Minutes June 22, 1999 CITY OF DENTON CITY COUNCIL MINUTES
June 22, 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 22, 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
nd
No. 5, Cause 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.
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. Considered and discussed the valuation and related strategies pertaining to the
possible sale, transfer, assignment, or other divestiture of real property
pertaining to the City of Denton’s electric utility system, including, without
limitation: its interests in the Texas Municipal Power Agency, including the
Gibbons Creek electric generation facility located in Grimes County, Texas;
the Spencer electric generation facility located on Spencer Road in Denton,
Denton County, Texas; the two hydroelectric facilities located in Denton
County, Texas; and other components of the City’s electric generation assets.
Conducted a consultation with the City’s attorneys in order to consider and
discuss various options and strategies, and to obtain the advice and
recommendations of the City’s attorneys respecting the issues pertaining to the
City’s electric generation assets referenced in this paragraph.
The Council convened into a Work Session on Tuesday, June 22, 1999 at 6:00 p.m. in the
Work Session Room at City Hall.
1. The Council received a report, held a discussion, and gave staff direction regarding the
Denton Public Library System and Master Plan.
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June 22, 1999
Page 2
Carol Brown, consultant, reviewed the agenda materials relative to the Master Plan.
Community indicators in Denton relevant to library planning indicated that the population
growth would continue in the city and county; the population of Denton had a relatively high
educational level; the city was interested in planned economic development and growth
management; the downtown area was the historical and cultural center of the city; Denton was
the home to two major universities, and neighborhoods were an important element of Denton’s
growth management strategy. She reviewed the assessment of the present library,
recommendations for sites and facilities, estimated construction cost of first and second phases;
and long-range goals and objectives.
Council Member Cochran felt that before proceeding, the most important part would be a
citizen group to explore the options presented.
Council Member Kristoferson wanted to make sure that any new construction would build to
accommodate and not under build.
Mayor Pro Tem Beasley felt that there had already been a lot of citizen input regarding the
Plan and questioned what else would be needed.
Council Member Cochran stated that such a group would take general directions from the Plan
and make specific recommendations.
Kathy DuBose, Assistant City Manager for Finance, stated that the current citizens committee
for the bond program might be able to have a focus group dealing with new libraries.
Council Member Young felt that the old Food Lion site would be a good location for a north
branch library. The old steam plant would be a good location for a downtown location.
Mayor Miller felt it was an excellent plan and Council should endorse it and send on to the
CIP Committee.
Consensus of Council was to pass the Plan on to the CIP Committee for consideration.
2. The Council received a report, held a discussion, and gave staff direction regarding
entering into a tax abatement agreement with Peterbilt Motors Company and establishing a
reinvestment zone.
Linda Ratliff, Director of Economic Development, stated that the project with Peterbilt
involved the renovation of the interior of Peterbilt’s manufacturing facility to accommodate
additional equipment. The Joint Tax Abatement Committee voted approval at their May
meeting. It was estimated that the project would provide an additional $16,682,000 in tax
valuation the first year, with subsequent annual increases. If Council directed staff to proceed
with the tax abatement agreement, a reinvestment zone must be established. This would
require public notification in the newspaper and a public hearing prior to City Council
approval.
Mayor Pro Tem Beasley felt a committee should assess the concept of tax abatements and
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June 22, 1999
Page 3
determine whether or not to have such a policy. She would agree with this agreement but felt
that a committee should be formed to consider the entire issue.
Consensus of Council was to proceed with the public notification and public hearing for
consideration of the tax abatement agreement. A future citizen committee would be formed to
consider the entire issue of tax abatements.
3. The Council received a preliminary assessment, held a discussion, and gave direction to
staff with regard to the proposed annexation of a 167.5-acre tract of land located south of
Robinson Road and east of Teasley Lane.
Dave Hill, Assistant City Manager of Development Services, stated that the proposed
development was 151.5 acres of single-family residential development at 4 units per acre and
16 acres of commercial development. This would be a voluntary annexation for Council
consideration.
Council Member Kristoferson asked about the separation of annexation and zoning.
Hill stated that staff was moving toward the procedure of having annexation separated from
zoning.
Consensus was to move forward with the annexation.
4. The Council received a report, held a discussion, and gave staff direction regarding the
public involvement schedule and the public review edition of the Draft Comprehensive Plan.
Dave Hill, Assistant City Manager of Development Services, stated that this work session was
to allow for final plan adjustments prior to public review of the draft comprehensive plan.
Staff would make revisions as directed by the Council. Continued plan revisions were
anticipated in response to public comments throughout the months of July, August and
September 1999.
Mayor Pro Tem Beasley suggested holding any changes to the document until after receiving
public comments.
Council Member Cochran felt that there were several areas where the density of Denton was
not consistent. Some figures used developed area and other figures used undeveloped area.
He suggested being consistent with that figure throughout the document. There were no
standards noted for pocket parks in the definition section dealing with types of parks.
Hill stated that pocket parks were more of a function of a private development than a public
development. They would be the development of a homeowner’s association rather than the
City.
Ed Hodney, Director of Parks and Recreation, stated that a pocket park was envisioned to be
additional urban open space. “Urban Open Space”, either public or private, could be
incorporated into the document.
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June 22, 1999
Page 4
Council Member Cochran felt that the section dealing with development in an environmentally
sensitive location might be better-titled “development in historic locations”. He felt the section
dealing with “adequate public facilities standard as a tool to deal with growth” should have a
more prominent location in the document. He felt it should be more specific and added to the
growth management strategy section.
Council held a discussion dealing with the issue of density and the philosophy of density.
Council Member Durrance requested that his comments be included in the draft for public
review.
Consensus of the Council was to continue with the schedule as presented. A meeting would be
scheduled for either the Martin Luther King, Jr. Recreation Center or Rivera School. The
draft document would have a change in font style in order to be more readable for the public.
The proposal would be placed on the web site with color copies available at the libraries.
Above suggestions by Council Member Cochran would be incorporated into the document
wherever feasible.
5. The Council received a report, held a discussion, and gave staff direction regarding a
proposed revenue philosophy for parks and recreation services.
Ed Hodney, Director of Parks and Recreation, reviewed the study materials as indicated in the
agenda materials.
Council Member Durrance stated that he agreed with the proposed adjustments. He requested
information regarding those programs that were under priced in order to better determine
appropriate pricing.
Consensus was to return with the proposal during the budget process. Movement should be
towards the national standard with emphasis on an evaluation of each program.
6. The Council received a report, held a discussion, and gave direction on sidewalk
projects in southeast Denton.
Rick Svehla, Deputy City Manager, stated that Council Member Young had asked for possible
funding of a sidewalk on Kerley Street.
Council Member Young indicated that he was in support of the sidewalks on Kerley Street.
Mayor Pro Tem Beasley stated that at the last NICE meeting the residents were not in favor of
the sidewalks. She suggested contacting the residents again as to whether or not they wanted
the sidewalks and where they wanted the sidewalks.
Consensus of the Council was to proceed with Option One to build the sidewalks along Kerley
Street from Duncan to the new Kerley Street bridge.
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June 22, 1999
Page 5
7. The Council considered and gave staff direction concerning an ordinance amending
Article IV “Planned Development District” of Chapter 35 “Zoning” of the Code of Ordinances
to provide for time limits on all steps and procedures in the planned development districts;
providing for certain action by the Planning and Zoning Commission and the City Council in
the event that steps in the process are not timely completed; providing for consideration of the
conformance of a particular planned development district to the comprehensive plan and other
Denton and use policies and regulations; providing for a penalty not to exceed $2,000 for
violations of this ordinance; providing a severability clause; and providing a savings clause.
This item was postponed.
Following the completion of the Work Session the Council convened into a Special Called
Session.
1. The Council considered approval of drainage improvements on Pecan Creek from
Ruddell Street to Woodrow Lane.
Rick Svehla, Deputy City Manager, stated that staff had been looking at alternatives for the
channel for the past six months. It was felt that the original proposal was still valid and should
be implemented.
Council Member Young felt that the City should have had better planning before the project
was started. He was in favor of the original proposal as it was not right to place the additional
cost for the suggested options on the taxpayers.
Young motioned, Beasley seconded to approve the original proposal.
Council Member Kristoferson reminded Council of a discussion she had with the former
Director of Water Utilities regarding the inappropriate building in the floodplain. The
questioned property was in a floodplain and with current standards could not be built on. She
hoped that the trees would be replaced inch by inch.
Willie Hudspeth stated that he was disappointed with the Council. He would be responding to
the Council’s decision at a future date.
On roll vote to approve the original proposal, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
2. The Council received a report, held a discussion, and gave staff direction regarding the
use of HOME funds for Toledo Court.
Dave Hill, Assistant City Manager of Development Services, stated that there were two major
options available for Council consideration regarding this issue as noted in the agenda
materials. Staff was recommending approval of Option One. Option One would reallocate
Community Housing Development Organization set aside funds to be used for rehabilitation
and/or improvements to the project site.
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June 22, 1999
Page 6
Beasley motioned, Young seconded to approve Option One.
City Manager Jez suggested that if Council accepted Option One that a memorandum of
understanding be drafted to be signed by representatives of both groups.
Beasley and Young agreed to incorporate that memorandum into the motion and second.
Council Member Durrance asked if the previously approved RFP would be rescinded. He
asked to see the memorandum of understanding before taking a vote.
Hill replied correct.
Council Member Kristoferson suggested continuing with the development of an RFP.
Council Member Cochran stated that there would now be four 10,000 square foot lots
developed on the property. He felt it was not the best use of the money by using public money
to develop these lots instead of using it for programs for lower income residents.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson
“aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
3. 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.
This item was not considered.
4. The Council considered approval of a resolution authorizing the Mayor to execute a
revised version of an interlocal apportionment agreement between the City of Denton, Texas
and the Town of Northlake, Texas attesting and consenting to the adjustment of extraterritorial
jurisdiction boundary lines between the cities and providing for the provision of municipal
services; ratifying past actions; and providing an effective date.
The following resolution was considered:
NO. R99-027
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A REVISED
VERSION OF AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE TOWN OF NORTHLAKE, TEXAS
ATTESTING AND CONSENTING TO THE ADJUSTMENT OF
EXTRATERRITORIAL JURISDICTION BOUNDARY LINES BETWEEN THE
CITIES AND PROVIDING FOR THE PROVISION OF MUNICIPAL SERVICES;
RATIFYING PAST ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 22, 1999
Page 7
Young motioned, Burroughs 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.
Council considered Item 6.
6. The Council considered adoption of two ordinances to involuntarily annex two tracts of
land located in the southwestern section of the City of Denton extraterritorial jurisdiction,
amounting to approximately 2,077 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)
The following ordinance was considered:
NO. 99-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 125 ACRES LOCATED ON THE WEST SIDE OF I-35W AND
NORTH OF CRAWFORD ROAD; PROVIDING A SEVERABILITY 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.
The following ordinance was considered:
NO. 99-220
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 1,952 ACRES, LOCATED ON THE WEST SIDE OF I-35W, NORTH
OF CRAWFORD ROAD, AND EAST OF FLORENCE ROAD; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Cochran 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.
5. The Council considered adopting an ordinance to annex a 2,745.51 acre tract generally
located at the southwestern extraterritorial jurisdiction boundaries of the City of Denton, Texas
City of Denton City Council Minutes
June 22, 1999
Page 8
and northeastern extraterritorial jurisdiction of the Town of Northlake, Texas, between I-35W
and Florence Road, and between Crawford and Lively, 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-87)
Dave Hill, Assistant City Manager of Development Services, stated that this would be the first
reading for 794 acres of voluntary annexation.
The following ordinance was considered:
(FIRST READING)
AN ORDINANCE TO ANNEX A 2,745.51 ACRE TRACT GENERALLY
LOCATED AT THE SOUTHWESTERN EXTRATERRITORIAL JURISDICTION
BOUNDARIES OF THE CITY OF DENTON, TEXAS AND NORTHEASTERN
EXTRATERRITORIAL JURISDICTION OF THE TOWN OF NORTHLAKE,
TEXAS, BETWEEN I-35W AND FLORENCE ROAD, AND BETWEEN
CRAWFORD AND LIVELY, TO APPROVE A SERVICE PLAN FOR THE
ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO
PROVIDE FOR AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance for the first reading of
approximately 794 acres. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
7. The Council held a public hearing and considered adoption of two ordinances to
temporarily designate two tracts of annexed land, amounting to approximately 2,077 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)
The Mayor opened the public hearing.
Steve Soreano stated that they were appreciative of the City’s involvement in the process.
The Mayor closed the public hearing.
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June 22, 1999
Page 9
Beasley motioned, Burroughs seconded to temporarily designate the two tracts as agricultural.
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 and took action on appeal of Hou Dal Affordable Housing, the
developer of Serenity Village of Denton, a proposed (seniors) multi-family development at
Loop 288 and Spencer Road in the City of Denton, Texas, for an exception to be relieved from
the provisions of Resolution No. R99-022, as amended, which places a moratorium on multi-
family housing, under Section VII (now Section VIII) of the resolution.
Cochran motioned, Burroughs seconded to approve the appeal. 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 and took action on the appeal of Internacional Realty, Inc.,
developer of a multi-family housing development being 19.33 acres of property located on the
east side of Meadow Street, the south side of Inman Street, and just north of I-35 East in
Denton, Texas, to be relieved of the provisions of Resolution No. R99-022, as amended,
which places a moratorium on multi-family houses, under Section VI (now Section VII) of the
resolution.
City Attorney Prouty stated that the developer was appealing for an exception to the
moratorium based on the fact that prior to the enactment of the moratorium, they already had a
preliminary plat accepted by the Development Review Committee as a complete filing and had
been recommended to the Planning and Zoning Commission for approval. Staff was
recommending the Council grant the appeal.
Young motioned to grant the appeal based on vested rights. Motion died for lack of second.
Cochran motioned, Beasley seconded to grant the exception. 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.
10. The Council considered approval of a Project Cooperation Agreement (PCA) between
the Department of the Army (Corps) and City of Denton, Texas (Denton) for modification of
the Lewisville Lake Wildlife Management Area, Lewisville Lake, Texas.
The following ordinance was considered:
NO. 99-222
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF
THE ARMY AND THE CITY OF DENTON, TEXAS FOR MODIFICATION OF
THE LEWISVILLE LAKE WILDLIFE MANAGEMENT AREA, LEWISVILLE
LAKE, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
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June 22, 1999
Page 10
Beasley 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.
11. The Council considered adoption of an ordinance of the City of Denton, Texas
approving and authorizing the Mayor to execute an Interlocal Cooperation Agreement by and
between the City of Denton and the City of Corinth, Texas providing for the installation of
water and sewer lines within the city limits of both cities in order to provide services to the
Bryden Addition and the Wynnstone at Oakmont – Phase I Developments; and providing an
effective date.
The following ordinance was considered:
NO. 99-223
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND THE CITY OF
CORINTH, TEXAS PROVIDING FOR THE INSTALLATION OF WATER AND
SEWER LINES WITHIN THE CITY LIMITS OF BOTH CITIES IN ORDER TO
PROVIDE SERVICES TO THE BRYDEN ADDITION AND THE WYNNSTONE
AT OAKMONT – PHASE I DEVELOPMENTS; 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.
12. The Council considered nominations and appointments to the City’s Boards and
Commissions.
Council voted on the nominations made at a prior meeting and then made nominations for
future consideration. Attachment A detailed those appointments and nominations.
13. Council considered appointments to City Council committees.
Attachment B detailed the Council committee selections.
Mayor Miller asked staff to develop a process for small area planning for southeast Denton.
Council Member Durrance suggested the possibility of having subsequent meetings in July.
Council Member Young requested an investigation as to why the electricity went out during the
Juneteenth celebration.
Council Member Cochran suggested having the city meetings posted on the web site.
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June 22, 1999
Page 11
14. 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 12 midnight.
__________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS