Minutes August 04, 1998
CITY OF DENTON CITY COUNCIL MINUTES
August 4, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, August 4, 1998 at 5:45 p.m. in the Council Work Session
Room at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Kristoferson, and Young.
ABSENT:
Council Member Durrance
1.
Closed Meeting:
A.
Consultation with Attorney-Under TEX GOV'T. CODE Sec. 551.071
1. Considered strategy and discussed status of case and possible settlement in
litigation styled Eller Media Company v. Sign Board of Appeals of the City of Denton and
the City of Denton, Case No. 98-50138-367 filed in the 367th District Court, Denton County.
2. Considered strategy and discussed status and possible settlement of case in
litigation styled Hansen Information Technologies, Inc. v. Azteca Systems, Inc., et aI, Case
No. 4:97cv308 filed in the United States District Court, Eastern District of Texas, alleging
copyright infringement, tortuous interference, and other intellectual property matters.
B. Conference with Employees - Under TEX GOV'T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
C.
Deliberations regarding Real Property - Under TX GOV'T. CODE Sec. 551.072
1. Considered an ordinance amending Ordinance No. 98-182 relating to the
purchase of right-of-way and construction of public improvements in Lakeview Ranch, to
substitute revised Exhibits "A" through "E" in lieu of Exhibits "A" through "C" and adding an
Exhibit "F" to provide for reimbursement of the costs of condemnation for 1.83 acres ofland
located in the M. Forrest Survey, Abstract No. 417 authorized by Ordinance No. 98-082.
The Council convened into a Regular Meeting on Tuesday, August 4, 1998 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Kristoferson, and Young.
ABSENT:
Council Member Durrance
1.
Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
City of Denton City Council Minutes
August 4, 1998
Page 2
PRESENTATIONS/AWARDS
2.
Presentations
A.
Yard of the Month Awards
Mayor Miller presented the following August Yard of the Month Awards:
Denise and Ralph Harpool
Lillie Burger
Lisa and Scott Holman
David and Barbara Ellis
Country Park Apartments - Commercial property
The Greenhouse Restaurant - Downtown Business Award
B.
Keep Texas Beautiful Awards
Cecile Carson presented Keep Texas Beautiful Awards as indicated in the agenda materials.
C.
Tree City USA award by Larry Schaapveld, Texas Forest Service
Mr. Schaapveld presented the award to the Mayor and members of the City Council.
CITIZEN REPORTS
3. The Council received a report from Roland Wade regarding City building codes vs. the
Americans with Disabilities Act.
Mr. Wade was not present at the meeting.
4. The Council received a report from Dessie Goodson regarding the City of Denton and the
resignation of Mayor Jack Miller.
Ms. Goodson stated that at her recent trial she was charged with bogus charges. She felt that this
was a way to get her to be committed to the mental institution at Witcha Falls. She felt that the City
had violated her rights secured under the Constitution. Another similar case was not charged against
the person making similar charges against the City. She asked for the Mayor's resignation as he
allowed her to live without utilities.
NOISE EXCEPTIONS
5. The Council considered a request for an exception to the noise ordinance for the Adults for
Youth in Denton for a pool party on August 7, 1998 from 8:30 p.m. to 12:00 midnight. (Civic Center
Pool)
Jennifer Goodman, Management Assistant, stated that this request was for an exception for the
Adults for Youth program in Denton. The location of the party would be the Civic Center Pool. This
City of Denton City Council Minutes
August 4, 1998
Page 3
event had been held before with no complaints received last year.
Beasley motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
CONSENT AGENDA
Council Member Young asked for discussion on Items #9, 11, and 13.
Council Member Young asked for the time frame for Item #9 would take and when the construction
would begin.
Jill Jordan, Director of Water /Wastewater, stated that the project would be completed in November.
It would be several weeks before the bonds were completed and the project ready to start.
Council Member Young asked why no local businesses bid on Item # 11.
Tom Shaw, Purchasing Agent, stated that bids were sent to nine qualified companies. He did not
know why some of the companies did not respond.
Council Member Young asked how long Item #9 would take and when the construction would begin.
He asked that letters be sent to area residents regarding the construction.
Rick Svehla, Deputy City Manager, stated that it was standard procedure to notify area residents of
pending construction projects. This project was for the design phase and not the actual beginning of
construction.
Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
6.
NO. 98-214
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE SEMI-ANNUAL INVOICE FOR DENTON'S
SHARE OF CURRENT DEBT SERVICE REIMBURSEMENT OF COST FOR DESIGN
AND CONSTRUCTION OF JOINT TREATED WATER PIPELINE; AND PROVIDING
AN EFFECTIVE DATE. (Check Requisition to Upper Trinity Regional Water District in the
amount of $27,994.43)
7.
NO. 98-215
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A PUBLIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE
IN THE AMOUNT OF $297,230.50; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2222 - Ector Street
City of Denton City Council Minutes
August 4, 1998
Page 4
Waterline awarded to Circle C Construction in the amount of$297,230.50)
8.
NO. 98-216
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMENTS
FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF $164,437.90; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE. (Bid #2223 - Mockingbird Drainage Improvements awarded to Earth
Builders, Inc. in the amount of$164,437.90)
9.
NO. 98-217
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A PUBLIC WORKS CONTRACT FOR THE KERLEY STREET
WATERLINE IN THE AMOUNT OF $826,041.00; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(Bid #2233 - Kerley Street Waterline awarded to Bowles Construction in the amount of
$826,041.00)
10.
NO. 98-218
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT
PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY
OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2218 - Sale of
Land 0.466 Acres Well Site No. 10 awarded to Faith Tabernacle Assembly of God Church in
the amount of$1,001.00)
11.
NO. 98-219
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR VEHICLE LIABILITY INSURANCE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(Bid #2232 - Vehicle Liability Insurance awarded to Higginbotham and Associates in the
amount of$35,143.00)
12.
NO. 98-220
AN ORDINANCE AWARDING A CONTRACT FOR A FIVE-YEAR LEASE PURCHASE
OF A COLOR COPIER AND ACCESSORIES AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O.
#86143 to Danka in the annual amount of$19,884.00)
13.
NO. 98-221
City of Denton City Council Minutes
August 4, 1998
Page 5
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR
DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
PUBLIC HEARINGS
14. The Council held a j oint City Council/Planning and Zoning Commission public hearing to hear
comments regarding the draft interim Corridor Ordinance.
Dave Hill, Director of Planning and Development, stated that a different type of zoning notification
was used for this case. The additional requirements were proposed so as to inform individuals inside
the corridors. State law required a joint Planning and Zoning Commission and City Council meeting
and allowed for a deviation from normal public notification requirements. Staff contacted every
property owner who owned property inside the corridors instead of notifying those property owners
within 200 feet outside the corridors. He asked that Council receive a staff presentation, open and
close the public hearing, hold a discussion on the issue and close the discussion for an August 11 th
approval of the ordinance. Discussion of a corridor ordinance started last summer and in January was
formally placed on a list of items Council requested staff prepare for an ordinance. The small area
planning staff looked at different kinds of regulations in other cities and discussed with other
individuals who had worked with these types of regulations. There were fourteen items of discussion
from the most recent discussions with the Chamber on the issue. At this point in time, the proposal
was incomplete.
Mayor Miller stated that there would be a work session next week for review of the input received at
this meeting. Council would consider those items and then direct staff to draft an ordinance for
consideration.
The Mayor opened the public hearing.
The following individuals spoke regarding the proposal:
Mike Rummell- 120 Friar Tuck, Denton, 76201- opposition
Valerie Meredith - 3428 Teasley Lane, Denton 76205 - opposition
Joe Dodd - 1107 Greenlee, Denton, 76201 - opposition
Bill Enlow - 1206 Shady Rest, Corinth, 76208 - opposition
Tom Farlow - 3310 Santa Monica, Denton, 76205 - opposition
Tom Reece - 919 Kilkenny, Denton, 76205 - opposition
Frank Martino - 600 N. Loop 288, Denton, 76201 - opposition
Jim Strauss - 3813 Cevelle, Denton, 76201 - opposition
Joe Bendzick - 1810 Teasley Lane, Denton, 76205 - opposition
Mike Whitten - 218 N. Elm, Denton, 76201 - opposition
Don Dillard - 5000 Thanksgiving Tower, Dallas, 75252 -opposition
Rene Cassar - 2212 Fort Worth Drive, Denton, 76205 - opposition
Dana Miller - 419 S. Carroll #2B, Denton, 76201 - opposition
City of Denton City Council Minutes
August 4, 1998
Page 6
Les Holland - 3760 Holland Lane, Denton, 76208 - opposition
Marshall Smith - 604 Pearl Street, Denton, 76201 - opposition
Bill Cheek, Jr. - 3020 Fort Worth Drive, Denton, 76205 - opposition
Michael Wright - 2129 Fairfax, Denton, 76205 - opposition
Jerry Kelsoe - P.O. Drawer R, Denton, 76202 - opposition
Edwin Fulton - 729 Greenwood, Denton, 76201 - opposition
Tom Jester, Jr. - 201 Pennsylvania, P.O. Box 280, Denton, 76202 - opposition
Weldon Burgoon - Rt. 2, Box 634B, Denton, 76208 - opposition
Steve Knight - 611 Fort Worth Drive, Denton, 76205 - opposition
George Highfill - 3204 Windy Hill, Denton, 76201 - neutral
Larry Bailey - 3819 W. University, Denton, 76207 - opposition
Johnny Smith - Smith Brothers Roping Supplies - opposition
Nance Ustick - 104 East Brown Terrace, Shady Shores, 76208 - favor
Ginny Watts - Rt. 15, Box 350A, Denton, 76201 - favor
Don White - 2105 Savannah Trail, Denton, 76205 - opposition
Jim Kirkpatrick - 2026 Fordham, Denton 76201 - opposition
Bob Widmer - 513 W. Oak, Denton, 76201 - neutral
Slick Smith - 3D Sign and Sales - neutral
Mayor Miller stated that he had Speaker Cards from the following individuals who did not wish to
address the Council:
Cliff Reding - 211 Woodrow, Denton, 76205 - opposition
Curtis Ramsey - 2028 Burning Tree, Denton, 76201 - favor
William Johnson - 707 Parkview, Richardson, 75080 - opposition
Gerald Simmons - 432 Taylor Rd., Argyle - opposition
Larry Zimmerer - 1421 N. Loop 288, Denton, 76201 - opposition
Gerald Mitchell- 2575 Egan Road, Denton, 76207 - opposition
Tom Gobble - 3901 Grant Parkway, Denton, 76208 - opposition
Robert Harris - 5311 I-35N, Denton, 76207 - opposition
Mark Foster - Fosters Western Wear, P.O. Box 312, Krum, 76207 - opposition
lB.Haisler, Jr. - 1200 Cowling Road, Sanger, 76266 - opposition
Shirley Haisler - 1200 Cowling Road, Sanger, 76266 - opposition
Sherry and Leonard Body - 3500 Fort Worth Drive, Denton, 76205 - opposition
Penny Ashley - 3109 Donna road, Denton, 76207 - opposition
Karen Vinney - 1820 W. Oak, Denton, 76201 - favor
Nub Neighbors - 2720 James, Denton, 76205 - opposition
The Mayor closed the public hearing.
Bob Powell, Planning and Zoning Commissioner, stated that this proposal would have zoning beyond
the zone. He had voted against it at the Planning and Zoning Commission meeting. He was not sure
that it was legal zoning.
Council Member Cochran stated that he would like to digest all of the information presented at this
meeting and discuss it at the next meeting.
City of Denton City Council Minutes
August 4, 1998
Page 7
Mayor Miller stated that Council would be addressing this issue at the work session.
15. The Council held a public hearing and considered approval of a resolution adopting a Flood
Mitigation Plan for the City of Denton, Texas, in compliance with the National Flood Insurance
Reform Act of 1994 as administered by the Federal Emergency Management Agency for the purpose
of implementing a plan of action for upgrading or improving floodplain management and qualifying
for federal financial assistance; and declaring an effective date. (The Planning & Zoning Commission
recommended approval 6-0.)
Rick Svehla, Deputy City Manager, stated that the resolution was a means to help acquire grants to
purchase right-of-way for floodplain management and qualifying for federal financial assistance. The
purpose of the public hearing was to receive public comments regarding the plan.
The Mayor opened the public hearing.
No one spoke regarding the issue.
The Mayor closed the public hearing.
