Minutes January 09, 2001CITY OF DENTON CITY COUNCIL MINUTES
January 9, 2001
Special Called Meeting of the City of Denton City Council on Tuesday, January 9, 2001 at 6:00
p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Mayor Brock presented a proclamation for Ryan Raiders Football Team
2. The Council considered adoption of an ordinance rezoning and approving a Zoning Plan
for a 19.57-acre tract located on the northeast side of the intersection of Teasley and Ryan Road.
The property was currently zoned Agricultural (A). The intent was to rezone the property to a
Planned Development (PD) containing single-family residential and neighborhood service retail.
(The Planning and Zoning Commission recommended approval 5-0 with conditions.) (ZP-00-
009, Teasley Tract) [Note: The public hearing for this item was opened and closed on January
2, 2001. City Council voted to break a 3-3 tie that was taken on January 2, 2001.]
Doug Powell, Director of Planning and Development, stated that the intent was to rezone the
property to a planned development containing single-family residential and neighborhood service
retail. This item was reconsidered by the Council as the vote at the last meeting was a 3-3 tie
and the City Charter required the item to be placed on subsequent agendas until a full Council
was present to break the tie vote.
The following ordinance was considered:
NO. 2001-027
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 TO ALLOW FOR
SINGLE-FAMILY AND NEIGHBORHOOD SERVICE RETAIL USES FOR
APPROXIMATELY 19.59 ACRES LOCATED ON THE NORTHEAST SIDE OF THE
INTERSECTION OF TEASLEY LANE AND RYAN ROAD AND LEGALLY
DESCRIBED AS 19.59 ACRES IN THE B. LEWIS SURVEY, ABSTRACT NO. 769,
THE E. PICKETT SURVEY, ABSTRACT NO. 1018, AND THE J. FISHER SURVEY,
ABSTRACT NO. 421, IN THE CITY OF DENTON, DENTON, COUNTY, TEXAS;
PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT;
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 with the conditions as
recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "nay", Durrance "nay", Kristoferson"nay", Young "aye", and Mayor Brock "aye".
Motion carried with a 4-3 vote.
3. The Council considered adoption of an ordinance of the City of Denton, Texas, amending
a proposed annexation ordinance which passed on first reading on November 28, 2000 and was
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January 9, 2001
Page 2
published on December 8, 2000 to annex two tracts of land, comprising 881 acres; Tract One
being 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; and Tract Two being
located west of Montecito, south of E1 Paseo and east of Santa Monica; and providing an
effective date (A-101).
Dave Hill, Assistant City Manager for Development Services, stated that a City Charter
requirement indicated that any amendment to an annexation ordinance required a 30 day
publication in the newspaper. Rather than the second reading of the annexation ordinance,
Council was asked to consider an amendment to the proposed annexation ordinance due to the
removal of parcels of land during the first reading of the annexation ordinance. The proposed
service plan had not changed.
The following individuals spoke regarding the proposal:
Bob Heilic, 3855 Leisure Lane, Denton, 76210 - opposed
Richard Burch, 2601 Buckingham, Denton, 76209 - opposed
M. C. Burch, 7034 Country Club Road, Denton - opposed
Nelda Burch Hackett, P.O. Box 998, Argyle, 76226 - opposed
Janelle Burch, 2601 Buckingham Drive, Denton, 76209 - opposed
Robin Iliffe-Weston, 6499 Country Club Road, Denton, 76205 - opposed
The following ordinance was considered:
NO. 2001-028
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED
ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON
NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX
TWO TRACTS OF LAND, COMPRISING 881 ACRES; TRACT ONE BEING
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; AND TRACT TWO BEING LOCATED WEST OF MONTECITO, SOUTH OF
EL PASEO AND EAST OF SANTA MONICA; AND PROVIDING AN EFFECTIVE
DATE (A-101).
Beasley motioned, Burroughs seconded to adopt the ordinance with the restrictive covenants in
the designated areas. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carried with a 6-1 vote.
4. The Council considered adoption of an ordinance of the City of Denton, Texas, amending
a proposed annexation ordinance which passed on first reading on November 28, 2000 and was
published on December 8, 2000 to annex three tracts of land comprising 1,159 acres; Tract One
being located west of U.S. Highway 377, south of Allred and north and south of Johnson Lane;
Tract Two being located east of Interstate Highway 35 West and west of the Kansas City
City of Denton City Council Minutes
January 9, 2001
Page 3
Southem Railway, extending south along Bonnie Brae approximately 6,400 feet north of U.S.
Highway 377; and Tract Three being located northeast of the intersection of Corbin and Bonnie
Brae; and providing an effective date (A-102).
Dave Hill, Assistant City Manager for Development Services, stated that parcels 13, 14, 15, 18,
19 and 20 were removed from the draft ordinance and were subject to restrictive covenants. This
was an amendment to the first reading ordinance.
Young motioned, Cochran seconded to add parcel 16 to the area to be deleted from the
annexation ordinance and subject to the restrictive covenants. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried with a 6-1 vote.
The following individuals spoke regarding the proposal:
Joe Erwin, 1221 Princess, Hurst, 76053 - opposed
M. C. Burch, 7034 Country Club Road, Denton, 76210 -opposed
Patricia Brown, - thanked the Council for the work done on the covenants
The following ordnance was considered:
NO. 2001-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED
ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON
NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX
THREE TRACTS OF LAND COMPRISING 1,159 ACRES; TRACT ONE BEING
LOCATED WEST OF U.S. HIGHWAY 377, SOUTH OF ALLRED AND NORTH
AND SOUTH OF JOHNSON LANE; TRACT TWO BEING LOCATED EAST OF
INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY
SOUTHERN RAILWAY, EXTENDING SOUTH ALONG BONNIE BRAE
APPROXIMATELY 6,400 FEET NORTH OF U.S. HIGHWAY 377; AND TRACT
THREE BEING LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN
AND BONNIE BRAE; AND PROVIDING AN EFFECTIVE DATE (A-102).
Burroughs motioned, Cochran seconded to adopt the amended ordinance inclusive of the
restrictive covenants for the deleted parcels and inclusive of the prior amendment made by
Council Member Young. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously.
4. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
Following thc completion of the Special Called Meeting, the Council convened into a Work
Session in the Work Session Room.
1. The Council received a report from Richard Franco regarding proposed development of
the Denton Housing Authority.
City of Denton City Council Minutes
January 9, 2001
Page 4
Mr. Franco stated that proposed developments were being considered in several locations
throughout Denton. Part of this proposal would replace the Phoenix Apartments.
Shari McDade, Denton Housing Authority, addressed the concerns of the neighborhood
residents. The majority of the concerns dealt with noise and traffic.
Martha Guerra, Denton Housing Authority, stated that 158 townhomes and 52 elderly garden
homes at various locations throughout Denton would be built.
2. The Council received a report, held a discussion and gave staff direction regarding
information concerning the United States Army Corps of Engineers' (Corps) recent
Environmental Assessment for Lake Lewisville, the City of Denton's response, the City of
Dallas's response and a potential lawsuit by a homeowners' group.
Julie Smith, Environmental Compliance Manager, stated that the Corps of Engineers developed a
Programmatic Environmental Assessment (PEA) last year for Lake Lewisville as a second phase
of the two-phase carrying capacity and use study for the lake. Because the City of Denton, along
with many other entities, including the City of Dallas, found the PEA inadequate, the City
refused to endorse the PEA. The Corps must also conduct an Environmental Impact Statement
(EIS) for any proposed projects that would exceed the carrying capacity for the Lake. Despite
the fact that the Corps admitted that the carrying capacity for the Lake was currently exceeded,
the Corps did not do an EIS. The Corps' recommendations would result in an increase in the
number of boats traveling in an area of the Lake that already exceeded its carrying capacity.
Staff believed that a properly conducted EIS would confirm that the Lake was significantly
beyond its carrying capacity with respect to natural resources and that water quality in particular
was negatively impacted. The Corps made it clear that they intended to avoid their legal
obligations to conduct an EIS by relying on an alternative method for lake development. The
Corps' alternative consisted of zoning the Lake into three distinct areas and considering carrying
capacity within each zone only. It was learned before this meeting that the Corps intended to
proceed with the building of more marinas on the Lake. A local homeowners group intended to
file a lawsuit against the Corps.
Consensus of the Council was to join in the lawsuit with the exact level of participation to be
determined.
3. The Council received a presentation, held a discussion and gave staff direction regarding
Phase II of the National Pollution Discharge Elimination System (NPDES) Storm Water
Program (Program) and its impact on the City of Denton.
Julie Smith, Environmental Compliance Manager, presented the requirements of the Phase II
Storm Water Program and associated costs for the City of Denton as noted in the agenda
materials.
Consensus of the Council was to continue public awareness of the situation and consider a
proposal to use funds obtained from fines relative to polluting to pay for the clean up of other
areas in the city.
4. The Council received a report, held a discussion and gave staff direction regarding the
process to select an architect to design the new central fire station.
City of Deaton City Council Minutes
January 9, 2001
Page 5
Ross Chadwick, Fire Chief, reviewed the background for the need for a new fire station and the
selection process for an architect for the new station as noted in the agenda materials.
Council discussed the pros and cons of using a local architect as opposed to a non-local architect.
Council Member Young suggested hiring the firm of James Kirkpatrick rather than an outside
firm.
City Manager Jez asked the Council to allow staff to continue to negotiate with the selected firm
and to continue to try and partner with the Kirkpatrick firm as the secondary local provider.
After discussion, Council consensus was to have the Legal Department review the information
obtained during the selection interviews to determine if any of that information was confidential
before disclosing that information and to suspend the current negotiations with the selected firm.
5. The Council received a report, held a discussion, and gave staff direction regarding the
interpretation of Section 34-114 (5) of the Code of Ordinances regarding perimeter streets.
Dave Salmon, City Engineer, stated that Section 34-114(5) of the Code of Ordinances, required
developers to provide standard improvements to proposed and existing streets that border a
development. Perimeter paving typically consisted of installing 25 feet of City of Denton
standard pavement including curb and gutter on the side of the development. This standard had
always been interpreted by staff to mean that as a tract developed, the perimeter street
improvements were required to be installed adjacent to the development when it was developed.
In multi-phase developments, this often resulted in roads being reconstructed a short section at a
time. Recently developers had inquired about the possibility of constructing their perimeter
street improvements all at one time in a later phase of development. Staff felt that the request
had merit for large multi-phase developments, especially if there were already access to the
development via a paved road in good condition. Salmon reviewed the concerns regarding the
possibility of allowing a developer to set up an escrow account or give the City money to hold so
that the perimeter improvements would be provided for.
Consensus of the Council was to proceed with the proposal.
6. The Council received a report, held a discussion and gave staff direction regarding a
proposed conservation district in the Bell Avenue area.
Linda Ratliff, Director of Community Development, stated that in a recent historic resources
survey, the Bell Avenue neighborhood was identified as an area that could be designated as a
conservation district in order to protect the remaining historic fabric of the neighborhood. The
Historic Landmark Commission recently held a neighborhood meeting with the residents of the
Bell Avenue area with an overwhelmingly positive response to the possibility of establishing a
conservation district. A conservation district was a historic preservation tool used to preserve the
neighborhood character and protect the area from demolition. The neighborhood participants
help create an ordinance that specifically addressed the needs of the area. Tax incentives would
be included in the ordinance. Staff was recommending the formation of such a district in the
Bell Avenue area.
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January 9, 2001
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Consensus of the Council was to proceed with the establishment of the district.
7. The Council received a report, held a discussion and gave staff direction regarding a
proposed 45.98 acre residential development containing 142 lots and possible voluntary
annexation in ETJ south of Blagg Road, approximately 950 feet west of Lakeview Boulevard.
Dave Hill, Assistant City Manager for Development Services, presented the details regarding the
recent activity on the property. The property had recently been purchased with the proposal of
developing 124 residential lots. Staff's understanding was that the property owner was not
opposed to being annexed.
Consensus of the Council was to proceed with the annexation.
8. The Council received a report, held a discussion and gave staff direction regarding the
construction of a Compost Storage/Processing Building in the amount not to exceed $97,000.00.
Jim Coulter, Director of Water Utilities, stated that the City's composting operation had received
a grant from NCTCOG to provide funding for a small compost bagging machine and a storage
building through their Solid Waste Grant. The grant would provide funding to construct a metal
building for storing the compost bags and provide a working area to fill bags regardless of
weather conditions. This project would help bring the City's Dyno-Dirt to a larger market as
individuals would be able to purchase bags of the product as opposed to purchasing it by the
cubic yard. The building would allow the City to improve the compost bagging operation and
ultimately expand the market for recycled materials.
Consensus of the Council was to proceed with the proposal.
9. The Council received a report, held a discussion, and gave staff direction regarding an
ordinance authorizing the City Manager to accept competitive bids and award a contract with
Unum Life Insurance Company of America to provide long-term disability insurance and
voluntary short-term disability insurance for City of Denton employees.
Robert Waggoner, Risk Manager, stated that the City had offered long-temi disability insurance
to employees as part of the benefit package since 1984. The current plan would expire on
1/31/01. Staff was suggesting a new proposal from UNUM with a two-year rate guarantee
including a voluntary short-term disability plan.
Consensus of the Council was to proceed with the contract.
With no further business, the meeting was adjourned at 11:00 p.m.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS