Minutes August 03, 1999CITY OF DENTON CITY COUNCIL MINUTES
August 3, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, August 3, 1999 at 5:15 p.m. in the Council
Work Session Room.
A. Consultation with Attorney— Under TEX. GOV’T. CODE Sec. 551.071.
Regular Meeting of the City of Denton City Council on Tuesday, August 3, 1999 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance,
Kristoferson and Young.
ABSENT: Council Member Burroughs
1. Pledge of Allegiance
The Council and citizens recited the Pledge of Allegiance to the U.S. and Texas flags.
2. The Council considered approval of the minutes of April 6, April 9, April 13, April 20,
April 21 and April 27, 1999.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
PRESENTATIONS
3. Texas Lone Star Chapter of the Solid Waste Association of North America 1999 Road-E-
O Awards
David Dugger explained what the Road-E-O was and introduced Leroy Ayers and Randall
Morris who received trophies during the Road-E-O.
4. August Yard of the Month Awards
Mayor Miller presented the August yard of the month awards to:
Brenda Floyd
Mary Nell and Larry Kounes
Mr. and Mrs. John Hicks
Jacci Grey
Sonic Drive-In, Colorado Blvd.
CITIZEN REPORTS
5. The Council received a citizen report from Nell Yeldell regarding tax and deeds.
Ms. Yeldell was not present.
City of Denton City Council Minutes
August 3, 1999
Page 2
CONSENT AGENDA
Cochran motioned, Beasley seconded to approve the Consent Agenda and the accompanying
ordinances and resolution. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
6. NO. 99-246
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE
TO THE CONTRACT FOR THE PURCHASE OF TUBULAR STEEL
TRANSMISSION LINE STRUCTURES BETWEEN THE CITY OF DENTON AND
THOMAS & BETTS CORPORATION; PROVIDING FOR AN INCREASE IN THE
SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND
PROVIDING AN EFFECTIVE DATE. (BID #2346 – TUBULAR STEEL
TRANSMISSION LINE STRUCTURES (POLES) – THOMAS & BETTS
CORPORATION - $420,000 PLUS CHANGE ORDER 1 –$39,992)
7. NO. 99-247
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION
LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID #2385 – BRIDGES/CARPENTER
WATERLINES – JAGOE PUBLIC COMPANY - $151,965)
8. NO. 99-248
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ARMSTRONG-BERGER, INC.
TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN AND
CONSTRUCTION DOCUMENTS OF THE DOWNTOWN IMPROVEMENTS
PROJECT AND RELATED SERVICES AS SET FORTH IN THE CONTRACT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (PROFESSIONAL SERVICES AGREEMENT 2398 –
ARMSTRONG AND BERGER, INC. – $72,825)
9. NO. 99-249
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF SOFTWARE, HARDWARE AND INSTALLATION SERVICE FOR
INTERNET ACCESS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE. (P. O. #96572 - AMERITECH LIBRARY SERVICE – $44,269)
City of Denton City Council Minutes
August 3, 1999
Page 3
10. NO. 99-250
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION
OF A PLANNING AND DEVELOPMENT DEPARTMENT PROJECT
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. (P. O. #96583 TO
H.T.E., INC. – $319,815)
11. NO. 99-251
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MULTI-PURPOSE WHITE
(COPY) PAPER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID #2376 – WHITE MULTI-PURPOSE
PAPER ANNUAL CONTRACT – ZEROX CORP.)
12. NO. 99-252
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 98-190 TO
INCREASE THE SIZE OF LIBERTY CHRISTIAN SCHOOL’S SCHOOL ZONE;
DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES;
REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL
SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE
BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR
THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES
AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
13. NO. 99-253
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING
ON THE WEST SIDE OF FULTON STREET FROM LINDEN STREET TO
CRESCENT STREET ON SCHOOL DAYS FROM 8:00 A.M. UNTIL 4:00 P.M.;
PROVIDING TWO HOUR RESTRICTED PARKING FROM 8:00 A.M. UNTIL 4:00
P.M. ON THE EAST SIDE OF FULTON STREET FROM LINDEN STREET TO
CRESCENT STREET WITH A TWENTY-FIVE FOOT NO PARKING ZONE ON
EACH SIDE OF THE 2 HOUR RESTRICTED PARKING SPACES; PROVIDING A
TEN FOOT NO PARKING AREA ON BOTH SIDES OF THE DRIVEWAY WHICH
IS ON THE EAST SIDE OF FULTON STREET; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 3, 1999
Page 4
14. NO. R99-033
A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND OTHER
APPROPRIATE AGENCIES RELATING TO THE NOMINATION OF DENTON’S
HISTORIC UNION PACIFIC FREIGHT DEPOT FOR FUNDING UNDER THE
ST
TRANSPORTATION EQUITY ACT FOR 21 CENTURY THROUGH THE
STATEWIDE ENHANCEMENT PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
15. NO. 99-254
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO
ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH
FREGONESE, CALTHORPE & ASSOCIATES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(PROFESSIONAL SERVICES AGREEMENT 2404 – FREGONESE CALTHORPE &
ASSOCIATES - $50,440 FOR PHASE I)
PUBLIC HEARINGS
16. The Council held a public hearing and considered rezoning 0.320 acres from a Multi-
Family dwelling (MF-1) zoning district to General Retail (GR) zoning district. The 0.320-acre
property, commonly known as 2526 Louise Street, was legally described as the western 90 feet
of Lot 10-R, Block 9 of the Owsley Park Addition and was located on the northeast corner of
Bonnie Brae and Louise Street. The proposal was for a retail/grocery/deli type business. The
Planning and Zoning Commission recommended approval (5-2) with conditions. (Z-99-037,
2526 Louise Street)
Mark Donaldson, Assistant Director of Planning, stated this was in the Owsley Addition. He
noted the conditions in the agenda materials that were recommended by the Planning and Zoning
Commission.
The Mayor opened the public hearing.
The following individuals spoke regarding the proposal:
Oscar Jimenez, 2729 Mistywood, Denton, 76201 - favor
Glen Daniels, 2505 W. Hickory, Denton, 76201 - opposition
Katie Crowder, 305 Ridgecrest, Denton, 76205 - opposition
Kristoferson motioned, Beasley seconded to approve the proposal with the conditions
recommended by the Planning and Zoning Commission and with the condition of no on and off
premise sale of beer/wine. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote.
City of Denton City Council Minutes
August 3, 1999
Page 5
Item #18 was considered:
18. The Council held a public hearing regarding the proposed voluntary annexation of a
37.11-acre tract located on the east side of Teasley Lane approximately 700 feet south of
Hickory Creek Road in the City of Denton’s extraterritorial jurisdiction. (A-88-Teasley Lane
near Hickory Creek)
Mark Donaldson, Assistant Director for Planning, reviewed the details of the voluntary
annexation as noted in the agenda materials.
Council Member Burroughs arrived at the meeting.
The Mayor opened the public hearing.
The following individuals spoke regarding the annexation.
Brenda Phillips, 1101 Buena Vista, Denton, 76205 – favor (also in favor of Items #19-20)
Oscar Blankemeyer, 5353 Teasley Lane, Denton, 76205 – favor
No one spoke in opposition.
The Mayor closed the public hearing.
19. The Council held a public hearing regarding the proposed voluntary annexation of a
34.40 acre tract located on the north side of Ryan Road and east of Forest Ridge Drive in the
City of Denton’s Extraterritorial Jurisdiction (ETJ). (A-90, Shadow Brook Place)
Mark Donaldson, Assistant Director for Planning, reviewed the details of the proposed voluntary
annexation as indicated in the agenda materials.
The Mayor opened the public hearing.
No one spoke in favor or opposition.
The Mayor closed the public hearing.
20. The Council held a public hearing regarding the proposed voluntary annexation of 46.21
acres located at the southeast corner of Nowlin Road and Robinson Road in the extraterritorial
jurisdiction of the City of Denton, Texas. The zoning at the time of annexation would be
Agricultural (A). (A-91, Kirby Tract)
Mark Donaldson, Assistant Director for Planning, reviewed the details of the voluntary
annexation as noted in the agenda materials.
Mayor Miller opened the public hearing.
No one spoke in favor or opposition.
City of Denton City Council Minutes
August 3, 1999
Page 6
The Mayor closed the public hearing.
Council returned to the regular agenda order.
17. The Council held a public hearing and considered adopting separate ordinances to annex
and zone a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley
Lane) generally opposite Hickory Creek Road, presently in the City of Denton’s ETJ. (A-83, Top
of the Hill Subdivision)
A. Considered adopting an ordinance, on second reading, 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. (A-83, Top of the Hill Subdivision)
B. Held a public hearing and considered rezoning 65.174 acres from a temporary
Agricultural (A) zoning district to a Planned Development (PD) zoning district.
The 65.174 acre property was located south of Nowlin Road on the east side of
FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road. The proposal
was for 40.37 acres of single-family residential at 4 units per acre and a minimum
lot size of 5,750 square feet, 20.23 acres of single-family residential with a
minimum lot size of 10,000 square feet and 0.084 acres Commercial (C) for a
future telecommunications tower. The Planning and Zoning Commission
recommended approval (7-0) with conditions. (Z-99-025, Top of the Hill
Subdivision)
The following ordinance was considered:
NO. 99-256
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65.174 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181
(TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK ROAD, IN THE
COUNTY OF DENTON; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to approve the annexation. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
Donaldson reviewed the request for rezoning.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
City of Denton City Council Minutes
August 3, 1999
Page 7
Bob Nelson, 3229 Dunes, Denton, 76201 - favor
David Howell, 15851 Dallas Parkway, Addison, 75001 - favor
Ben Pinnell, Rt. 13, Corinth - favor
Frank Rabold, 1301 Buena Vista, Denton, 76205 - opposition
The Mayor closed the public hearing.
Kristoferson motioned, Durrance seconded to approve the zoning request for Tracts One and
Two and on Tract 3 allow for 3 units per acre net exclusive of the greenspace and amenities and
the removal of the telecommunications tower.
Mayor Pro Tem Beasley questioned the 3 units per acre net of the greenspace.
Council Member Kristoferson stated that the developers had indicated that the project was 2.82
units on a gross spaceage. That meant that all of the amenities were taken out and then the lot
size was based on that acreage. The neighbors were under the impression that the density was 3
units per acre. Now the density was listed as 4 units per acre but was figured on the gross
acreage.
Donaldson stated that currently there was nothing in the zoning ordinance that required the open
space. The site plan was not attached to the ordinance, only the list of attributes was attached.
The exhibits attached to the ordinance were the concept plan, the mets and bounds and the list of
zoning attributes. There was no language in the proposed ordinance that required a certain
amount of open space within Tract Three.
Council Member Kristoferson pointed out that Exhibit C indicated 5% open space.
Donaldson replied that was correct so approximately 2.5 acres of open space would be required.
The developer stated that the tower was already in place and had been done before the
annexation of the land.
Mayor Miller stated that he was against the motion as it was a step backwards. He felt the
Council got caught up in the size of lots and was not considering the amenities. The
recommendation by the Planning and Zoning Commission looked at the fact that the 1988 plan
analysis met the requirements of that plan and also the 1998 plan. He felt the concept was
favorable. Removal of the tower was not possible as it had been done prior to the annexation of
the property. He was in favor of approval of the plan as recommended by staff.
Council Member Young stated that he was against the motion. The developer had done
everything that the City had asked and still some of the Council was not satisfied.
Council Member Burroughs felt that that the proposal was a similar goal as to what should be
done with the city. This development fell in line with the approach for the city. He felt this was
a high quality development. The proposal had certain built-ins with the developer’s vision for
the property. The bottom line was that the developer was trying to make as much green space as
possible and that was reflected in the concept plan. The entire community would benefit from
City of Denton City Council Minutes
August 3, 1999
Page 8
that concept. The traffic question was a problem but that was a problem with any city that was
growing. He would be voting against the motion.
Council Member Cochran felt that the issue of the tower clouded the motion. The developer had
an existing lease to a third party for the tower and he had a difficulty ignoring that situation. He
questioned how much it was relative to the motion.
Council Member Kristoferson stated that the tower was secondary to the points of traffic and
density. There were no opportunities for mass transportation in this area. The proposed density
in her motion was one way to lower traffic congestion. She would be willing to not consider the
tower for the density.
Mayor Pro Tem Beasley stated that she agreed that the tower should not be considered as a lease
was already done prior to annexation. She wanted to have open space but also did not want
urban sprawl. She felt some larger lots in the development would be good but also wanted the
green space and amenities. Four units per acre might be too dense but the motion might be too
less dense. She would vote against the motion.
Council Member Durrance felt that the citizens were concerned with density. The growth
management strategies indicated that this property was for low density. This proposal was not
for low density. Traffic was not the sole issue but was a concern of his.
On roll vote for Council Member Kristoferson’s motion, Beasley “nay”, Burroughs “nay”,
Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”.
Motion failed with a 2-5 vote.
Young motioned, Burroughs seconded to approve the proposal as per the Planning and Zoning
Commission’s recommendations.
Council Member Cochran felt this was a quality project and that the developers had tried to tailor
it to the land. But he also did not think that it meant that the property was right for that level of
development if the infrastructure was going to fail. He would not vote for the motion.
Mayor Pro Tem Beasley stated that she would not vote for the motion as it was still not right for
her. She felt that 3.5 units per acre would be good.
The following ordinance was considered:
NO. 99-257
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 65.17 ACRES OF
LAND GENERALLY LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE
OF FM 2181 (TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK
ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
City of Denton City Council Minutes
August 3, 1999
Page 9
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
After Council discussion of the motion, Council Member Young amended his motion and
Council Member Burroughs agreed to a maximum of 140 units and that Attachment 5 would
become a part of the ordinance as an indication of the type of development of open space.
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.
The Council considered Item #25.
25. The Council held a public hearing and considered adopting separate ordinances to annex
a 794 acre tract and zone a 2,725 acre tract located generally between I-35W and Florence Road
and between Crawford road and Lively Road. (A-87 and Z-99-044 Robson Ranch)
A. Considered adopting an ordinance on second reading to voluntarily annex the
subject 794-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. This was the
second reading of the ordinance. The Planning and Zoning Commission
recommended approval.
B. Held a public hearing and considered adopting an ordinance to zone the subject
2,725-acre tract to a Planned Development (PD) zoning district. The requested
rezoning was for a planned resort retirement community with residential,
neighborhood services; outdoor recreation and community service uses. The
Planning and Zoning Commission recommended approval.
The following ordinance was considered:
NO. 99-264
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 794 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
GENERALLY LOCATED AT THE SOUTHWESTERN EXTRATERRITORIAL
JURISDICTION BOUNDARIES OF THE CITY OF DENTON, TEXAS AND
NORTHWESTERN EXTRATERRITORIAL JURISDICTION OF THE TOWN OF
NORTHLAKE, TEXAS, BETWEEN I-35W AND FLORENCE ROAD, AND
BETWEEN CRAWFORD AND LIVELY ROAD IN THE COUNTY OF DENTON,
TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance for annexation. 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
August 3, 1999
Page 10
Dave Hill, Assistant City Manager for Development, presented the layout of the proposal. The
general use was to rezone the property to a planned resort retirement community. The applicant
structured the permitted land uses and lot sizes and bulk and mass to meet certain product uses.
The Planning and Zoning Commission recommended approval with several conditions as noted
in the agenda materials. Robson representatives had asked to have a consideration of variances
to important design elements as part of the concept design approval. Staff was not comfortable
with that at this point in time. Item #4 of the Planning and Zoning Commission recommendation
acknowledged the fact that there might be some situations to give a variance to the entire concept
plan but acknowledged that they would work with the process. There was a lot of discussion at
the Planning and Zoning Commission relative to landscaping and the intent of the applicant to
comply and wanting some concessions. The Planning and Zoning Commission recommended
approval allowing 50% of the required trees to be less than 3’ in caliper. Staff felt that if
research showed that there was a need to provide relief to the landscape ordinance, then the
landscape ordinance should be changed rather than provide variances on an individual property
basis. It was staff’s opinion that at this time there was no data that indicated that a hardship
existed at this point. There was no detailed plan submitted with this concept plan.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Steve Soreano, Robson Properties - favor
Jim Carter, 204 Fresh Meadow, Trophy Club, 76262 - favor
Richard Webster, Ponder, 76259 – favor
Terry Clower, 2214 Cedarwood, Garland, 75040 – favor
Riley Mills, 113 Seminole Drive, Trophy Club, 76262 – favor
Peggy Capps, 915 W Oak, Denton, 76201 – favor
Bob Moses, 1400 Robinson Road, Denton, 76205 – favor
D A. Sharpe, 8618 Baltimore Drive, Dallas, 75225 – favor
Raymond Redmon, 710 Prairie Street, Denton, 76205 – favor
Dan Martin, 717 LaFayette Drive, Denton, 76205 – favor
David Eaton, 1612 Paisley Drive, Arlington, 76015 - favor
Richard Tucker, 406 Country Club Road, Argyle, 76226 – favor
Ken Burdick, 2112 Pembrooke Place, Denton, 76205 – favor
Tony Clark, 3516 Belmont, Denton, 76205 - favor
Mayor Miller indicated that he had speaker cards and faxes from the following individuals who
did not wish to speak regarding the proposal:
A petition with 150 names in support
Dave Ross, 1124 McCormick, Denton, 76201 - favor
Jim Stuckey, 5236 W. Lively Rd., Ponder, 76259 - favor
Chris Rosprim, 2113 Emerson, Denton, 76201 - favor
Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - favor
Ellen Painter, 207 N. Bonnie Brae, Denton, 76201 - favor
Ray Bejarnno, 2021 Lamprey, Denton, 76205 - favor
Kirk King, 1505 Lynhurst, Denton, 76205 – favor
Darrell Mitchell, 1412 Lynhurst, Denton, 76205 - favor
City of Denton City Council Minutes
August 3, 1999
Page 11
Christine Rowl, 1300 Vista Verde, Denton, 76205 - favor
Priscilla Sanders, 408 Hollyhill, Denton 76205 - favor
Greg Sawko, 3505 Forrestridge, Denton, 76205 - favor
Dick Smith, 1903 Maid Marian, Denton, 76201 - favor
Kari Vick, 1008 Coit, Denton, 76201 - favor
Scott Vick, 1008 Coit, Denton, 76201 - favor
Craig Woodcook, P.O. Box 2185, Denton, 76202 - favor
Troy LaGrone, 529 Magnolia, Denton, 76201 - favor
Ed Frantz, 2801 I-35, Denton, 76202 - favor
Jon Phillips, 3400 Fallmeadow, Denton, 76201 - favor
Ashley House, 1305 Foxhollow, Denton, 76205 - favor
Andrew Gregory, 921 Edgewood, Denton, 76201 - favor
Bob Haley, 3535 I-35, Denton, 76205 - favor
Janet French, 907 Coit, Denton, 76201 - favor
Nancy Horntt, 2901 Destin Drive, Denton, 76205 - favor
Stephen Finley, 2615 Wellington, Denton, 76201 - favor
Leslie Thompson, 2425 E. Windsor, Denton, 76201 – favor
Gayle Harris, 1305 Foxhollow, Denton, 76205 – favor
Caleb O’Rear, 3344 Ashcroft Lane, Denton, 76207 - favor
Letter from Denton Community Hospital – Tim Charles - favor
Fred Pole – letter - favor
Ken Willis – fax – favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-265
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2,725 ACRES OF
LAND GENERALLY LOCATED BETWEEN I-35W AND FLORENCE ROAD, AND
BETWEEN CRAWFORD AND LIVELY; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance with condition #5 changed to add the
wording subject to verification during the detailed plan.” On roll vote, Beasley “aye”, Burroughs
“aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
Item #22 was considered.
22. The Council continued a public hearing and considered adopting separate ordinances to
annex and zone a 75.71 acre tract located on the south side of McKinney Street and directly
opposite of Trinity Road, presently in the City of Denton’s ETJ. (A-84, Trinity Meadows)
City of Denton City Council Minutes
August 3, 1999
Page 12
A. Considered adopting an ordinance on second reading to involuntarily annex the
subject 75.71-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. This was the
second reading of the ordinance. The Planning and Zoning Commission
recommended approval 7-0.
B. Held a public hearing and considered adopting an ordinance to zone the subject
75.71-acre tract to an Agricultural (A) zoning district. The Planning and Zoning
Commission recommended approval 7-0.
The following ordinance was considered:
NO. 99-258
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 75.71 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND IS DIRECTLY
OPPOSITE OF TRINITY ROAD ON THE COUNTY OF DENTON, TEXAS;
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the annexation ordinance. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and
Mayor Miller “aye”. Motion carried with a 6- 1.
Mark Donaldson, Assistant Planning Director, reviewed the location of the proposed zoning
district.
The Mayor opened the public hearing for the zoning proposal.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-259
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 75.71 ACRES OF LAND IN THE CITY OF
DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET
AND DIRECTLY OPPOSITE OF TRINITY ROAD; 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
August 3, 1999
Page 13
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
21. The Council held a public hearing and considered approval of a Detailed Plan for Planned
Development 129 (PD-129) totaling 15.147 acres. The property was legally described as being
15.147 acres in the B.B.B. and C. R. R. Company Survey (Abstract 186) in the City of Denton,
Denton County, Texas. It was located west of Stuart Road, north of Wolftrap Drive, south of
Aspen, and east of Lido Way. The proposal was for twenty-nine (29) single-family detached lots
and forty-one (41) duplex lots (totaling 82 units). The Planning and Zoning Commission
recommended approval (4-3). (Z99-034, Olympia Creek Court)
This item was postponed.
23. The Council continued a public hearing and considered adopting separate ordinances to
annex and zone an 83.75 acre tract located on the northwest corner of Loop 288 and Stuart Road
intersection, presently in the City of Denton’s ETJ. (A-85, Mesquite Meadows)
A. Considered adopting an ordinance on second reading to involuntarily annex the
subject 83.75-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. The Planning
and Zoning Commission recommended approval 6-1.
B. Held a public hearing and considered adopting an ordinance to zone the subject
83.75-acre tract to an Agricultural (A) zoning district. The Planning and Zoning
Commission recommended approval 6-1.
The following ordinance was considered:
NO. 99-260
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 83.75 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART
ROAD INTERSECTION IN THE COUNTY OF DENTON, TEXAS; APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING 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 “nay”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
The Mayor opened the public hearing for the zoning proposal.
The following individual spoke during the zoning proposal:
Brenda McDonald, 8333 Douglas Ave, Suite 900, Dallas, 75225 - favor
City of Denton City Council Minutes
August 3, 1999
Page 14
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-261
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 83/75 ACRES OF LAND IN THE CITY OF
DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288
AND STUART ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson 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.
24. The Council continued a public hearing and considered adopting separate ordinances to
annex and zone a 19.802 acre tract located on the south side of Edwards Road, approximately
2,000 feet west of Swisher Road, presently in the City of Denton’s ETJ. (A-86, Lubbers
Addition)
A. Considered adopting an ordinance on second reading to involuntarily annex the
subject 19.802-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. The Planning
and Zoning Commission recommended approval 4-3.
B. Held a public hearing and considered adopting an ordinance to zone the subject
19.802-acre tract to an Agricultural (A) zoning district. The Planning and Zoning
Commission recommended approval 4-3.
The following ordinance was considered:
NO. 99-262
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19.802
ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF
DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD,
APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE
COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
August 3, 1999
Page 15
The Mayor opened the public hearing for the zoning proposal.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-263
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 19.802 ACRES OF LAND
IN THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF
EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER
ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (A-86, LUBBERS ADDITION)
Kristoferson 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
26. The Council considered adoption of an ordinance amendment correcting the conditions
established by Ordinance 99-140, which established a conditioned Multi-Family 1 (MF-1[c])
zoning district classification and use designation for 18.003 acres; 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. The subject property was legally described as Lot 1, Block 1 of
the Jefferson Commons Addition and was located on the south side of Colorado Boulevard,
approximately five hundred and fifty (550) feet west of Southern Hills Boulevard, and on the
north side of I-35 East, immediately east of Pace’s Crossing Apartments complex. (Z-99-009)
Mark Donaldson, Assistant Planning Director, stated that there appeared to be misinterpretation
of the conditions associated with this rezoning. After a review of the tapes of the meeting and
the minutes, it was felt that revisions were in order to reflect the actual motion. The required
fence would be only along the property line adjacent to Paces Crossing and the requirements for
the landscape bufferyard would be revised. The bufferyard would be additional trees one every
20 feet along the property line of Paces Crossing.
Mayor Miller indicated there was a speaker card regarding this item.
Jonathan Vinson stated that they had the videotape transcribed from the prior meeting that
clarified the provisions for approval by Paces Crossing as indicated in the letter of support Paces
Crossing had submitted.
City of Denton City Council Minutes
August 3, 1999
Page 16
The following ordinance was considered:
NO. 99-266
AN ORDINANCE AMENDMENT CORRECTING THE CONDITIONS
ESTABLISHED BY ORDINANCE 99-140, WHICH ESTABLISHED A
CONDITIONED MULTI-FAMILY 1 (MF-1[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES; 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.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
27. The Council considered approval of a resolution authorizing the Mayor to sign a
Memorandum of Agreement with the City of Corinth to mutually disannex and then proceed to
annex certain property along the joint Denton and Corinth city boundary.
The following resolution was considered:
R99-034
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE CITY OF CORINTH TO
MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN
PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY;
AND DECLARING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “nay”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
28. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and Etta Jean Hensley, relating to the purchase of 0.430 acres of land
for the expansion of U.S. Highway 77 (Parcel 33G); authorizing the expenditure of funds
therefor; and providing an effective date.
The following ordinance was considered:
NO. 99-267
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ETTA JEAN HENSLEY, RELATING TO THE PURCHASE
OF 0.430 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77
(PARCEL 33G); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 3, 1999
Page 17
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.
29. The Council considered adoption of an ordinance amending Section 2-62 of Chapter 2 of
the Code of Ordinances of the City of Denton to provide conflict of interest provisions for board
and commission members consistent with the conflict of interest provision recently passed by the
voters in the City Charter election; amending Section 2-84 of Chapter 2 of the Code of
Ordinances of the City of Denton to provide for the nomination and appointment of members to
the Public Utilities Board and Parks and Recreation Board consistent with the amendments to the
City Charter approved by the voters at the May 1, 1999 City Charter election; providing for
ratification of prior action; providing a savings clause; providing a severability clause; and
providing an effective date.
Mayor Miller indicated that there was a speaker card submitted on this issue.
Steve Kniatt spoke on the issue.
Council Member Young stated that it was his understanding that this would be a new concept for
making nominations to boards and commissions. Council was doing different than what the
voters wanted and what the voters had voted on. This would confirm the voting fraud and was a
cover up on what was done.
City Attorney Prouty stated that this ordinance corrected an old ordinance in regards to the
members on the boards relative to conflict of interest. It also changed the format for nominations
on certain board as per the recent Charter election.
The following ordinance was considered:
NO. 99-268
AN ORDINANCE AMENDING SECTION 2-62 OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO PROVIDE CONFLICT OF
INTEREST PROVISIONS FOR BOARD AND COMMISSION MEMBERS
CONSISTENT WITH THE CONFLICT OF INTEREST PROVISION RECENTLY
PASSED BY THE VOTERS IN THE CITY CHARTER ELECTION; AMENDING
SECTION 2-84 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON TO PROVIDE FOR THE NOMINATION AND APPOINTMENT OF
MEMBERS TO THE PUBLIC UTILITIES BOARD AND PARKS AND
RECREATION BOARD CONSISTENT WITH THE AMENDMENTS TO THE CITY
CHARTER APPROVED BY THE VOTERS AT THE MAY 1, 1999 CITY CHARTER
ELECTION; PROVIDING FOR RATIFICATION OF PRIOR ACTION; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 3, 1999
Page 18
Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
30. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas expressing its support for the National Low-Sulfur Gasoline and Tier 2 Emissions
Standards proposed by the Environmental Protection Agency; and providing an effective date.
The following resolution was considered:
NO. R99-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
EXPRESSING ITS SUPPORT FOR THE NATIONAL LOW-SULFUR GASOLINE
AND TIER 2 EMISSIONS STANDARDS PROPOSED BY THE ENVIRONMENTAL
PROTECTION AGENCY; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Durrance seconded to adopt the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
31. The Council considered nominations/appointments to the City’s Boards and
Commissions.
Attachment A detailed the nominations and the appointments made.
As the re-nomination of Bob Powell for the Planning and Zoning Commission failed to pass, the
City Attorney indicated that Mr. Powell would remain in office until a replacement was
approved by the Council.
Council Member Kristoferson stated that the current Council’s Rules of Procedure did not
adequately cover this situation and indicated that she would be requesting staff to prepare an
ordinance to address this issue.
33. Miscellaneous Matters from the City Manager.
th
City Manager Jez indicated that the August 12 budget review would start at 11:30 a.m. rather
than the previously indicated start time. It was felt that the review should be completed by the
th
end of the day and the meeting for August 13 would not be needed.
33. New Business
A. Council Member Kristoferson requested staff prepare an ordinance for
consideration regarding continuation of nominations when those nominations repeatedly fail.
34. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
August 3, 1999
Page 19
35. 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 12:30 a.m.
___________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS