Minutes October 24, 20009 2 8
CITY OF DENTON CITY COUNCIL MINUTES
October 24, 2000
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, October 24, 2000 at 5:15 p.m. in the City of Denton Council
Work Session Room.
PRESENT: Mayor Brock; 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. GOVT. CODE Section 551.071.
Discussed and considered strategy and settlement proposal with the
City's attorneys in litigation styled City of Denton v. Texas Utilities
Company, et al., Cause No. 2000-60109-393 currently pending in the
393raDistrict Court of Denton County, and discussed legal issues
concerning this litigation with the attorneys where to discuss these
matters in public would conflict with the duty of the City's attorneys
to the City Council under the Texas Disciplinary Rules of
Professional Conduct o£the State Bar of Texas.
Special Called Session of the City of Denton City Council on Tuesday, October 24, 2000 at 6:00
p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
PUBLIC HEARINGS
The Council held a public hearing regarding the involuntary annexation and service plan
for approximately 1,370 acres of land located in the southwestern section of the City of
Denton extraterritorial jurisdiction (ETJ). (A-IOI: Ryan Road/Country Club Road
Annexation)
Tract #1: approximately 1,365.5 acres of land located on the southwestern side of
the City of Denton's extraterritorial jurisdiction east of U.S. Highway 377, south of
Regency Court on each side of Country Club Road, west of Montecito along Ryan
Road and mostly north of Brush Creek Road.
Tract #2: approximately 3.6 acres of land located on the southwestem side of the
City of Denton's extraterritorial jurisdiction west of Montecito, south of E1 Paseo
and east of Santa Moniea.
Dave Hill, Assistant City Manager for Development Services, presented the details of the
annexation for #1. Service plan was noted as in the agenda materials.
The Mayor opened the public hearing.
City of Denton City Council Minutes
October 24, 2000
Page 2
Nelda Hackett requested that her time be given to her father, M.C. Burch.
Young motioned to suspend the rules to allow Mr. Burch to have additional time. On roll vote,,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carried unanimously.
The following individuals spoke during the public hearing:
Charles Hackett, P.O. Box 998, Argyle, 76226 - opposed
M. C. Burch, 7034 Country Club Road, Denton, 76210 - opposed
Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed
Dot Thompson, 175 Ryan Road, Denton, 76210 - opposed
Fred Smith, 4432 Lois Road, Sanger, 76260 - opposed
David Witherspoon, 410 Hamilton Road, Argyle, 76226 - opposed
The following individuals submitted Speaker Cards but did not wish to address the Council:
Walter Leatherwood, 1188 Hickory Creek Road, Denton, 76210 - opposed
Jerry Don Cardwell, 4983 Settlers Creek Road, Denton, 76210 - opposed
John Yount, 1220 Brush Creek Road, Argyle, 76226 - opposed
The Mayor closed the public hearing.
Council Member Burroughs left the meeting.
Council Member Young felt that the Council should accept the petition for the residents and
have due process.
Hill stated that two petitions had been received- one for each involuntary annexation. The speakers
indicated that they did not want a formal meeting at the area to be annexed. The petitions were
accepted and placed in the staff report. The staff could facilitate a neighborhoodmeeting to help the
residents understand the annexation process. Finding a suitable meeting room to hold the number of
individuals who would attend such a meeting would be difficult but staff would be willing to help
facilitate such a meeting.
2. The Council held a public hearing regarding the involuntary annexation and service plan
for 1,711 acres of land located in the southwestern section of the City of Denton extraterritorial
jurisdiction (ETJ). (A-lO2: US 377/I-35W Annexation)
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Tract #1: approximately 504 acres of land located in the southwestern side of the City
of Denton's extraterritorial jurisdiction west of U.S. Highway 377, south of Allred and
north of Johnson Road.
Tract #2: approximately 1032 acres of land located in the southwester side of the
City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and
west of the Kansas City Southern Railway Company, extending south along Bonnie
Brae to the west side of U.S. Highway 377
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c. Tract #3: approximately 1.7 acres of land located northeast of the intersection of
Corbin and Bonnie Brae
d. Tract #4: approximately 173 acres of land located east of U.S. Highway 377 (Fort
Worth Drive) and north of Brush Creek Road and west of Country Club.
Dave Hill, Assistant City Manager for Development Services, stated that this annexation proposal
consisted of four separate mets and bounds tracts. He reviewed the details of the proposed
annexation as noted in the agenda materials. A petition had been presented to make the Council
aware of the opposition for the annexation but did not request a separate public hearing on the issue.
Council Member Burroughs returned to the meeting.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Phil Henderson, 1506 Old Stony Road, Ponder, 76259 - opposed
Becky Koonce, 4365 South Bonnie Brae, Denton, 76226 - opposed
Steve Chumbley, gave time to Mary McWhorter
Mary McWhorter, P.O. Box 75, Argyle, 76226 - opposed
Vicki Watson, 2452 Hamilton Road, 76226 o opposed
David Saxe, 8023 Bonnie Brae, Denton, 76226 - opposed
Patricia Brown, 4300 Johnson Lane, Argyle, 76226 - opposed
Betty Farmer, 9475 Hilltop Road, Argyle, 76226 - opposed
Lonny McGee, 1200 Brush Creek Road, Argyle, 76226 - opposed
Tom Holamon, 3346 S. Bonnie Brae, Denton, 76207 - opposed
Richard Smutzer, 7053 Bonnie Brae, Argyle, 76226 - opposed
Mont Wilkes, 141 Springfield Lane, Argyle, 76226 - opposed
Kevin Wade, 6979 South Bonnie Brae, Argyle, 76226 - opposed
Sheila Luster, 4377 South Bonnie Brae, Argyle, 76226 - opposed
David Yoder, 940 Brush Creek Road, Argyle, 76226 - opposed
Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed
Mike Barber, 313 Allred Road, Argyle, 76226 - pposed
M.C. Burch, 7034 Country Club Road, Denton, 76210 - opposed
Charles Hackett, P.O. Box 998, Argyle, 76226 - opposed
Gene Price - opposed
Gary Davis, 972 Brush Creek Road, Argyle, 76226 - opposed
Terry Houston, 4525 Brush Creek Road, Argyle, 76226 - opposed
The Mayor closed the public hearing.
The following individuals submitted Speaker Cards who did not wish to address the Council:
Andrew Sewell, 3999 Roselawn, Deuton, 76207 - opposed
E.J. Dane, 1040 Brush Creek. Road, Argyle, 76226 - opposed
Diane Charles, 25 Oak Forrest circle, Denton, 76210 - opposed
Betty McMahan, 2384 Hamilton Road, Argyle, 76226 - opposed
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October 24, 2000
Page 4
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Trace Moffatt, 6150 Allred Road, Argyle, 76226 - opposed
John Willis, 2776 Skivue, Argyle, 76226 - opposed
Tom WcWhorter, 2740 Skivue, Argyle, 76226 - opposed
Billy Mills, Rt. 7, Box 441MM, Denton, 76208 - opposed
Debbie Arnold, 2729 Skivue, Argyle, 76226 - opposed
Terry Houston, 4525 S. Bonnie Brae, Argyle, 76226 - opposed
Don Logan, 6967 Bonnie Brae, Argyle, 76226 - opposed
R. G. St. John, 3821 Bonnie Brae, Argyle, 76226 - opposed
Pat Logan, 6967 Bonnie Brae, Argyle, 76226 - opposed
W.C. Beck, 2705 Skivue, Argyle, 76226 - opposed
Betty Beck, 2705 Skivue, Argyle, 76226 - opposed
Kelly Houston, 4525 Bonnie Brae, Argyle, 76226 - opposed
Millard Smith, 1996 Huling Road, Sanger, 76266 - opposed
Ron and Ann Forsythe, 2777 Skivue, Argyle, 76226 - opposed
Rex Baulman, 990 Brash Creek, Argyle, 76226 - opposed
Jack Howell, 3198 S. Bonnie Brae, Denton 76207 - opposed
ITEMS FOR INDIVIDUAL CONSIDERATION
3. The Council consider adoption of an ordinance to annex an approximately 37.8 acre tract
of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the,'
extraterritorial jurisdiction of the City of Denton, Texas, 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-lO0, Forester TracO
Kristoferson motioned, Beasley seconded to adopt the ordinance on first reading. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carded unanimously.
4. The Council considered adoption of an ordinance amending Section 26-126.1 of the
Denton Code of Ordinances to require that no wastewater tap fee would be required under
circumstances where a tap fee was not required prior to the enactment of the tap fee regulations;
ratifying previous actions; requiring the property owner to present evidence concerning the
circumstances; providing a savings clause and an effective date.
The following ordinance was considered:
NO. 2000-406
AN ORDINANCE AMENDING SECTION 26-126.1 OF THE DENTON CODE OF
ORDINANCES TO REQUIRE THAT NO WASTEWATER TAP FEE WOULD BE
REQUIRED UNDER CIRCUMSTANCES WHERE A TAP FEE WAS NOT
REQUIRED PRIOR TO THE ENACTMENT OF THE TAP FEE REGULATIONS;
RATIFYING PREVIOUS ACTIONS; REQUIRING THE PROPERTY OWNER TO
PRESENT EVIDENCE CONCERNING THE CIRCUMSTANCES; PROVIDING A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
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Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
City Attorney Prouty stated that he had misread the amendment and Council needed to vote
again on the ordinance.
Young motioned, Burroughs seconded to adopt the amended ordinance. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carried unanimously.
5. The Council considered adoption of an ordinance of the City of Denton, Texas, creating a
rule prohibiting the carrying of a concealed handgun in a city building or portion of a city
building; making compliance with the rule prohibiting the carrying of a concealed handgun in a
city building or portion of a city building, a condition of the use of city buildings; providing for a
severability clause; and providing for an effective date.
Eva Poole, Director of Libraries, stated that this ordinance would prohibit firearms in City
buildings.
The following individuals submitted Speaker Cards:
Stephen Camp, 2901 Osage Lane, Denton, 76210-opposed-proposed substitute language
James W. Owens, 2226 N. Locust, Street, Denton, 76201 -opposed
Johnny Guest, 2503 N. Elm, Denton, 76201 - opposed
Dwight Crawford, 7997 Rector Road, Sanger - opposed
Art Behrens, 500 Northridge, Denton, 76201 - opposed
Don White, 2105 Savannah Trail, Denton, 76205 - opposed
Dwight Archer, 2631 Collins Road, Denton, - opposed
David Hall, 3418 Hummingbird, Denton, 76209 - opposed
The following individuals spoke on the issue:
Gary Picou, 2505 Shiloh Road, Denton, 76201 - opposed
Lonny McGee, 1200 Brush Creek Road, Argyle, 76226 - opposed
William Scott, 524 Aspen Drive, Denton, 76209 - opposed
Elspeth Crawford, 7997 Rector Road, Sanger, 76266 - opposed
Kenny Mason, 524 Aspen, Denton, 76209 - opposed
Benjamin Hall, 3418 Hummingbird, Denton, 76209 - opposed
Matthew Strauss, 621 Schmitz Street, Apt. 2, Denton, 76201 - opposed
Lloyd Hensley, 2204 Emerson, Denton, 76209 - opposed
Bill Knight, 3028 Broken Bow, Denton, 76201 - opposed
Jeryl Golden, 3029 Brandywine, Denton, 76209 - opposed
Floyd Hensley, 106 N. Locust Street, Denton, 76201 - opposed
Mike and Barbara Maner, 3 Highview Court, Denton, 76205 - opposed
Tim Wilkerson, 1433 Pickwick Lane, Denton, 76209 - opposed
Ray Meckel, Rt. 3, Box 231, Aubrey, 76227 - opposed
Hal Vinson, 4314 Harvest Hill Road, Carrollton, 75010 - opposed
Cindy and Randy Oliver, 1315 Margie, Denton 76201 - opposed
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October 24, 2000
Page 6
Claudia Galloway, 1812 Emery Street, Denton, 76201 - opposed
Mildred and L. T. Hensley, 912 Skylark, Denton, 76205 - opposed
Randell Galloway, 1812 Emery, Denton, 76201 - opposed
John Latta, 1200 Bellemead, Denton, 76201 -opposed
Cochran motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "nay!',
Burroughs "nay", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "nay", and Mayor
Brock "aye". Motion failed with a 3-4 vote.
Young motioned, Beasley seconded to adopt the ordinance with compromise language.
After Council discussion, Young withdrew his motion and Beasley withdrew her second.
Following the completion of the Special Called Session, the Council convened into a Work
Session in the City Council Work Session Room.
Item//7 was considered.
7. The Council received a report regarding redistricting for 2001.
Alan Bojorquez and Karen Brophy presented an update on redistricting and the process involved.
Consensus of the Council was to begin developing a contract for Council consideration.
1. The Council was to have received a report, held a discussion, and given staff direction
regarding signage.
This item was not considered.
2. The Council received a report, held a discussion, and gave staff direction regarding a
request from the City of Kmm to release approximately 7 acres, from the city's extraterritorial
jurisdiction generally located south of FM 1173 and east of Masch Branch Road. (SI-13, Krum
Release of ETJ)
Dave Hilt, Assistant City Manager for Development Services, stated that a residential
development was proposed on and adjacent to the subject site. The majority of the development
was within Krum's city limits or extraterritorial jurisdiction. A portion of the proposed
development was in Denton's extraterritorial jurisdiction. Krum requested that the City
relinquish the subject area to them. Staff was recommending that the City enter into negotiations
with Kmm to draft an interlocal agreement regarding the proposed property and future limits of
annexations.
David Polley, Mayor of Krum, spoke in favor of the proposal.
Vaughn Andrus, 206 Radecke Road, Krum, 76249, spoke in favor of the proposal.
Consensus of the Council was to proceed with the staff recommendation for a draft interlocal
agreement with Krmn at the same time working with Khan on the release of the ETJ.
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3. The Council received a report and gave staff direction regarding a request from the City
of Sanger to release approximately 670 acres, from the city's division II extraterritorial
jurisdiction generally located west of FM 2164 and north of Nicholson Road. (SI-19, Sanger
Release of ET J)
Dave Hill, Assistant City Manager for Development Services, stated that Sanger was working on
bringing a large retirement community to Sanger. The majority of the proposed development
was within Sanger's city limits or extraterritorial jurisdiction. A portion of the development was
in the Denton's division II ETJ. Sanger had requested that Denton relinquish the subject area to
them. Staff was recommending that the City enter into negotiations with Sanger to draft an
interlocal agreement regarding the proposed property and future limits of annexations. It was
felt that the property should not be released at this point in time.
Consensus of the Council was to proceed with the staff's recommendation.
Item #8 was considered.
8. The Council received a report, held a discussion and gave staff direction regarding
conveying real property to Denton Housing Authority for affordable housing. (SI-00-05) Denton
Housing Authority, 713 Wilson Street & 104 E. Prairie Street)
715 Wilson Street. The 0.54+ acre property was located at the southwest
comer of Alexander and Wilson Street.
1043 E. Prairie Street. The combined 0.76+ acre parcels were located north of
Prairie Street, west of the Phoenix Apartments and south of the Pec-4 drainage
channel.
Doug Powell, Director of Planning and Development, stated the Denton Housing Authority had
requested to acquire these parcels of land to develop affordable housing. The parcel on Wilson
Street would be developed as townhouses and the parcels on Prairie Street were proposed to
serve as open space in conjunction with the redevelopment of the Phoenix apartments.
Consensus of the Council was to proceed with the conveyance.
4. The Council viewed a video introduction to City Council Meetings and provided staff
direction on how to proceed.
Staff presented a video that would be used as a lead-in for Council meetings.
Consensus of the Council was to proceed using the video as the lead-in for the meetings.
5. The Council was to have received a presentation concerning Stormwater Phase II
regulations as they relate to the City of Denton and its operations.
This item was not considered.
6. The Council was to have received a presentation concerning the United States Army
Corps of Engineers' recent Environmental Assessment for Lake Lewisville and related lawsuits.
City of Denton City Council Minutes
October 24, 2000
Page 8
This item was not considered.
With no further business, the meting was adjourned at 1:20 a.m.
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EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
If,~¥FF~[ WALTERS
TY SECRETARY
CITY OF DENTON, TEXAS