The following resolution was considered:
NO. R98-035
A RESOLUTION ADOPTING A FLOOD MITIGATION PLAN FOR THE CITY OF
DENTON, TEXAS, IN COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE
REFORM ACT OF 1994 AS ADMINISTERED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR THE PURPOSE OF IMPLEMENTING A PLAN OF
ACTION FOR UPGRADING OR IMPROVING FLOODPLAIN MANAGEMENT AND
QUALIFYING FOR FEDERAL FINANCIAL ASSISTANCE; AND DECLARING AN
EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
16. The Council held a public hearing and considered approval of a change in zoning on an 11.484
acre tract from Agricultural (A) zoning classification and use designation to Commercial, conditioned
(C[c]) zoning district and land use designation; and providing an effective date. (Z-98-009, Rancho
Vista) (The Planning & Zoning Commission recommended approval 5-0.)
Dave Hill, Director of Planning and Development, stated that this request was to rezone 11.484 acres
from agricultural to commercial conditioned. The land use intensity and concentration criteria in the
1988 Plan was consistent with the request. A commercial land use was compatible with surrounding
development and surrounding zoning. The Planning and Zoning Commission had recommended
approval. A condition of approval was that lighting was not to shine on or disturb surrounding
City of Denton City Council Minutes
August 4, 1998
Page 8
property. The same conditions were imposed on this property as on a truck repair business on Loop
288.
The Mayor opened the public hearing.
Don Dillard stated that 60 acres around this property were already in an approved plan. One issue
was annexation and one issue was zoning. He was asking for the balance of the 60 acres to be zoned
commercial. The eight conditions from the staff were in conjunction with the corridor ordinance and
he felt that the proposal should be consistent with the rest of the property.
Council Member Burroughs asked with what conditions Dillard was having a problem.
Dillard stated that under the commercial guidelines, he already had a concept plan for the property.
He felt that the corridor comments were not necessary. He wanted to put the entire property in the
city limits as commercially zoned property.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-222
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 11.484 ACRES OF LAND
LOCATED NORTH OF HIGHWAY 77, EAST OF ITS INTERSECTION WITH 1-35;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Miller seconded to adopt the ordinance as approved by the Planning and Zoning
Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
Council considered Item # 18.
18. The Council considered adoption of an ordinance annexing a 30.32 acre tract located north of
Highway 77, east of its intersection with 1-35; establishing commercial, conditioned, (C[c]) zoning
district classification and use designation on the annexed land; and providing an effective date. (A- 76,
Rancho Vista) (The Planning and Zoning Commission recommended approval 5-0.)
Dave Hill, Director for Planning and Development, stated that this was the second reading for this
ordinance.
The Mayor opened the public hearing.
City of Denton City Council Minutes
August 4, 1998
Page 9
No one spoke on the issue.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-224
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 30.320 ACRES, LOCATED NORTH OF HIGHWAY 77, EAST OF
INTERSTATE 35; CLASSIFYING THE ANNEXED PROPERTY AS COMMERCIAL,
CONDITIONED (C[c]) ZONING CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
17. The Council held a public hearing and considered approval ofa request to rezone a 14.31 acre
tract from Agricultural (A), Office, conditioned (O[c]), and One-Family Dwelling (SF-I0) zoning
classification and use designation to Office, conditioned (O[c]) zoning district and land use
designation and the revocation of Specific Use Permits Number 194 and 196. The property was
located west of Bonnie Brae Street, approximately 750 feet north ofWillowwood Street in southwest
Denton. Expansion of Liberty Christian School was proposed. (Z-98-031) (The Planning & Zoning
Commission recommended approval 7-0.)
Dave Hill, Director of Planning and Zoning, stated that the purpose of the proposal was for an
expansion of the Liberty Christian School. Three conditions were imposed on the property from the
Planning and Zoning Commission meeting.
The Mayor opened the public hearing.
No one spoke on the issue.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-223
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) OFFICE, CONDITIONED (O[c]), AND ONE
FAMILY DWELLING (SF-I0) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 14.31 ACRES OF LAND LOCATED
ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 750 FEET
City of Denton City Council Minutes
August 4, 1998
Page 10
NORTH OF WILLOWWOOD STREET; PROVIDING FOR THE REVOCATION OF
SPECIFIC USE PERMITS NUMBER ONE HUNDRED NINETY-FOUR (194) AND ONE
HUNDRED NINETY-SIX (196); PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
19. The Council considered approval ofa resolution of the City of Denton, Texas approving the
1998-1999 budget of the Denton Central Appraisal District; and declaring an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated that Council reviewed this budget at its
last meeting.
The following resolution was considered:
NO. R98-036
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 1998-1999
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion
carried with a 5-1 vote.
20. The Council considered approval of a resolution voting for a member to the Board of
Managers of the Denco Area 9-1-1 District; and declaring an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated that Council had nominated David Fowler
to the Denco 9-1-1 Board.
The following resolution was considered:
NO. R98-037
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to vote for Harlan Jefferson. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
City of Denton City Council Minutes
August 4, 1998
Page 11
21. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery
of City of Denton Utility System Revenue Refunding Bonds, Series 1998B, and approving and
authorizing instruments and procedures relating thereto; and providing an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated that this refunding was to refund
approximately $7.6 million of utility debt.
David Medanich, First Southwest Company, stated that this was the second part of this transaction.
This refunding was for $4.4 million of1989 bonds and $2.74 million of1992 bonds. These would be
replaced with bonds with better interest.
The following ordinance was considered:
NO. 98-225
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY
OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1998B,
AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
22. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting U-
turns on certain portions of Wood Street on school days; prohibiting parking on certain portions of
Wood Street on school days; providing a severability clause; providing for publication thereof;
providing for a penalty not to exceed two hundred dollars; and declaring an effective date. (Traffic
Safety Commission unanimously recommended approval.)
Rick Svehla, Deputy City Manager, stated that staff and the Traffic Safety Commission recommended
approval. This would solve problems with u-turns at the Sullivan Keller School.
The following ordinance was considered:
NO. 98-226
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U-TURNS ON
CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; PROHIBITING
PARKING ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION
THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
City of Denton City Council Minutes
August 4, 1998
Page 12
carried unanimously.
23. The Council considered adoption of an ordinance of the City of Denton, Texas allowing the
closure of portions of Avenue C on Mondays through Fridays from 7:30 a.m. until 3:00 p.m. when
pedestrian or vehicular safety require closure; prohibiting the operation of a non-emergency vehicle
on closed portions of Avenue C during the times the street is closed; providing a savings clause;
providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring
an effective date. (Traffic Safety Commission unanimously recommends approval.)
Rick Svehla, Deputy City Manager, stated that the University of North Texas was seeking closure of
the street in conjunction with traffic movement and pedestrian movement in area due to the opening
of the new Environmental Sciences Building.
Council Member Beasley felt that a problem with the proposal was that it was trying to anticipate
traffic problems. She suggested waiting to see what happened after the building opened. She
questioned if enough people had been notified about the process.
Fred Pole, VP- Academic Affairs with the University of North Texas, stated that a larger problem
would be to not anticipate a problem and then trying to take action later. The new building had a
large number of classrooms which would generate a large amount of students crossing Avenue C.
This was a request for a limited closing of the street in scope and time. If this were not done, the
same situation could arise as a number of years ago and ending with the need for medians further
down on Avenue C.
Council Member Kristoferson asked if there could be a time period for review if the proposal were
approved.
Eric Jackson, University of North Texas Chief of Police, stated that the plan was for maximum
flexibility. The closure could be changed to fit the patterns of pedestrian traffic. He felt this was the
only viable option for a solution of the problem. Students did not heed traffic signals nor pedestrian
crosswalks.
Council Member Cochran stated that the problem was intermittent and not all the time. This proposal
might push traffic east and west instead of flowing north and south which would be creating problems
in other areas of the city where currently there were no problems. He was not sure Council had all
the information on this issue.
The following ordinance was considered:
NO. 98-227
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALLOWING THE CLOSURE
OF PORTIONS OF AVENUE C ON MONDAYS THROUGH FRIDAYS FROM 7:30 AM.
UNTIL 3:00 P.M. WHEN PEDESTRIAN OR VEHICULAR SAFETY REQUIRE
CLOSURE; PROHIBITING THE OPERATION OF A NON-EMERGENCY VEHICLE ON
CLOSED PORTIONS OF AVENUE C DURING THE TIMES THE STREET IS CLOSED;
City of Denton City Council Minutes
August 4, 1998
Page 13
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DATE.
Cochran motioned, Young seconded to deny the request.
Council Member Young asked if a meeting had been held with citizens in the area for input.
Svehla replied that the land owners from Scripture to 135 had been notified. Notification had also
been sent to apartments, etc. in the area.
Mayor Pro Tern Beasley was not sure the neighbors in the area had been properly notified and was
not sure about the magnitude of the problem.
Pole stated that announcements had been made and this had not been done in the dark. He felt this
was a serious question and asked what if this were not done and a worse problem was created than
having to drive around a block. He would agree to a trial period during the fall semester.
