Minutes March 18, 1997395
CITY OF DENTON CITY COUNCIL MINUTES
March 18, 1997
The Council convened into a Closed Meeting on Tuesday, March 18,
1997 at 5:45 p.m. in the civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The following items were considered in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, March 18,
1997 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Miller presented a proclamation for National Community
Development Week.
CITIZEN REPORTS
2. Glenn Goode regarding a water line from the Upper Trinity
Regional Water District to his property and possible deannexation.
Mr. Goode was not present at the meeting.
3. Mickey George regarding clarification of city Council Members
responsibilities and obligations to citizens.
Mr. George stated that he would like a clarification of the
responsibility of the city of Denton. He had checked with the city
Charter for responsibility to the citizens but it did not address
the issue. He assumed that the responsibilities of the Council
were to the citizens. He represented individuals who had signed a
petition dealing with the late hours closing. They opposed a
decision made by council regarding that late closing. As citizens,
they organized a campaign to have a petition signed. After they
had almost 700 signatures, he found out that there was a problem
with the petition and that it would not be a legal petition when
submitted. He had requested a meeting with the City Attorney in
396
City of Denton City Council Minutes
March 18, 1997
Page 2
order to discuss any problems which they had with the petition. He
found out that the City Attorney was the Council's attorney and not
the citizens attorney. He needed guidance for the petition to
present it to the Council and one that would be within the
guidelines of the Charter.
4. Joe Naderi regarding a possible suspension of his taxi cab
license.
Monica Belew stated that she was representing the Denton City Taxi
Service. A decision had been made by the Police Department to give
them a ten day suspension of cab service. The Denton City Taxi
Service had been serving the City of Denton since 1990 but over the
past month the previous management of the company had had some
problems with paper work not being in order and an accident by a
temporary driver. The company was opposed to the decision and asked
the Council to vote against the suspension of the service. The
Company was now in compliance with all City codes. Denton City
Taxi was now under new management and accepted full responsibility
for past problems. They would pay any fines for infractions. The
public depended very much on their services. The company wanted to
work closely with the City of Denton and with the police department
to provide safe dependable service. She asked for a swift decision
as the beginning of the suspension started on the next day. Denton
City Taxi Service would like to avoid any interruption of service.
Mayor Miller stated that the Council could not act on a citizen
report but rather it was to receive information. The issue could
be referred to staff but Council could not act on it at this
meeting.
Belew stated that this was the first chance the Company had to
address the Council regarding the issue.
City Attorney Prouty stated that the taxi cab ordinance indicated
an appeal process but nothing in writing had been received that the
company wanted to appeal the suspension. The Texas Open Meetings
Act required any Council action to be posted 72 hours in advance of
the meeting. There was no action item on this issue posted for
this agenda. At the end of the meeting there was an item whereby
Council Members could request items for future agendas. There was
no legal way to take action on this request at this meeting.
Belew asked if a temporary injunction could be placed on the
suspension in order to make an appeal.
City Attorney Prouty stated that the Council could not take action
at this meeting.
Mike Jez, Executive Director of Operations, stated that a due
process hearing was held in his office. The permit holder and two
city of Denton City Council Minutes
March 18, 1997
Page 3
397
representatives appeared at that hearing at which time no
circumstances were offered for the violations presented. A letter
was delivered to the permittee explaining the suspension, notifying
them that they had an appeal right before the Council and giving
them a copy of the ordinance. The suspension was delayed to give
them time to apply for a hearing before the Council. This company
had a history of violations since 1992 with a previous suspension.
His decision would stand short of an appeal before the Council.
Council Member Young stated that he had looked at this petition and
many of the people on the petition were in his district. He would
ask the City Manager to place this item on the next agenda.
5. Chris Coil regarding questions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Coil stated that the last time he spoke before the Council, he
spoke at a special meeting the Council was having to deal with the
decision of using the public's tax money to build a road for a
private corporation. He argued at that time against that practice
as it was bad public policy and was not proper use of the public's
tax dollars. He asked for an environmental impact study which was
not done. He asked Council how they got to the meeting this
evening. They had to drive on public roads which were in very poor
condition. The Council had decided to spend tax dollars on a
private road rather than on public roads. He had spoken to many
individuals and they were angry about spending money for corporate
welfare. He also questioned the 50% tax break given on utilities
to new corporations in the City. He did some checking into the
corporation which would be coming to the City. He asked who owned
the property on which the business would be built. He asked for
the Board of Directors of the company and could not receive an
answer. He thought he could incorporate himself and receive a tax
break with a private road to his property plus a 50% break on his
utilities.
6. Eric Posa regarding questions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Posa stated that the previous speaker brought up concerns about
a private road which would provide access to a facility by
International Isotopes, Inc. There were numerous environmental
problems with this proposal. He had concerns about the fact that
a radioisotope facility would be built within the City of Denton.
No environmental impact study had been completed. The Food and
Drug Administration had no records for this company. He was
concerned about the site where the facility and road would be
built. There was evidence to suggest that the site and road was
the site of the old Denton City dump in the 1920's. He had visited
the site several hours ago and found a clearly visible layer of old
trash two to three feet under the ground. During the time the dump
398
City of Denton City Council Minutes
March 18, 1997
Page 4
was in operation there were less regulations on what could be
buried. There was a large amount of old rusted metal which was
seeping into the creek. This raised an environmental concern if
someone were going to build in this area. It was questionable what
might be found there. There were two sink holes in the area. One
was found around a manhole and another 8 feet deep and 30 feet
wide. He asked the Council to do an environmental impact study for
the facility and the road so that the citizens of Denton could be
made aware of the effects the construction would have in this area.
7. Jerry Drake regarding questions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Drake stated that he had three concerns regarding the
construction of the road. He was concerned about the deliberate
attempt to misrepresent the true facts in this case. His first
concern dealt with the roadway. On December 19th of last year, the
construction of a roadway was proposed by Tom Fouts before the
Economic Development Corporation. At that meeting, the plan
indicated that the road would provide a connection between Loop 288
and Woodrow Lane. On January 13th and February 10th the Denton
Record-Chronicle, providing specifics on the deal, reported that
the road would connect Woodrow Lane and Loop 288 and would be 3,232
feet long. The City ordinance approved by the City Council on
February llth provided for the construction of a 3,232 foot road
but that road would not connect Woodrow Lane and Loop 288 as the
distance between those two highways was 6,600 feet. This road was
not a link between Woodrow Lane and Loop 288 but a parkway for the
sole use of International Isotopes and the other members of the
North Texas Research Center. A second concern dealt with the
City's misrepresentation on the planning involved with the
construction of this road. It had been stated that this was a road
that the City planned to build. Linda Ratliff informed Council that
the road project was not in the CIP plan but was on the long range
thoroughfare plan. This was not true. This was a free road to
increase the value of this property at taxpayers expense. This was
not a project which the City was planning to do.
§. Chu~k Norton regarding ques%ions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Norton stated that he had studied two recent elections in the
City. One was an exercise of political power at the TI site. That
election created County Development District Number 1. To hold
this ~ion th~ City arranged to have a City Attorney live there
for 30 days to establish residency and then he was the election
judge. The purpose of this election was to facilitate the move of
Dell Computer to Denton. The Council had a strange philosophy of
government and response representation. It appeared that a
corporate interest had much more clout than the citizens. The
City of Denton City Council Minutes
March 18, 1997
Page 5
399
second election was the one in January in which the citizens
rejected the proposed sales tax increase. He felt that the mandate
of the people was that they did not want to be taxed to fund the
Economic Development Corporation and did not want the continued
existence of the Corporation. Council did not understand that
message from the citizens. This proposal was an example of
corporate welfare. The Council was more interested in pleasing a
corporate interest than in heeding the will of the citizens. He
encouraged the Council to be as open as possible about what was
going on.
Council Member Beasley stated that this topic was fully discussed
at an open meeting as were the benefits of the road. The road did
not go all the way through to Loop 288 but it was on the
thoroughfare plan and eventually would go through to Loop 288. It
was not a private road. It would be a road within the City of
Denton. If the property was developed and if the City built the
road, the company would dedicate the right-of-way for the road.
The memorandum of understanding was with a realty company which was
proposing that this company would build a plant in Denton. If the
company did not build, there would be no road. The City had to
have assurances that the company would build in the city. A
building permit would have to be issued before the City started any
road work. There were three conditions which the company had to
meet in three years. They had to have built two buildings, one
worth four million dollars and the other worth $750,000. They had
to have personal property value of $7.5 million and an employment
with a payroll of $4 million. If these conditions were not met, a
lien would be placed on the property or escrow money would be set
aside for the recovery of the cost of the road. If the company met
those three conditions in three years, the City would have
recovered the cost of the road through taxes. There would not be
any new taxes going to economic development. This was being done
with money which was already received in the City. This was a win-
win situation for the City. People associated with the company
worked with UNT as did their research company. This was not a fly
by night company coming into the City. The benefits to the City
were high quality jobs. The people against the sales tax election
were not in opposition to economic development.
Mayor Pro Tem Brock wanted to remind the people that the Council
was not the enemy. They were citizens and neighbors of the City.
They volunteered many hours for the City and were not the enemies
but rather provided service to the community. One job they had as
elected officials was how to pay the bills. They were aware of the
conditions of the streets. Where did the money for these
improvements come from. That money partly came from ad valorem
taxes. When property values went up, the amount of taxes collected
went up. The Council was looking for quality development that
would provide good jobs for the citizens and that would tie in with
programs which already existed at the universities. A reference
4OO
City of Denton City Council Minutes
March 18, 1997
Page 6
had been made regarding a 50% reduction in utilities. Actually it
cost less to provide a kilowatt hour of electricity to a large user
than to small user. If larger users could be encouraged to come to
Denton, the rates for residential customers would be lower. It was
true that the Thoroughfare Plan showed the connection with Morris
Street. She was one of the first Council Members to point out some
problems with that as Morris Street stubbed into a railroad track.
It would not tie in anywhere. She urged staff before this case
came up to move the alignment to Shady Oaks which made a smoother
movement and made more sense. That would also preserve a valuable
residential portion of the community. The Council was not in the
pay of anyone and was not in league with anyone against the
citizens.
Council Member Young stated that the people indicated that they
were in favor of economic development without raising taxes.
Within the framework of the economic development department, there
was money for these types of projects and in the long run, the road
would benefit the entire area. The Environmental Protection Agency
declared the area safe. The people indicated no new taxes for
economic development. This was a way to do that without increasing
taxes. In the long run, the road would pay for itself. This was
not a private road but a City road owned by the citizens. This was
a win-win situation for the City. In the long run this company and
others in the area would pay for the road. This was not corporate
welfare but a tax like the half cent sales tax was corporate
welfare. This was economic development at its best.
Council Member Cott stated that the City was not operating in a
vacuum when operating for economic development.
Council Member Durrance stated that he had taken time to speak to
people who had run the effective campaign against the sales tax.
This issue had also been discussed at public meetings. In
discussions it was made clear that the Council was in favor of
economic development and that economic development should not be in
the hands of a private body or authority. Rather it should be the
responsibility of the elected officials. This was not a free ride
for anyone and would not continue to be. The licensing of this
facility wa~ controlled by federal au%hori%ies. The nego%iatlons
were on-going and were published in an open agenda available for
the public. The discussions were held in open meetings and done in
a public basis. This was one of the first agreements that he had
seen which would require that the company make obligations with
regard to having a road out there. The power requirements of this
~ompany would help and aid in reducing kilowatt hours across the
board. By promoting these types of projects the City was providing
areas for further development in the city. He encouraged the
people who spoke to the Council to stay in touch with the Council
and become more versed with items on Council. This continued to be
a win-win situation for the City and was an on-going process.
City of Denton City Council Minutes
March 18, 1997
Page 7
401
Mayor Miller stated that a question of safety had been raised.
This type of operation was very safe. It would be regulated under
the strict control of the federal government. His son worked at
least ten years dealing with low level isotopes in California.
This might not be only one plant but many. This company would have
very strict rules in terms of safety in the community. It was
unfair to leave an impression that this company would be an unsafe
facility.
CONSENT AGENDA
Council Member Cott stated that he would like to discuss Items #16,
17,and 19.
Council Member Cott stated that an order was being given to an
architectural firm with no parameters in regards to the Civic
Center Complex. He recommended that the order be tied in with the
general fund at the time it was going to be built. It needed to be
time phased during the project.
Mayor Miller stated that this was not for the civic Center. It was
for the entire area master plan for the complex.
Mayor Pro Tem Brock stated that this would be an architectural
drawing for the Council to consider for the future. The plan would
be looked at each year during the budget cycle and if the money was
available, parts of the plan would be implemented. It would be an
orderly development of the area.
Council Member Cott stated that this would not increase taxes
during those years just for that.
Mayor Pro Tem Brock did not anticipate rasing taxes for the plan
but she could not speak for future councils.
Mayor Miller asked if Council Member Cott wanted to pull the item
for separate consideration.
Council Member Cott replied correct. In regards to Item #17, he
asked if the green belt project was running out of money.
Bob Nelson, Executive Director for Utilities, stated that this item
was the annual maintenance on Lake Ray Roberts. Part of the Lake
Ray Roberts contract with the Corps of Engineers indicated a
percentage of responsibility of operation maintenance on the dam.
The City had a similar contract dealing with Lake Lewisville.
Council Member Cott stated that in regard to Item ~19, he first
thought that the City was going to start a mutual aid agreement
with both Alliance Airport and the race track. He now understood
the terms of this agreement°
4O2
City of Denton City Council Minutes
March 18, 1997
Page 8
Biles motioned, Beasley seconded to approve the Consent Agenda and
the accompanying ordinances except for Item #16. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
Beasley motioned, Brock seconded to approve Item #16.
Cott motioned, Young seconded that he would like to amend that
motion that this Council send to the Council which would first
break ground, a feeling that this Council would like to not raise
taxes just for this project°
Council Member Beasley that she did not feel that this Council
could bind a future Council and each Council should make its own
decision. If the letter was not binding, what effect would it
have. She wanted to point out that this was a master plan for the
whole Civic Center Park. It was a plan on how to develop that land
that would be the most beneficial to the City as park land and to
make sure it was more usable for all citizens. This did not
include any money to be spent for improvements but rather was for
a plan for the use of the area.
Council Member Biles stated that this ordinance was not to
construct anything but was to hire a firm to give a blueprint on
how to plan the area for the future.
Mayor Pro Tem Brock stated that the firm for the contract was based
on O'Neil Ford. It was appropriate that this firm make the initial
sketches and build on the plan for the Civic Center.
Council Member Durrance stated that one of the unique factors of
Denton was the use of the city's parks and in the heart of the City
was this complex. The Council should do what it could to
encourage, protect and preserve that personality aspect of the
City. He did not feel the Council should isolate any one factor
which would affect the budget process for a future Council. Any
one particular budget item would not be more important than
another.
Council Member Young stated that he agreed with the motion because
$100,000 for a bridge was excessive and was throwing away money.
The money for the consultant was too much. He was in favor of
sending a message to future Councils to not raise taxes.
Mayor Miller ~tated that he assumed he meant fo~ d~ainage issues or
any other kinds of items needed for the City.
Council Member Young stated that it should be done without raising
taxes. Spending could be cut by having a freeze on new hires and
give the employees a three percent raise.
403
City of Denton city Council Minutes
March 18, 1997
Page 9
Council Member Beasley called the question.
On roll vote on the amendment, Beasley "nay", Brock "nay", Cott
"aye", Durrance "nay", Young "aye", Biles "nay" and Mayor Miller
"nay". Motion failed with a 2-5 vote.
On roll vote on the original motion to approve the item, Beasley
"aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
9. NO 97-071
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2001 - Tractor,
Loader, Backhoe -Item 1 and iA)
10.
NO. 97-072
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2002 - Cable Splicing
Trailer)
11.
NO. 97-073
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2006 - Pagers and
Paging Service)
12.
NO. 97-074
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2007 - Truck Bed and
Bodies)
13.
NO. 97-075
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2018 - Annual Price
Agreement for Water Meters)
404
City of Denton City Council Minutes
March 18, 1997
Page 10
14. NO. 97-076
15.
16.
18.
19.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2020 - Refuse Truck)
NO. 97-077
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid #2021 - Evers Park Restroom Concession
Building)
NO. 97-078
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH FORD, POWELL, AND CARSON,
INC. FOR THE CIVIC CENTER COMPLEX MASTER PLAN; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (Proposal #2022 - Civic Center Complex Master Plan)
NO. 97-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OPERATION
EXPENSES OF LAKE RAY ROBERTS BY THE CITY TO THE DEPARTMENT OF
ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE.
(Check Requisition - Department of Army Corps of Engineers)
NO. 97-080
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF LAKE DALLAS RELATING TO
PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH
PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND
DECLARING AN EFFECTIVE DATE.
NO. 97-081
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND EMERGENCY
MEDICAL SERVICES ON BEHALF OF THE CITY OF DENTON WITH THE CITY
OF FORT WORTH RELATING TO SERVICES EACH CITY M3~Y PROVIDE THE
OTHER DURING TEXAS MOTOR ~FEEDWAY EVENTS~ AND PROVIDING AN
EFFECTIVE DATE.
405
City of Denton City Council Minutes
March 18, 1997
Page 11
20. NOo 97-082
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
APPRAISAL SERVICES BETWEEN THE CITY OF DENTON AND FANNING AND
ASSOCIATES TO ASSIST THE CITY IN ESTABLISHING REASONABLE
VALUES FOR THE ACQUISITION OF RIGHT-OF-WAY FOR U.S. HIGHWAY 77
WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
21.
97-083
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DENTONAND D.L. SARGENT, JR. DBA SARGENT APPRAISAL
COMPANY FOR APPRAISAL REVIEW SERVICES RELATING TO RIGHT-OF-WAY
ACQUISITIONS ALONG U.S. HIGHWAY 77; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE°
ITEMS FOR INDIVIDUAL CONSIDERATION
22. The Council considered adoption of an ordinance relinquishing
an area located east of the Elm Fork of the Trinity River and south
of FM 455 from the extraterritorial jurisdiction of the city of
Denton; and establishing an easterly extraterritorial jurisdiction
boundary line.
Rick Svehla, Deputy City Manager, stated that Council had discussed
this item at several work sessions. Staff had visited with all of
cities which were affected and they were in agreement with the
lines. The City was using the most easterly of either Corps
property or conservation easements acquired by the Corps to
facilitate the green belt development.
Council Member Durrance stated that these lines had not changed
from the last discussion.
Svehla replied that the line had been moved slightly easterly in
some areas where the conservation easement was further east than
the actual boundary of the Corps land. They had visited with the
cities involved and they were in agreement.
The following ordinance was considered:
NO. 97-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELINQUISHING AN
AREA LOCATED EAST OF THE ELM FORK OF THE TRINITY RIVER AND
SOUTH OF FM 455 FROM THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF DENTON; ESTABLISHING AN EASTERLY EXTRATERRITORIAL
406
City of Denton City Council Minutes
March 18, 1997
Page 12
JURISDICTION BOUNDARY LINE AND DECLARING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
23. The Council considered an ordinance partially vacating a
certain drainage easement recorded in the Plat Records of Denton
County, Texas at Cabinet L, Page 58, as it pertains to Lot 4, Block
A of the Northwood Estates Limited Subdivision. (The Planning and
Zoning Commission recommended approval 5-0.)
Rick Svehla, Deputy City Manager, stated that this home was built
across the City easement. Staff determined that it was possible to
relinquish this small piece of the easement to facilitate the sale
of the property for the owner.
The following ordinance was considered:
NO. 97-085
AN ORDINANCE PARTIALLY VACATING CERTAIN DRAINAGE EASEMENT
RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT
CABINET 1, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE
NORTHWOOD ESTATES LIMITED SUBDIVISION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
24. The Council considered adoption of an ordinance authorizing
the City Manager to execute a real estate contract with Richard A.
Baria and Jo An Baria, for the purchase of approximately 1.562 acre
tract of land known as 1301 Myrtle, Denton, Denton County, Texas
for future expansion of the City of Denton's Electric Locust
Substation. (The Planning and Zoning Commission recommended
approval 4-0.)
Bob Nelson, Executive Director for Utilities, stated that one of
the City's substations was located south of this property. There
had been substantial growth in this area and another transformer
would need to be added in the next few years. This property would
allow an extension of the substation in the area.
The following ordinance was considered:
· . [
City of Denton City Council Minutes
March 18, 1997
Page 13
407
NO. 97-086
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT WITH RICHARD A. BARIAAND JO AN BARIA, FOR THE
PURCHASE OF APPROXIMATELY 1,562 ACRE TRACT OF LAND KNOWN AS
1301 MYRTLE, DENTON, DENTON, COUNTY, TEXAS FOR FUTURE
EXPANSION OF THE CITY OF DENTON ELECTRIC LOCUST SUBSTATION;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING
AN EFFECTIVE DATE.
Council Member Biles stated that he was very aware of the building
on the property for its historic value and the need for its
preservation.
Biles motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
25. The Council considered adoption of an ordinance amending
Section 4-31 of the Code of ordinances for the purpose of revising
the duration of an alarm permit.
Mike Jez, Executive Director of Operations, stated that the current
alarm ordinance required the permits to be renewed annually. This
proposed ordinance would modify that so that once a permit was
issued, it would be good for an indefinite period of time until
revoked or no longer needed. This would save approximately $900
per year in costs associated with annual issuance of the permits.
The information would be updated annually but would not require a
new permit.
The following ordinance was considered:
NO. 97-087
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 4-
31 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS FOR
THE PURPOSE OF REVISING THE DURATION OF AN ALARM PERMIT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
26. The Council considered adoption of an ordinance authorizing
the City Manager to execute a professional services agreement (for
daily services) with Resource Management International ("RMI")
providing for consulting services related to electric
restructuring. (Public Utilities Board recommended approval.)
408
City of Denton City Council Minutes
March 18, 1997
Page 14
Sharon Mays, Director of Electric Utilities, stated that this
ordinance would provide the City the option to use this firm for
issues that might come up requiring a quick and immediate response.
The following ordinance was considered:
NO. 97-088
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (FOR DAILY SERVICES) WITH
RESOURCE MANAGEMENT INTERNATIONAL ("RMI") PROVIDING FOR
CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
27. The Council considered adoption of an ordinance authorizing
the City Manager to execute a second amendment to the professional
services agreement with Resource Management International ("RMI")
relating to the provision of assistance to the City in developing
and communicating the City's position on electric restructuring
issues to the Texas Legislature and to the Public Utilities
Commission of Texas. (The Public Utilities Board recommends
approval.)
Sharon Mays, Director of Electric Utilities, stated that this was
a specific issue which related to the PUC and deregulation.
Transmission cost issues were not completely settled and were now
in the lawsuit phase ready to open new dockets. This ordinance
would authorize the use of RMI for support.
The following ordinance was considered:
NO. 97-088
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE
MANAGEMENT INTERNATIONAL ("RMI") RELATING TO THE PROVISION OF
ASSISTANCE TO THE CITY IN DEVELOPING AND COMMUNICATING THE
CITY'S POSITION ON ELECTRIC RESTRUCTURING ISSUES TO THE TEXAS
LEGISLATURE AND TO THE PUBLIC UTILITIES COMMISSION OF TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
City of Denton city Council Minutes
March 18, 1997
Page 15
Biles motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", C~tt "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
28. The Council considered approval of a resolution authorizing
the City Manager to negotiate with the Cit~ of Dallas to resolve
the lease agreements with Texas Parks and Wildlife Department for
the operation of Lake Ray Roberts and the Greenbelt. (The Public
Utilities Board recommended approval.)
Bob Nelson, Executive Director of Utilities, stated that Denton was
participating with Dallas on Lake Ray Roberts. Part of that
responsibility was the recreation program and one element of the
recreation program was the greenbelt. Originally it was intended
that the greenbelt would be funded with the revenues from the
parks. The State of Texas Parks Department operated those parks
and wanted additional funds to operate the greenbelt. This
resolution would allow the City to work with the City of Dallas to
begin negotiating with the State to secure that funding. Before
any action would take place, the proposal would be considered by
the Council.
The following resolution was considered:
NO. R97-010
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
THE CITY OF DALLAS TO RESOLVE THE LEASE AGREEMENTS WITH TEXAS
PARKS AND WILDLIFE DEPARTMENT FOR THE OPERATION OF LAKE RAY
ROBERTS AND THE GREENBELT; AND PROVIDING FOR AN EFFECTIVE
DATE.
Biles motioned, Young seconded to approve the resolution.
Council member Beasley indicated that the greenbelt was not in the
current contract.
Nelson replied correct that the greenbelt was not totally completed
at the time an agreement for recreational facilities had to be
done. The estimated cost to run the park was $250-300,000 with
Denton's share being $65-70,000 of that.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
29. The council considered approval of a resolution approving the
amended fiscal year 1997 financial plan of the DENCO Area 9-1-1
District, pursuant to the Texas Health and Safety Code, Chapter
772, as amended.
Mike Pedigo, Denco Area 9-1-1, stated that this was first time the
organization had come for an amendment to the budget. Their
legislation required that any amendment or revision to the approved
410
City of Denton City Council Minutes
March 18, 1997
Page 16
budget had to follow the same procedure as the original budget.
Due to circumstances which were unforeseen in the budget
projections, it was necessary to amend the budget. One cause was
that revenue projections had a programming error by about $300,000
and the expenditures for the new office were larger than planned.
Council Member Young asked what was the projected budget this year.
Pedigo replied that the amended anticipated revenues were $1.895
million including revenues from debt.
The following resolution was considered:
NO. R97-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE AMENDED FISCAL YEAR. 1997 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND
SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Beasley seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
30. A resolution authorizing the City Manager to execute a
memorandum of understanding by and between the cities of Denton,
Garland, and Greenville, Texas for the creation of a sub-control
area for operational control and economic dispatch relating to the
efficient delivery of power and energy to the three participant
cities. (The Public Utilities Board recommended approval.)
Sharon Mays, Director of Electric Utilities, stated that as a
result of deregulation, the five entities which formed the Texas
Municipal Power Pool, found it appropriate to separate into two
groups. The cities of Denton, Garland and Greenville formed a
subcontrol area operated by the city of Garland. Resources were
operated jointly which was a better use of resources. This
memorandum of understanding was the first step in formalizing the
operation. It had already been approved by Greenville and Garland.
The following resolution was considered:
NO. R97-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITIES OF DENTON, GARLANDAND
GREENVILLE, TEXAS FOR THE CREATION OF A SUB-CONTROL AREA FOR
OPERATIONAL CONTROL AND ECONOMIC DISPATCH RELATING TO THE
City of Denton city Council Minutes
March 18, 1997
Page 17
EFFICIENT DELIVERY OF POWER AND ENERGY TO THE THREE
PARTICIPATING CITIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
31. The Council considered a resolution supporting the Partners In
Mobility Policy Position on Federal Legislative Issues for the
105th Congress.
Rick Svehla, Deputy city Manager, stated that the Partners in
Mobility had a trip scheduled to the Highway Commission on the 27th
of this month to deliver these strategic programs. The RTC, along
with the other Partners in Mobility, was trying to impress on
federal and state legislators the importance of freeing highway
trust funds and using federal level money at the state level.
The following resolution was considered:
NO. R97-013
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON FEDERAL
LEGISLATIVE ISSUES FOR THE 105TH CONGRESS; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
32. The Council considered approval of a resolution supporting the
Partners In Mobility Policy Position on State Legislative Issues
for the 75th Texas Legislative Session.
The following resolution was considered:
NO. R97-014
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON STATE
LEGISLATIVE ISSUES FOR THE 75TH SESSION OF THE TEXAS
LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Beasley seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
33. Miscellaneous matters from the City Manager.
412
City of Denton City Council Minutes
March 18, 1997
Page 18
Ted Benavides thanked the Council for the resources to deal with
the deregulation issue on the State and Federal level.
34. There was no Closed Meeting at this Council meeting.
35. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young requested staff look
possibility of including Fry Street in the Central
District.
into the
Business
B. Council Member Young asked that the Denton City Taxi
appeal be placed on the next agenda.
36. There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 8:50 p.m.
CI~ OF DENTON, TEXAS
CI~%~ SECRETARY
CITY OF DENTON, TEXAS
ACC00376