Minutes April 21, 1998 CITY OF DENTON CITY COUNCIL MINUTES
April 21, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, April 21, 1998 at 5:45 p.m. in the Council Work Session
Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran,
Young and Durrance.
ABSENT: None
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, April 21, 1998 at 7:00 p.m. in the Council
Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran,
Young and Durrance.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags.
PRESENTATIONS/AWARDS
2. Proclamations
Mayor Miller presented the following proclamations:
Week of the Young Child
Fair Housing Month
Arson Awareness Week
TWU Gymnastics Day
Youth Week
Drinking Water Week
CITIZEN REPORTS
3. The Council received a report from Sharon Dubcak regarding flooding of Audra Estates
Subdivision when it rained and the illegal issuance of building permits by the Building Inspections
Department.
Ms. Dubcak stated that to date there had not been much rain and it looked like there was not a
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April 21, 1998
Page 2
problem. But there was a problem with drainage in the area. Even after installing a drain there was
still a problem with drainage in the area. She wished the City would monitor the problem and inspect
the area after a heavy rain.
4. The Council received a report from Dessie Goodson regarding “justice delayed, justice denied.”
Ms. Goodson was not present at the meeting.
5. The Council receive a report from Ross Melton regarding hypocrisy, subversion, principles, and
idealism.
Mr. Melton was not present at the meeting.
CONSENT AGENDA
Council Member Cochran asked that Item #13 be pulled for separate consideration.
Beasley motioned, Brock seconded to approve the Consent Agenda and accompanying ordinances except
for Item #13. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”,
Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
6. NO. 98-104
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF A SUBSTATION CONTROL HOUSE AND SWITCHGEAR
ASSEMBLY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (Bid #2180 – Locust Street Substation Phase III
Control House and Switchgear in the amount of $232,934.00 awarded to Powell Industries)
7. NO. 98-105
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF ELECTRIC SUBSTATION STEEL, SWITCHES AND BUSS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE. (Bid #2181 – Locust Street Substation Phase III Steel, Switches and Buss
in the amount of $46,977.00 awarded to Clark Corporation)
8. NO. 98-106
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNATE TO EXECUTE AGREEMENTS WITH N. HARRIS
COMPUTER CORPORATION, RELATED TO THE ACQUISITION, LICENSURE AND
MAINTENANCE OF COMPUTER EQUIPMENT, SOFTWARE AND SUPPORTING
INFORMATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN AN
AMOUNT NOT TO EXCEED $300,150; AND PROVIDING FOR AN EFFECTIVE DATE.
9. NO. 98-107
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Page 3
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR GENERAL CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL
CENTER AND CITY HALL–PROJECT II; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2184 – General
Construction and Renovation of the Denton Municipal Center and City Hall–Project II in the
amount of $1,065,587.00 awarded to DBR Construction Company)
10. NO. 98-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF DENTON AND BINKLEY AND BARFIELD, INC. FOR THE ENGINEERING
DESIGN OF MODIFICATIONS TO CENTRAL FIRE STATION TRUCK BAY FLOOR,
CONCRETE DRIVEWAYS AND SOUTH RETAINING WALL IN THE AMOUNT OF
$31,200; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Proposal #2151 – Central Fire Station Truck Bay
Modification–Binkley and Barfield, Inc. in the amount of $31,200.00)
11. NO. 98-109
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT FOR NETWORK CONSULTANT INFORMATION SERVICES ENTERPRISE
NETWORK DESIGN BETWEEN THE CITY OF DENTON AND NTCS, INC.; PROVIDING
FOR AN INCREASE IN THE QUANTITY OF WORK PERFORMED AND AN INCREASE
IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RSFP #1970
– Network Consultant Information Services Enterprise Network Design awarded to NTCS, Inc.
in the amount of $241,500.00; Change Order #1 in the amount of $47,500.00; new contract
amount is $289,000.00)
12. NO. 98-110
AN ORDINANCE AMENDING SECTION 10-128 OF ARTICLE VI OF CHAPTER 10 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR
A CONTINUATION OF THE QUALIFICATION PERIOD FOR SEEKING PARTIAL TAX
EXEMPTIONS FOR DESIGNATED HISTORIC SITES TO THE YEAR 2008; PROVIDING
OWNERS THAT QUALIFY FOR A DESIGNATED HISTORIC SITE FIFTEEN (15) YEARS
OF PARTIAL TAX EXEMPTION; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS
14. The Council held a public hearing inviting citizens to comment on the City of Denton’s 1998
Action Plan for Housing and Community Development.
Barbara Ross, Community Development Administrator, stated that public comment would be
received on the 1998 Action Plan for Housing and Community Development. Last week the
Community Development Advisory Committee Chair and Human Services Committee Chair
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presented their recommendations to Council. The General Fund recommendations made by the
Human Services Committee were included in the Action Plan document only as recommendations to
be considered by Council at a later date.
The Mayor opened the public hearing.
Charles Stafford, President of the Board of Directors of the Children’s Advocacy Center, stated that
a cooperative effort was started several years ago to investigate severe child abuse cases in a
different manner. Last year the agency served 200 children. He asked the Council to increase the
amount of funding recommended for the Agency by the Human Services Committee.
Jim Brown stated that the Advocacy Center was a much needed program in the City of Denton. A
second look was needed to consider giving more funding to the Advocacy Center. He requested
additional consideration for this agency for increased funding.
Council Member Young stated that the Center dealt with county-wide children. He questioned what
type of County funding the Center was receiving.
Brown stated that the Center’s entire budget was $310,000. The $20,000 given by the City was only
6.5% of the total budget. The number of Denton citizens served at the Center was 38%.
Heather Rattan stated that as an Assistant D.A. for Denton County, every dollar given to the
Advocacy Center was a dollar well spent. The Center was a strong step in establishing rights for
victims of child abuse. It established a place where a child could go when abuse happened. There
the child would only have to tell his story one time on a videotape and not have to tell the story many
times. She asked for additional funding for the Center.
Emily Field stated that even though the Advocacy Center was located in Lewisville, the City of
Denton was its highest client. The Center was formed at the request of area cities to help child
victims of child abuse. She asked for reconsideration of the recommendation made regarding their
funding.
Melanie Barry stated that the goal of the Advocacy Center was to secure a permanent place for
children of child abuse. They now had 12 months to permanently secure a safe home for ahild abuse
cases. The Center helped with cases in order to secure homes for the children of child abuse.
Sherri Gideon, Denton County Friends of the Family, thanked the Council for its continued support
of the agency.
Raymond Redmon stated that he was in support of the Children’s Advocacy Center. The City
needed to be more of a leader with these types of centers. The City should use its platform as a
leadership position for these centers.
The Mayor closed the public hearing.
15. The Council held a public hearing regarding the proposed annexation of a 30.32 acre property
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located in northwest Denton, north of Highway 77 near its intersection with Interstate 35 (A-76).
Dave Hill, Director of Planning and Development, stated that notice regarding this annexation had been
published per state law and a schedule approved. The second public hearing regarding the annexation and
th
proposed zoning for the property would be May 12th for Council and May 27 for the Planning and
Zoning Commission. The annexation was at the owners request.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #13 was considered:
13. The Council considered approval of a resolution approving an agreement and resolution of the
City of Denton Industrial Development Authority with respect to the issuance of bonds for Mayday
Manufacturing Company, Inc.
Council Member Cochran felt that this was a large amount of money for a program he was not
familiar with. He asked for an overview of the program with an explanation of what was being done
and the responsibilities of the City for a potential default.
Ted Brizzolara, McCall, Parkhurst and Horton, stated that this was the 11th bond which the
Authority had done. This would be a private loan for tax exemption purposes. There was no city
money involved. The State statute required that the City approve the action of the Authority. The
City would not be liable for any payments on the bonds.
Council Member Cochran asked about requirements to be able to receive this type of loan.
Brizzolara stated that it had to be a manufacturing project, could not be a large project (less than $10
million), and must have an allocation of the State cap.
The following resolution was considered:
NO. R98-017
A RESOLUTION APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY OF
DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE
ISSUANCE OF BONDS FOR MAYDAY MANUFACTURING COMPANY, INC.
Brock motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
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16. The Council considered a resolution relating to the issuance of obligations by the North Texas
Higher Education Authority, Inc.; approving the issuance of such obligations and the use of the proceeds
of such obligations; and making certain findings in connection therewith.
The following resolution was considered:
NO. R98-18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO
THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER EDUCATION
AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE
USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH.
Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
17. The Council considered adoption of an ordinance calling a public hearing on land use assumptions
related to the possible adoption of water and wastewater impact fees in accordance with Chapter 395 of
the Local Government Code, requiring the City Secretary to post notice of the public hearing and to
provide additional notice of the public hearing as set forth in the body of this ordinance, and providing an
effective date.
Jill Jordan, Director of Water/Wastewater Utilities, stated that this was notice to hold a public
hearing regarding impact fees. The Advisory Committee would soon be looking at the land use
assumptions. The Council would be briefed on those assumptions at its next meeting.
The following ordinance was considered:
NO. 98-111
AN ORDINANCE CALLING A PUBLIC HEARING ON LAND USE ASSUMPTIONS
RELATED TO THE POSSIBLE ADOPTION OF WATER AND WASTEWATER IMPACT
FEES IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE,
REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC HEARING
AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS SET FORTH
IN THE BODY OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
18. The Council considered adoption of an ordinance authorizing lease amendment No. 1 to the lease
between the City of Denton and Greater Denton Arts Council, Inc. dated September 1, 1981 relating to
the warehouse and machine shop and electric diesel plant located on Hickory Street at its intersection with
Bell Avenue. (The GDAC Board of Directors recommended approval.)
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Betty Williams, Assistant to the City Manager, stated that on September 1, 1981 the City and the Greater
Denton Arts Council entered into a lease for two pieces of property – the Center for the Visual Arts and
the old electric steam plant. At the January 1998 meeting of the Arts Council, the Executive Board voted
to relinquish ownership of the plant back to the City.
Council Member Beasley asked why the Arts Council would want to give up the property.
Herbert Holl, Executive Director of the Greater Denton Arts Council, stated that the Arts Council was not
giving up on the idea of an arts corridor but without a specific plan or idea for the facility it was felt that
the Arts Council might be holding back on the development of the building.
The following ordinance was considered:
NO. 98-112
AN ORDINANCE AUTHORIZING LEASE AMENDMENT NO. 1 TO THE LEASE
BETWEEN THE CITY OF DENTON AND GREATER DENTON ARTS COUNCIL, INC.
DATED SEPTEMBER 1, 1981 RELATING TO THE WAREHOUSE AND MACHINE SHOP
AND ELECTRIC DIESEL PLANT LOCATED ON HICKORY STREET AT ITS
INTERSECTION WITH BELL AVENUE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
19. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the
release of a special paving assessment lien arising under Ordinances No. 61-16, 61-22, and 61-24
respecting the real property commonly known as 724 Driftwood Trail, Denton, Denton County, Texas;
authorizing the Mayor to execute said release; and providing for an effective date.
Herb Prouty, City Attorney, stated that this was another in a long series of paving liens
recommended for release.
The following ordinance was considered:
NO. 98-113
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE RELEASE
OF A SPECIAL PAVING ASSESSMENT LIEN ARISING UNDER ORDINANCES NO. 61-
16, 61-22, AND 61-24 RESPECTING THE REAL PROPERTY COMMONLY KNOWN AS
724 DRIFTWOOD TRAIL, DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE
MAYOR TO EXECUTE SAID RELEASE; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
20. The Council considered adoption of an ordinance authorizing the Mayor to sign an Interlocal
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Cooperation Agreement for road improvements between the City and the Denton Independent School
District to provide for the widening of Mayhill Road from Mills Road to McKinney Street and related
improvements; and providing an effective date.
The following ordinance was considered:
NO. 98-114
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL
COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY
AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO PROVIDE FOR THE
WIDENING OF MAYHILL ROAD FROM MILLS ROAD TO MCKINNEY STREET AND
RELATED IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
21. The Council considered nominations/appointments to the City’s Boards and Commissions.
Council Member Durrance had nominated Steven Posen to the Keep Denton Beautiful Board at a
prior meeting. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”,
Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
Council Member Beasley had nominated James Taylor to the Sign Board of Appeals at a prior
meeting. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young
“aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
22. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
23. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Young asked that the area around the concrete plant be cleaned up and
maintenance done in the area..
24. There was no continuation of the Closed Meeting under Sections 551-071–551.085 of the Texas
Open Meetings Act.
25. There was no official Action on Closed Meeting items held under Section 551-071–551.085 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:00 p.m.
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Page 9
___________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS