Minutes January 20, 1998CITY OF DENTON CITY COUNCIL MINUTES
January 20, 1998
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, January 20, 1998 at 5:45 p.m. in the
City Council Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Cochran, Young and Durrance.
ABSENT: Council Member Kristoferson
1. The Council considered the following in Closed Meeting:
A. Conference with Employees—Under TEX. GOV’T. CODE Sec.
551.075. The Council received information from employees or questioned employees
during a staff conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, January 20, 1998 at 7:00 p.m.
in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Cochran, Young and Durrance.
ABSENT: Council Member Kristoferson
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S.
and Texas flags.
CITIZEN REPORT
2. The Council received a citizen report from Dessie Goodson regarding the City of
Denton.
Ms. Goodson was not present at the meeting.
PRESENTATIONS/AWARDS
3. The Council considered approval of a resolution of appreciation for Bob Nelson.
Mayor Miller presented the resolution of appreciation to Bob Nelson.
Brock motioned, Beasley seconded to approve the resolution. On roll vote, Beasley
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
CONSENT AGENDA
Council Member Cochran asked that Item #5 be pulled for separate consideration.
Mayor Miller indicated that Item #4 was pulled from the agenda and would not be
considered.
Young motioned, Brock seconded to approve Consent Agenda Item #6 and the
accompanying ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”,
Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
6. NO. 97-009
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
THE NECESSARY REPAIRS TO A 973 CATERPILLAR TRACK LOADER WHICH
IS AN EMERGENCY PURCHASE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #82071 –
Darr Equipment)
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #5 was considered from the Consent Agenda
5. The Council considered adoption of an ordinance of the City of Denton
authorizing the City Manager to execute a professional services agreement with
Application Control Engineering for development of an early storm warning system;
authorizing the expenditure therefore; and providing an effective date. (P. O. #82389 –
Application Control Engineering in the amount of $31,200.00)
Council Member Cochran asked for more information on the scope of work.
Jill Jordan, Interim Director of Water and Wastewater Utilities, stated that the scope of
the project was to prepare the engineering specifications and select the equipment to be
used for the flood warning system. This was a very specialized area and outside
assistance was needed.
Council Member Cochran asked about the number of sirens to be included.
Jordan stated that that was a different system. One phase of this system was the flood
warning system with automated gate closures at Corbin Road and Mayhill Road. The
second phase was for stream gages and rain gages to automatically record data to send to
the wastewater treatment plant.
The following ordnance was considered:
NO. 97-008
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
APPLICATION CONTROL ENGINEERING FOR DEVELOPMENT OF AN EARLY
STORM WARNING SYSTEM; AUTHORIZING THE EXPENDITURE THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (P.O. #82389 - APPLICATION
CONTROL ENGINEERING)
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
7. The Council considered adoption of an ordinance authorizing the City Manager to
execute an agreement between the City of Denton and Don R. Windle to lease certain
premises of the Municipal Airport and construct and maintain an aircraft hangar and
related aviation facilities thereon; and providing an effective date.
Linda Ratliff, Director of Economic Development, stated that this lease would be for
14,440 square feet and would provide an additional $2,160 annually in airport revenue.
The primary purpose of the lease was the storage of aircraft but auxiliary equipment and
two antique autos would also be stored in the hanger. The non-aircraft storage area would
be screened so as to not see it when the hanger doors were open. This would be a 30 year
lease with two 10 year options.
The following ordinance was considered:
NO. 98-010
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DON R. WINDLE TO
LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT
AND MAINTAIN AN AIRCRAFT HANGER AND RELATED AVIATION
FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
8. The Council considered adoption of an ordinance authorizing the Mayor to
execute a contingent agreement with the City of Dallas and Larry R. Lakes to assume a
concession contract under certain contingencies set forth in the contract.
Howard Martin, Assistant City Manager for Utilities, stated that this item would allow
the developer to construct a concessions area at the park. The developer needed an
assurance from the City that if the City took over park operations, he would be able to
continue with this concessions agreement. His staff had been in contact with the City of
Dallas staff who indicated that Dallas had an understanding of Denton's position and had
pledged that they would proceed on with the agreement. He understood that City
Attorney Prouty had a conversation with the City of Dallas attorney who had a number of
questions and indicated some concerns regarding the agreement. There might be an
amendment to the agreement in the future to accommodate Dallas.
Council Member Young asked if this was just for the concessions.
Martin replied correct that it only had to do with the concessions in the future. It would
allow Mr. Lakes to continue the concessions if Denton and Dallas took over the contract.
Council Member Beasley asked if the same revenues would be negotiated if the contract
was terminated between Mr. Lakes and TPWD.
City Attorney Prouty stated that Denton would assume the benefits and obligations of the
concessions contract. Mr. Lakes needed this agreement in order to receive funding from
the bank for the development of the lodge and concession area. Mr. Lakes could not get
financing unless he had a contract with the City.
Mayor Miller indicated that there was a speaker card for this item.
John Hoeffler stated that he was concerned about the possibility of Denton stopping the
contract with Texas Parks and Wildlife for the management of the Ray Roberts Park. He
felt that it would be a serious mistake to do this as the park was a great asset to the area.
He would not like to lose this facility.
Mayor Miller stated that this agreement was not about canceling the agreement with the
park. He indicated that he had a Speaker Card from Dr. Susan Torrie who indicated that
she used the facilities and would like to see the lake and parks remain under the
management of the Texas Parks and Wildlife Department.
The following ordinance was considered:
NO. 98-011
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
CONTINGENT AGREEMENT WITH THE CITY OF DALLAS AND LARRY R.
LAKES TO ASSUME A CONCESSION CONTRACT UNDER CERTAIN
CONTINGENCIES SET FORTH IN THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
9. The Council considered approval of a resolution recognizing the dire need of a
substantial increase in transportation funding and supporting the principles of the Byrd-
Gramm Amendment now pending in Congress as one measure to provide additional
funding for mobility; and declaring an effective date.
Rick Svehla, Deputy City Manager, stated that this resolution supported the Byrd-Gramm
amendment. The resolution recommended to Congress that the principles of the Byrd-
Gramm amendment to increase funding for re-authorization of the bill.
Mayor Miller stated that last year Congress placed funds in a trust fund with no enabling
legislation to spend the money. This resolution indicated that each year, after the full
amount had been collected, Congress would send that money back to the states the
following year to provide for transportation funding. There would be nothing for public
transportation and would only be for highway funding.
The following resolution was considered:
NO. R98-003
A RESOLUTION RECOGNIZING THE DIRE NEED OF A SUBSTANTIAL
INCREASE IN TRANSPORTATION FUNDING AND SUPPORTING THE
PRINCIPLES OF THE BYRD-GRAMM AMENDMENT NOW PENDING IN
CONGRESS AS ONE MEASURE TO PROVIDE ADDITIONAL FUNDING FOR
MOBILITY; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
10. The Council considered adoption of an ordinance authorizing the City Manager to
execute an agreement for interchange service between the City of Garland, Greenville
Electric Utility System, the City of Denton, Texas and LG&E Energy Marketing, Inc.,
providing for the sale of excess electric generation capacity, as well as other documents
in furtherance of said agreement; authorizing the expenditure of funds therefore; and
providing for an effective date. (The Public Utilities Board recommended approval.)
Sharon Mays, Director of Electric Utilities, stated that the City operated generating plants
in co-operation with the cities of Greenville and Garland. The sales of excess capacity
required the agreement of all three entities. This resulted in a small amount of revenue
for the City. Denton had a small amount of excess capacity but the other cities had more.
The following ordinance was considered:
NO. 98-012
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR INTERCHANGE SERVICE BETWEEN THE CITY OF
GARLAND, GREENVILLE ELECTRIC UTILITY SYSTEM, THE CITY OF
DENTON, TEXAS AND LG&E ENERGY MARKETING, INC., PROVIDING FOR
THE SALE OF EXCESS ELECTRIC GENERATION CAPACITY, AS WELL AS
OTHER DOCUMENTS IN FURTHERANCE OF SAID AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
11. The Council considered nominations/appointments to City’s Boards and
Commissions.
Mayor Miller noted that Julia Klinck had been nominated at a previous meeting for the
Cable Television Advisory Board. On roll vote, Beasley “aye”, Cochran “aye”, Durrance
“aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
12. Miscellaneous matters from the City Manager.
Deputy City Manager Svehla did not have any items for Council.
13. New Business
The following items of New Business were suggested by Council Members for future
agendas:
A. Mayor Pro Tem Brock asked for a review of the ordinance allowing partial
tax exemptions for designated historic properties.
B. Council Member Durrance asked for a work session item to consider
potential rule changes relating to the Council's Rules of Procedures relating to rules for
notice of time to speak and speaking area.
C. Council Member Young suggested that the City send informational flyers
to churches, the Martin Luther King, Jr. Recreation Center and the American Legion in
relation to the development projects taking place in that area.
D. Council Member Cochran asked for an update on the status of and how to
terminate the Economic Development District at the TI site.
14. There was no continuation of Closed Meeting under Sections 551-071–551.085 of
the Texas Open Meetings Act.
15. There was no official action taken on Closed Meeting items discussed under
Section 551-071–551.085 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:00 p.m.
_________________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS