annex Tract #3 and postpone Tract
#1 and Tract #2 to the June 22 meeting.
Beasley motioned, Young seconded to postpone consideration of Items #18a and 18b until June
22. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
The following ordinance was considered:
NO. 99-203
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 472 ACRES, LOCATED ON THE EAST SIDE OF INTERSTATE
HIGHWAY I-35E, NORTH OF CRAWFORD ROAD, AND WEST OF U.S.
HIGHWAY 377; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Young 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.
PUBLIC HEARINGS
19. 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:
City of Denton City Council Minutes
June 15, 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 Mayor opened the public hearing.
No one spoke in support or opposition.
Kristoferson motioned, Burroughs seconded to continue the public hearing on Items #19a and
19b to June 22. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance
“aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
The Mayor closed the public hearing on Item #19c.
The Council considered Item #22.
22. The Council held a public hearing and considered rezoning property generally located
north of the City of Argyle, south of Johnson Road between Interstate 35W and Highway 377
from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The
508-acre property was legally described as per Attachment 3. The proposal was to develop the
subject property with a maximum of 1,875 single-family dwelling units, a variety of dedicated
and private parks and open space, fifteen (15) and ten (10) acre school sites and two (2)
neighborhood centers. The Planning and Zoning Commission recommended approval (5-1,
Powell absent) with conditions. (Z-99-041, Willow Lakes West)
Dave Hill, Assistant City Manager of Development Services, stated the proposal was to zone
the property as a Planned Development. He stated that the Planning and Zoning Commission
recommended approval with five conditions. The conditions were: the allowed uses included
those allowed by specific use permit in a one-family SF-7 zoning district; the detached living
quarters be allowed only with a Specific Use Permit; that the three lighted signs advertising the
development be deleted from the allowed uses; that the costs for water and related fees be
waived for the Homeowner’s Association and that provision be handled separately and not be
part of the Planned Development Concept Plan; and that all signs for the property be in
compliance with the City of Denton sign ordinance.
The Mayor opened the public hearing.
City of Denton City Council Minutes
June 15, 1999
Page 8
Donald Huffines, 8222 Douglas Avenue, Suite 660, Dallas, 75225, representing the property
owners, spoke in support of the project. He stated the project was in compliance with the draft
Comprehensive Plan.
Council Member Young asked what they had agreed to do in regards to a school in the project.
Huffines stated they had agreed to donate 14 acres to the school district. He stated the quality
of the school district was the most critical to the success of the project.
Fred Balda, 17480 Dallas Parkway, Suite 200, Dallas, 75285, representing the adjacent
property owner, spoke in support of the project.
Richard Tucker, 406 Country Club Road, Argyle, 76226, stated he was the Mayor Pro Tem of
the City Council in Argyle. He spoke in opposition to the project. He stated the citizens of
Argyle wanted to maintain their rural atmosphere but were not against growth. He stated they
wanted responsible growth and quality development that was consistent with the rural
atmosphere and quality of life there. He stated there were several issues that needed to be
addressed: traffic on Crawford Road, safety, and whether the Argyle ISD would be able to
afford to build the schools to serve the children.
Larry Cullen, 116 Pecan Circle, Argyle, 76226, stated he was on the City Council in Argyle.
He spoke in opposition to the project. He expressed concern about the development and its
high density aspects.
Sheri Walker, 609 Valley View Court, Argyle, 76226, spoke in opposition to the project. She
stated the traffic would all feed onto Crawford Road. She stated that part of the development
was in a 100-year floodplain. She stated that this development would overwhelm the current
school structure.
Valerie Tucker, 406 Country Club Road, Argyle, 76226, spoke in opposition. She expressed
concern for the safety of the children and that the density of the development would affect the
school district.
Kevin Brown, 615 Valley View Court, Argyle, 76226, spoke in opposition. He expressed a
concern for the density of the development. He expressed concern about all the trees along
Crawford Road that would be taken out and wondered if they would be replaced.
Will Minderman, 714 Skyline Drive, Argyle, 76226, spoke in opposition. He expressed
concern for safety, traffic, and the schools. He asked the Denton City Council to work with
the Argyle City Council regarding this project.
Allen Rosendahl, a CPA in Denton, stated the Argyle ISD would not support nor discourage
any development. The proposed development could create a deficit for the Argyle ISD of $2.3
million to $3.5 million per year.
Curt Mosier, 800 Skyline Drive, Argyle, 76226, spoke in opposition to the project. He asked
that the Argyle-Denton junction be buffered. He stated that the Master Plan stated these lots
City of Denton City Council Minutes
June 15, 1999
Page 9
should be 1-2 acres. He asked that they do that. He wanted the Council to look at the
infrastructure. He asked for the Council’s help with the density. With lower density, the
school district could stay alive.
Tim Hamm, 730 Valley View Court, Argyle, 76226, spoke in opposition to the project. He
stated that the traffic and safety issue needed to be addressed as far as emergency vehicles
being able to gain access.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING A PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 502.88 ACRES OF LAND
GENERALLY LOCATED NORTH OF THE CITY OF ARGYLE, SOUTH OF
JOHNSON ROAD BETWEEN INTERSTATE 35E AND HIGHWAY 77;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance with conditions: (1) allowed uses
included those allowed by a Specific Use Permit in a one-family dwelling SF-7 zoned district;
(2) detached living quarters are allowed only with a Specific Use Permit; (3) lighted signs
advertising the development are deleted from the allowed use; (4) cost of water and fees for
improvements to be constructed by homeowner’s association are deleted from Exhibit C but
may be handled by separate instruments between the City and developers; (5) all signs should
be in compliance with the City of Denton sign ordinance; (6) required a minimum 10,000
square foot lot requirement on Crawford Road; (7) a buffer of 20 feet be established along
Crawford Road; (8) dryrite hardy plank or other concrete products, except for gables and
porches should only be at the rear of the house making the front of the houses 100% concrete;
(9) overall density of 3.25 and (10) the setback be changed on the 7,000 square foot lots to 20
feet and the setback on the 5,500 square foot lots to 15 feet. 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.
20. The Council held a public hearing and considered adopting by resolution the Fry Street
Small Area Plan.
Dave Hill, Assistant City Manager of Development Services, stated that the Planning and
Zoning Commission recommended approval. He advised the Council that by adopting this
Plan they would not be adopting any changes in off-street parking regulations nor creating a
special zoning district.
City of Denton City Council Minutes
June 15, 1999
Page 10
The Mayor opened the public hearing.
The following individuals spoke on the issue:
Kelly Lancaster, 8700 Township Court, Ft. Worth, 76179 – support
Tara Boedeker, 1515 Oakwood, Denton, 76205 – support
Curtis Loveless, 218 N. Elm, Denton, 76205 – support
Mayor Miller stated he had a speaker card from the following individual regarding the item
who did not wish to address the Council:
Scott Creech, 125 Avenue A, Denton, 76201 – support
The Mayor closed the public hearing.
The following resolution was considered:
NO. R99-025
A RESOLUTION ADOPTING THE FRY STREET SMALL AREA PLAN FOR
RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA
IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to approve the resolution with an amendment by
omitting the last sentence on page 17 of the Plan – “To further enhance traffic circulation,
reduce accidents, and increase crossing movements in the Fry Street Area, the City should
review the Oak/Hickory couplet circulation from the intersection of Jagoe/Ave. C to the
intersection of Ave. E. 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 and considered rezoning 1.774 acres from an
Agricultural (A) zoning district to Office, conditioned (O[c]) zoning district. The property was
legally described as being 1.774 acres in the O.S. Brewster Survey (Abstract 56) in the City of
Denton, Denton County, Texas. It was located on the west side of Bonnie Brae Street,
approximately 600 feet north of Willowwood Street. The proposal was to allow for a future
expansion of the existing Liberty Christian School. The Planning and Zoning Commission
recommended approval 7-0 with conditions. (Z-99-032, Liberty Christian School)
Mark Donaldson, Assistant Director of Planning, stated that it was the intent of the petitioner,
Liberty Christian School, to consolidate into a single zoning district all of the land that they
currently owned. The Planning and Zoning Commission recommended approval 7-0 with
conditions. The conditions were related to a number of prohibited uses, a bufferyard
specification, the standard lighting condition, and a condition that a sidewalk be extended
across the frontage of this parcel. They had indicated the intent to replat the property as all
their property was one zoning district and all of it would be in one lot.
City of Denton City Council Minutes
June 15, 1999
Page 11
The Mayor opened the public hearing.
Dwight Gailey, 3300 Shadow Trail, Denton, stated he was the business manager at Liberty
Christian. He stated they were in agreement with all that had been recommended by the staff
and the Planning and Zoning Commission with conditions.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-204
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO OFFICE CONDITIONED (O[c]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.774 ACRES OF
LAND LOCATED IN THE O.S. BREWSTER SURVEY (ABSTRACT 56) WEST
SIDE OF BONNIE BRAE STREET, APPROXIMATELY 600 FEET NORTH OF
WILLOWOOD STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance with conditions. On roll
vote, Beasley “aye”, Burroughs “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 approval of a Detailed Plan for 108.3
acres of a Planned Development (PD) zoned district. The 108.3-acre property was generally
located north of the City of Argyle between Interstate 35W and John Paine Road. The detailed
plan proposal was for 295 single-family dwelling units, a fifteen (15) acre school site, a
neighborhood center, park land and open space. The Planning and Zoning Commission
recommended approval (5-1, Powell absent) with conditions. (Z-99-040, Willow Lakes West)
The Mayor stated they had a request for this item to be postponed.
The Mayor opened the public hearing.
Donald Huffines, 8222 Douglas Avenue, Suite 660, Dallas, 75225, requested the item to be
tabled until July 20.
No one spoke in opposition.
City of Denton City Council Minutes
June 15, 1999
Page 12
Beasley motioned, Burroughs seconded to continue the public hearing until July 20, 1999. On
roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson
“aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
The Council considered Item #26.
26. The Council held a public hearing and considered a request for a Specific Use Permit
(SUP) for a fraternity house located on the southeast corner of W. Oak and Fry Streets, at
1305 W. Oak Street. The 0.75 acre site was zoned General Retail (GR). The proposal was to
develop a nine (9) bedroom fraternity house for the Delta Lodge. (The Planning and Zoning
Commission recommended approval 3-1 with conditions.) (Z-99-026, Delta Lodge)
Mark Donaldson, Assistant Director of Planning, stated the Planning and Zoning Commission
recommended approval with conditions. Fourteen property owners were notified and an
additional 76 were provided with courtesy notification. Only one response in opposition had
been received. The Planning and Zoning Commission added three conditions: approval was
subject to development according to the site plan and landscaping plan; lighting on the property
would meet the standard condition; and that an 8-foot masonry wall would extend according to
a drawing provided by the Commission.
The Mayor opened the public hearing.
Lowell Orlip, Chairman of the Board of Directors for Delta Lodge Inc., stated they had
attempted this project before and had received approval from the Planning and Zoning
Commission. He stated they failed to address some of the needs and concerns of some of the
neighbors in the area before coming before the Council and had requested a postponement at
that time. Since that time they have worked on mending and building relationships with the
neighbors in the area.
No one spoke in opposition.
Mayor Miller stated he had a speaker card from the following individual regarding the item
who did not wish to address the Council:
Curtis Loveless, 218 N. Elm, Denton, 76201 – support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-208
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SPECIFIC USE PERMIT TO ALLOW A FRATERNITY HOUSE ON A 0.75 ACRE
TRACT LOCATED AT THE SOUTHWEST CORNER OF FRY STREET AND OAK
STREET (LOT 1, BLOCK 22, OF THE COLLEGE ADDITION OF DENTON TX)
City of Denton City Council Minutes
June 15, 1999
Page 13
WITHIN A GENERAL RETAIL (GR) 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.
Cochran motioned, Young seconded to adopt the ordinance with conditions. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried unanimously.
The Council considered Item #24.
24. The Council held a public hearing and considered amending the various conditions of
Ordinances 89-171, 92-033, 94-126, and 96-048 as they apply to the entire 64.4155 acre
Denton County property by creating one Light Industrial (LI) zoning district with consistent
restrictions. The request was to allow the location of correctional facilities by right. The site
was located on the south side of McKinney Street and west of Woodrow Lane. (The Planning
and Zoning Commission made no affirmative recommendation 2-2.) (Z-99-035)
Mark Donaldson, Assistant Director of Planning, stated the request was from Denton County
to amend certain conditions that had been approved through previous zoning cases. He stated
the County could proceed with their plans regardless of the outcome of the Council’s vote. It
was basically a courtesy review to provide public input into their planning process. He stated
that 36 adjacent property owners were notified and 140 courtesy notices were sent out. Four
responses in opposition had been received.
The Mayor opened the public hearing.
Bob Powell spoke in support of the proposal.
Willie Hudspeth, 623 Newton, Denton, 76205, spoke in opposition. He asked that the
building face a different direction, no curb cut, and a barrier fence along Ruddell.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-206
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE CONDITIONS OF ORDINANCES 89-171, 92-033, 94-126
AND 96-048 WHICH ESTABLISHED CONDITIONED LIGHT INDUSTRIAL
(LI[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
64.4155 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY
STREET AND THE WEST SIDE OF WOODROW LANE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 15, 1999
Page 14
Cochran motioned, Young seconded to adopt the ordinance with conditions. On roll vote,
Beasley “nay”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote.
25. The Council held a public hearing and considered approving the proposed rezoning of
6.081 acres located east of Ruddell approximately 70 feet south of Lattimore Street, from One-
family Dwelling (SF-7) to a Planned Development (PD) zoned district. The proposal was to
develop forty-four (44) single-family residential lots. The Planning and Zoning Commission
recommended approval (4-0, Ganzer, Gourdie, & Powell absent) with conditions. (Z-99-031,
Mesa Verde)
Mark Donaldson, Assistant Director of Planning, stated 53 property owners were notified.
The Planning and Zoning Commission recommended approval with a condition. In addition to
limiting the land uses to those allowed in the SF-7 zoning district and that development should
be consistent with the Detailed Plan, they wanted to allow consideration of alternative street
sections that have currently been included in the draft Comprehensive Plan–either a 40-foot
right-of-way with a 22’ street section with parking allowed on only one side of the street or a
50-foot right-of-way with a 31’ section with parking allowed on both sides of the street and
traffic calming devices used to reduce the street section at intermittent sections along the street
to allow for some increased landscaping and to slow traffic down. In addition to that, the
standard street section was incorporated as part of the Plan.
The Mayor opened the public hearing.
Greg Edwards, 300 N. Carroll Blvd, Denton, 76201, representing the developer, spoke in
support of the development. He stated these homes would meet FHA standards and would
qualify for the affordable housing program.
Marvin Morgan, 1325 F.M. 2181, Denton, 76201, stated he supported this development.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-207
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
6.081 ACRES OF LAND LOCATED EAST OF RUDDELL APPROXIMATELY 70
FEET SOUTH OF LATTIMORE STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 15, 1999
Page 15
Young motioned, Burroughs seconded to adopt the ordinance with the following conditions:
permitted land use be restricted to those uses permitted including those uses subject to Specific
Use Permits in SF-7 zoning district. Alternate street sections be allowed subject to staff
approval including but not limited to 40 feet of right-of-way with 22-foot street sections with
parking allowed on only one side of the street or 50 feet of right-of-way with 31-foot street
sections with parking allowed on both sides of the street and traffic calming devices used to
reduce the street sections and the intermediate sections along the street. The development shall
be consistent with the Detailed Plan. 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
27. The Council considered and took action on directing the Building Inspector to issue a
“Stop Work Order” to the Denton Affordable Housing Corporation to stop repair and
construction on houses located on Mockingbird known as the Toledo Court project.
City Manager Mike Jez stated that the DAHC had worked out an agreement with the Singing
Oaks Neighborhood Group. He stated that DAHC had agreed to reduce the number of those
units from six to four. As part of the original costing allocation, they had spread the
development costs among those six respective properties. Now those development costs had to
be spread over four units instead of six. To absorb those costs on the four units would push
them towards the cap on what would constitute affordable housing. They would like to talk
with the City about reimbursement for the differences between the four and six unit costing
allocation. He stated if the Council were not willing to spend some public monies to help
facilitate this compromise agreement then they would be back where they were.
The following individuals spoke on the issue:
Linnie McAdams, 1120 Kendolph Drive, Denton, 76205 – opposition
Marilyn Smith, 1716 Sena, Denton, 76201 – opposition
Jane Provo, 303 N. Carroll Blvd., Denton, 76201 – opposition
Carol Lewis, 325 Kingfisher, Denton, 76205 – opposition
Consensus of the Council was to postpone this item until June 22, 1999 meeting and directed
staff to come back with a recommendation for Council to take action.
Council Member Burroughs left the meeting.
28. The Council considered adoption of an ordinance of the City of Denton, Texas
amending Section 15-36 of the Code of Ordinances of the City of Denton, Texas clarifying
provisions related to the enforcement of fair housing complaints; providing a severability
clause and declaring an effective date.
City of Denton City Council Minutes
June 15, 1999
Page 16
Barbara Ross, Community Development Director, stated that this ordinance would afford the
fair housing administrator with an additional option when faced with a fair housing complaint
and that option was the opportunity to pass that complaint on to the Department of Housing
and Urban Development for their consideration and conciliation.
The following ordinance was considered:
NO. 99-209
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION
15-36 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
CLARIFYING PROVISIONS RELATED TO THE ENFORCEMENT OF FAIR
HOUSING COMPLAINTS; PROVIDING A SEVERABILITY CLAUSE AND
DECLARING AN EFFECTIVE DATE.
Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried 6-0.
Council Member Burroughs returned to the meeting.
29. The Council considered and took action on appeal of Fairfield Center, Ltd., prospective
developer of the Fairfield student housing development, being 21.25 acres of land located on
the west side of Bonnie Brae and Windsor/Payne Drive in Denton, Texas, to be relieved from
the provisions of Resolution No. R99-022, as amended, which places a moratorium on multi-
family housing under Section 6 of the Resolution.
City Attorney Herb Prouty stated they had received a letter from Fairfield’s attorney, David
Tatum, stating reasons why they should be exempted. He stated that there were legal issues
raised in the letter and because of the contemplated litigation and the need to talk to the
Council under the attorney-client privilege in executive session, he advised the Council
convene into executive session prior to hearing the appeal, deliberating, and taking action.
Burroughs motioned, Young seconded for the Council to convene into executive session. On
roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson
“aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
The Council reconvened into regular session at 1:03 a.m. on June 16, 1999.
Joe Geary, 16475 Dallas Parkway, Addison, 75001, stated he was the attorney for Fairfield.
He requested the appeal be granted.
The following individuals spoke on the issue:
Bob Shelton, 3505 Teasley, Denton, 76205, – support
Michelle Rinkevich, 2704 Stephen Drive, Denton, 76207 – opposition
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 – opposition
City of Denton City Council Minutes
June 15, 1999
Page 17
Burroughs motioned, Young seconded to grant the appeal under the vested rights statute of
Chapter 245 of the Local Government Code.
Kristoferson called the questions. 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.
On roll vote on the motion to grant the appeal, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
30. The Council considered and took action on request by Robson Communities,
prospective developer of multi-family development, generally west of I-35W and north of
Crawford Road, for an exemption or an exception from the provisions of Resolution No. R99-
022, as amended, which places a moratorium on multi-family housing.
City Attorney Herb Prouty stated they were requesting the appeal based on the fact that they do
not contemplate any multi-family dwellings that are subject to separate leasing of bedrooms
contained in a single dwelling unit. He stated this was one of the reasons they could grant a
request for an exemption.
Cochran motioned, Durrance seconded to deny the request.
Mayor Pro Tem Beasley asked the City Attorney why they were requesting the exception.
Dave Hill, Assistant City Manager of Development Services, stated that the planned
development showed regular multi-family without leasing by the bedroom and an eventual
congregate care facility and that was what they were basing their request for exception on.
Motion and second to deny was withdrawn.
Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “nay”, Young “aye”, and
Mayor Miller “aye”. Motion carried 6-1.
31. The Council considered adoption of an ordinance to annex a 65.174 acre tract located
south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory
Creek 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-83)
Dave Hill, Assistant City Manager of Development Services, stated the Planning and Zoning
Commission recommended approval.
The following ordinance was considered:
City of Denton City Council Minutes
June 15, 1999
Page 18
(FIRST READING)
AN ORDINANCE TO ANNEX A 65.174 ACRE TRACT LOCATED SOUTH OF
NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE)
GENERALLY OPPOSITE HICKORY CREEK 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, 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.
32. 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.
Sharon Mays, Director of Electric Utilities, stated this would give air conditioning rebates to
both residential homes and apartment complexes, but structure rebates only to single-family
residential homes and not to apartments.
The following ordinance was considered:
NO. 99-210
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.
Beasley 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.
33. The Council considered adoption of an ordinance partially vacating a certain utility
easement recorded in the Deed Records of Denton County, Texas, at Volume 1953, Page 268,
City of Denton City Council Minutes
June 15, 1999
Page 19
as it pertains to Lot 11, Block 6, of the Hannah Estates, Phase II Addition to the City of
Denton and known as 1401 Oxford Lane; and providing for an effective date.
The following ordinance was considered:
NO. 99-211
AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT
RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, AT
VOLUME 1953, PAGE 268, AS IT PERTAINS TO LOT 11, BLOCK 6, OF THE
HANNAH ESTATES, PHASE II ADDITION TO THE CITY OF DENTON AND
KNOWN AS 1401 OXFORD LANE; AND PROVIDING FOR AN EFFECTIVE
DATE.
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.
The Council considered Items #34 and #35 together.
34. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and the Salvation Army, a Georgia Corporation, relating to the
purchase of 0.002 acres of land for the expansion of U.S. Highway 77 (Parcel 41); authorizing
the expenditure of funds therefor; and providing an effective date.
35. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and Jon Wesley Hester, relating to the purchase of 0.004 acres of
land for the expansion of U.S. Highway 77 (Parcel 32); authorizing the expenditure of funds
therefore; and providing an effective date.
The following ordinances were considered:
NO. 99-212
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND THE SALVATION ARMY, A GEORGIA
CORPORATION, RELATING TO THE PURCHASE OF 0.002 ACRES OF LAND
FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 41); AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
NO. 99-213
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND JON WESLEY HESTER, RELATING TO THE
PURCHASE OF 0.004 ACRES OF LAND FOR THE EXPANSION OF U.S.
City of Denton City Council Minutes
June 15, 1999
Page 20
HIGHWAY 77 (PARCEL 32); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Beasley seconded to adopt the ordinances. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
36. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and Bel Air Development, Inc., relating to the purchase of 9.920
acres of land for the building of a drainage detention pond pursuant to Cooper Creek and PEC
4 master regional drainage study plan; authorizing the expenditure of funds therefore; and
providing for an effective date.
Deputy City Manager Rick Svehla that this would buy the rest of the detention pond in the Bel
Air Estates subdivision. The Planning and Zoning Commission recommended approval.
The following ordinance was considered:
NO. 99-214
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND BEL AIR DEVELOPMENT, INC., RELATING TO THE
PURCHASE OF 9.920 ACRES OF LAND FOR THE BUILDING OF A DRAINAGE
DETENTION POND PURSUANT TO COOPER CREEK AND PEC 4 MASTER
REGIONAL DRAINAGE STUDY PLAN; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Durrance 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.
37. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the appointment of qualified persons to enforce the disabled parking law in the City
of Denton, Texas and file charges for violations of said law; providing for a severability
clause; providing a savings clause; providing for publication; and providing an effective date.
Captain Joanie Housewright stated this would authorize the Chief of Police to appoint civilian
volunteers to enforce the handicapped parking laws.
The following ordinance was considered:
NO. 99-215
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
APPOINTMENT OF QUALIFIED PERSONS TO ENFORCE THE DISABLED
PARKING LAW IN THE CITY OF DENTON, TEXAS AND FILE CHARGES FOR
VIOLATIONS OF SAID LAW; PROVIDING FOR A SEVERABILITY CLAUSE;
City of Denton City Council Minutes
June 15, 1999
Page 21
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
Kristoferson 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.
38. The Council considered adoption of an ordinance of the City of Denton, Texas
amending Article I of Chapter 6 of the Code of Ordinances relating to “Animals” by adding
Section 6-37 to provide for the transfer of impounded animals to humane societies or other
similar agencies; providing a severability clause; providing a savings clause; and providing an
effective date.
Captain Joanie Housewright stated this ordinance would waive the adoption fee and make
release to animal organizations, whose purpose is the adoption of animals, a transfer. She
stated this would streamline the process.
The following ordinance was considered:
NO. 99-216
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE I
OF CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO “ANIMALS”
BY ADDING SECTION 6-37 TO PROVIDE FOR THE TRANSFER OF
IMPOUNDED ANIMALS TO HUMANE SOCIETIES OR OTHER SIMILAR
AGENCIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Young 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.
39. 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.
The following resolution was considered:
NO. R99-026
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, Durrance seconded to approve the resolution. 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 15, 1999
Page 22
40. The Council received a report and considered a recommendation from the Bond
Oversight Committee.
Deputy City Manager Rick Svehla stated the recommendation was to spend some of the
remaining sidewalk money on a bike lane from Welch to the Square, reallocating some of the
funding from the Southridge Center signal for the improvements on Bell Avenue, and
reallocating some of the right-of-way money which staff believed would not be needed for the
spur from 288 around Spencer and down Mayhill Road to the State School Road overpass to
Nottingham to help with the funding for right-of-way and gas line relocations.
Cochran motioned, Young seconded to approve the recommendation. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”,
and Mayor Miller “aye”. Motion carried unanimously.
41. The Council considered adoption of an ordinance amending the interlocal agreement
between the City of Denton, Texas, and Texas Woman’s University adopted per Ordinance
No. 98-115 to provide funding for Bell Avenue improvements in addition to funding for the
construction of off-street parking to replace parking lost by the expansion of U.S. Highway
380 and a jogging trail; authorizing the Mayor to execute the agreement; approving the
expenditure of funds therefor; and providing for an effective date.
The following ordinance was considered:
NO. 99-217
AN ORDINANCE AMENDING THE INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN’S UNIVERSITY
ADOPTED PER ORDINANCE NO. 98-115 TO PROVIDE FUNDING FOR BELL
AVENUE IMPROVEMENTS IN ADDITION TO FUNDING FOR THE
CONSTRUCTION OF OFF-STREET PARKING TO REPLACE PARKING LOST
BY THE EXPANSION OF U.S. HIGHWAY 380 AND A JOGGING TRAIL;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Durrance 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.
42. The Council considered adoption of an ordinance amending Article II “Board of
Adjustment” of Chapter 35 of the Code of Ordinances of the City of Denton to provide for a
seven-member board and three alternates with the terms and the powers set forth in the body of
this ordinance; providing a severability clause; providing a savings clause; and providing an
effective date.
The following ordinance was considered:
City of Denton City Council Minutes
June 15, 1999
Page 23
NO. 99-218
AN ORDINANCE AMENDING ARTICLE II “BOARD OF ADJUSTMENT” OF
CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO
PROVIDE FOR A SEVEN-MEMBER BOARD AND THREE ALTERNATES WITH
THE TERMS AND THE POWERS SET FORTH IN THE BODY OF THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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.
43. The Council considered adoption of an ordinance amending Article I, Chapter 22 of the
Code of Ordinances of the City of Denton to create a Parks and Recreation Board composed of
seven members who shall make recommendations on parks and recreation to the City Council
and the Director of Parks and Recreation in an advisory capacity, and shall perform other
functions as set forth in the body of this ordinance; providing a savings clause; providing a
severability clause; and providing an effective date.
The following ordinance was considered:
NO. 99-219
AN ORDINANCE AMENDING ARTICLE I, CHAPTER 22 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO CREATE A PARKS AND
RECREATION BOARD COMPOSED OF SEVEN MEMBERS WHO SHALL MAKE
RECOMMENDATIONS ON PARKS AND RECREATION TO THE CITY
COUNCIL AND THE DIRECTOR OF PARKS AND RECREATION IN AN
ADVISORY CAPACITY, AND SHALL PERFORM OTHER FUNCTIONS AS SET
FORTH IN THE BODY OF THIS ORDINANCE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Burroughs motioned, Cochran 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.
The Council drew names to see which position they would be responsible for nominating:
Durrance – vacant position, Young – new position position (99-01), Cochran – Dale Yeatts
position, Miller – Dalton Gregory position, Beasley – Don Edwards position, Kristoferson –
new position (98-00), and Burroughs – Willie Hudspeth (97-99) position.
44. The Council considered appointments to City Council Committees.
City of Denton City Council Minutes
June 15, 1999
Page 24
Council Member Cochran stated he would like to be on the Environmental Committee.
Council Member Young asked to be taken off the Lake Ray Roberts Planning and Zoning.
45. The Council considered nominations and appointments to the City’s Boards and
Commissions.
Airport Advisory Board Council Member Young nominated Hal Jackson
Council Member Durrance nominated Rick Woolfolk
Council Member Burroughs nominated Don Smith
Animal Shelter Advisory Board Mayor Miller nominated Bob Rohr
Council Member Young nominated Paul Carberry
Board of Adjustment Council Member Young nominated Tom Reece
Council Member Cochran nominated Greg Muirhead
Mayor Miller nominated Joe Bendzick
Community Development Council Member Young nominated Harry Bell
Advisory Board
Construction Advisory & Council Member Kristoferson nominated Alan Nelson (architect)
Appeals Board Mayor Pro Tem Beasley nominated Scott Richter (contractor)
Historic Landmark Commission Mayor Pro Tem Beasley nominated Peggy Capps
City of Denton City Council Minutes
June 15, 1999
Page 25
Human Services Committee Council Member Kristoferson nominated Lynn Ebersole
Council Member Young nominated Mae Nell Shepherd
Council Member Burroughs nominated Terri Rheault
Mayor Pro Tem Beasley nominated Peggy Kelly
Mayor Miller nominated Elinor Hughes
Keep Denton Beautiful Council Member Kristoferson nominated Kevin Kasparek
Mayor Pro Tem Beasley nominated Geri Aschenbrenner
Library Board Mayor Pro Tem Beasley nominated Ken Ferstl
Council Member Burroughs nominated Michiko Hayhurst
Council Member Young nominated Gwendolyn Carter
Parks & Recreation Board Mayor Pro Tem Beasley nominated Don Edwards
Mayor Miller nominated Dalton Gregory
Planning & Zoning Commission Council Member Kristoferson nominated Elizabeth Gourdie
Mayor Miller nominated Susan Apple
Council Member Durrance nominated Rudy Moreno
Public Utilities Board Council Member Kristoferson nominated Weaver McClure
Council Member Young nominated Joe Mulroy
Mayor Pro Tem Beasley nominated Jim Wilson
Council Member Young nominated Bob Powell
Traffic Safety Commission Mayor Pro Tem Beasley nominated Charles Riddens
46. Miscellaneous Matters from the City Manager.
City Manager Jez did not have any items for Council.
47. New Business
There were no items of New Business suggested by Council for future agenedas.
48. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
49. 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 2:00 a.m.
__________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
_______________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
City of Denton City Council Minutes
June 15, 1999
Page 26
CITY OF DENTON, TEXAS