On roll vote for denial, Beasley "nay", Burroughs "nay", Cochran "aye", Kristoferson "nay", Young
"aye", and Mayor Miller "nay". Motion failed with a 2-4 vote.
Beasley motioned, Kristoferson seconded to adopt the ordinance with the stipulation that it would be
reviewed after the fall semester. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay",
Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 4-2 vote.
24. The Council considered adoption of an ordinance partially vacating certain public utility and
drainage easements recorded in the Real Property Records of Denton County, Texas, at Volume
1686, Pages 0852 and 0858; and providing for an effective date. (Southridge Estates, Phase III)
Rick Svehla, Deputy City Manager, stated that as this area was developed and platted, a new
easement for utility/drainage access was done. This would abandon the old easement that was no
longer needed.
The following ordinance was considered:
NO. 98-228
AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AT VOLUME 1686, PAGES 0852 AND 0858; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
City of Denton City Council Minutes
August 4, 1998
Page 14
Item #30 was considered.
30. The Council received a report, held a discussion, and gave staff direction regarding the
Initiative Petition "Standard Hours Area".
Herb Prouty, City Attorney, stated that staff had checked on a brief submitted from Ben E. Keith
regarding the City right to change the standard and late hours ordinance. In discussions with the
Attorney General's office and the General Counsel of the Texas Municipal League, his opinion had
not changed that the Council could take action in accordance with the petition. This was informal
information from the Attorney General's office. His recommendation was to hold a public hearing
and read the ordinance in accordance with the City Charter. The Council could then make a decision
as to approve the proposal or hold an election. The public hearing could be held on August 18th and
shortly thereafter Council would have to make a decision to enact the proposal or hold an election.
Consensus of the Council was to hold a public hearing on August 18th and consider action on
September 1 st.
Council returned to Item #25.
25. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a second amendment to the professional services agreement for consulting
services relating to Denton Municipal Electric with R. 1. Covington Consulting for professional
services pertaining to electric restructuring and assistance and support of city staff respecting Public
Utility Commission of Texas Project No. 18703; authorizing the expenditure of funds therefor; and
providing an effective date. (The Public Utilities Board recommended approval 3-0.)
Sharon Mays, Director of Electric Utilities, stated that this was a response to the PUC proceeding
Project No. 18703 that dealt with transmission rates and electric restructuring.
The following ordinance was considered:
NO. 98-229
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO DENTON
MUNICIP AL ELECTRIC WITH R. 1. COVINGTON CONSUL TING FOR
PROFESSIONAL SERVICES PERTAINING TO ELECTRIC RESTRUCTURING AND
ASSISTANCE AND SUPPORT OF CITY STAFF RESPECTING PUBLIC UTILITY
COMMISSION OF TEXAS PROJECT NO. 18703; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
City of Denton City Council Minutes
August 4, 1998
Page 15
26. The Council considered adoption of an ordinance authorizing the City Manager to execute an
amendment to the professional services agreement with Reed Consulting Group for consulting
services related to electric restructuring by adding a task order and authorizing payment of additional
compensation; and providing for an effective date. (The Public Utilities Board recommended
approval 3 -0.)
Sharon Mays, Director of Electric Utilities, stated that this was the firm that helped the City with its
electric restructuring. The retainer would be to assist with options that the four cities were examining
in regards to the TMP A debt.
The following ordinance was considered:
NO. 98-230
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REED
CONSULTING GROUP FOR CONSULTING SERVICES RELATED TO ELECTRIC
RESTRUCTURING BY ADDING A TASK ORDER AND AUTHORIZING PAYMENT
OF ADDITIONAL COMPENSATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
27. The Council considered adoption of an ordinance authorizing the City Manager to execute a
water main prorata reimbursement agreement between the City of Denton and Dieter Schwarz by NR
& RJ Properties L.P., his attorney in fact, to reimburse owner for the costs of building water main
through prorata charges paid to the city; and providing an effective date. (Lakeview Ranch)
Jill Jordan, Director ofW ater/W astewater, stated that the Lakeview subdivison currently did not have
water anywhere close to it. In order to serve water it would have to be brought from the Clayton
Estates Mobile Home Park.
The following ordinance was considered:
NO. 98-231
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND DIETER SCHWARZ BYNR& RJPROPERTIES L.P., HIS ATTORNEY
IN FACT, TO REIMBURSE OWNER FOR THE COSTS OF BUILDING WATER MAIN
THROUGH PRORATA CHARGES PAID TO THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
City of Denton City Council Minutes
August 4, 1998
Page 16
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
28. The Council considered adoption of an ordinance authorizing the Mayor to execute a water
main cost participation agreement between the City of Denton and Dieter Schwarz by NR & RJ
Properties L.P., his attorney in fact, for the City's participation in the over sizing of a water main and
in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds
therefor; and providing an effective date. (Lakeview Ranch)
The following ordinance was considered:
NO. 98-232
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN
COST P ARTICIP ATION AGREEMENT BETWEEN THE CITY OF DENTON AND
DIETER SCHWARZ BY NR & RJ PROPERTIES L.P., HIS ATTORNEY IN FACT, FOR
THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
29. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute an agreement between the City of Denton and the Upper Trinity Regional
Water District and the City of Lewisville concerning the pass-through of water from Cooper
(Chapman) Lake in accordance with the terms and conditions of said agreement; providing
consideration for the pass-through of said water and for the interim and long term sale of Denton's
share of the Cooper Lake water under certain circumstances; and providing for the coordination of
daily usage, water accounting and an operating protocol and other procedures set forth in the body of
said agreement; and providing for an effective date.
The following ordinance was considered:
NO. 98-233
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE UPPER TRINITY REGIONAL WATER DISTRICT AND THE CITY OF
LEWISVILLE CONCERNING THE P ASS- THROUGH OF WATER FROM COOPER
(CHAPMAN) LAKE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
SAID AGREEMENT; PROVIDING CONSIDERATION FOR THE P ASS- THROUGH OF
SAID WATER AND FOR THE INTERIM AND LONG TERM SALE OF DENTON'S
SHARE OF THE COOPER LAKE WATER UNDER CERTAIN CIRCUMSTANCES;
AND PROVIDING FOR THE COORDINATION OF DAILY USAGE, WATER
City of Denton City Council Minutes
August 4, 1998
Page 17
ACCOUNTING AND AN OPERATING PROTOCOL AND OTHER PROCEDURES SET
FORTH IN THE BODY OF SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
31. The Council considered adoption of an ordinance authorizing the City Manager to make an
application with and then to execute a public transportation agreement and subsequent amendments
with the Texas Department of Transportation for funding public transportation; and providing an
effective date.
Rick Svehla, Deputy City Manager, stated that this ordinance would allow the City Manager to sign
the application for a public transportation agreement and the authorization to sign subsequent
amendments as needed.
The following ordinance was considered:
NO. 98-234
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN
APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION
AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC
TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
32. The Council considered adoption of an ordinance authorizing the City Manager to file an
application with and to execute a grant and subsequent amendments with the US. Department of
Transportation Federal Transit Administration for Project No. TX-90-X446, a grant for funding
public transportation as authorized by 49 US.C. §5307; and providing an effective date.
The following ordinance was considered:
NO. 98-235
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION
WITH AND TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH
THE US. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT
ADMINISTRATION FOR PROJECT NO. TX-90-X446, A GRANT FOR FUNDING
PUBLIC TRANSPORTATION AS AUTHORIZED BY 49 US.C. §5307; AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 4, 1998
Page 18
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
3 3. The Council considered approval of a resolution appointing Michael J ez as City Manager for
the City of Denton; authorizing the Mayor to execute an agreement for his terms of employment; and
declaring an effective date.
The following resolution was considered:
NO. R98-038
A RESOLUTION APPOINTING MICHAEL JEZ AS CITY MANAGER FOR THE CITY
OF DENTON; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE.
Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
34.
The Council considered nominations and appointments to the City's Boards and Commissions.
Mayor Miller asked for a motion to suspend the rules to nominate and vote on those nominations at
the same meeting.
Burroughs motioned, Beasley seconded to suspend the rules. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Nominations were made and voted on as noted in the handout presented in the agenda back-up
materials.
35.
Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for the Council.
36.
New Business
The following items of New Business were suggested by Council Members for future agendas:
A
Mayor Pro Tern Beasley asked if Council wished to continue with its Adopt-A-Spot.
B.
Mayor Pro Tern Beasley asked for a suggested calendar for a May Charter election.
C. Council Member Young requested an update on the Dentex Air Conditioning situation
with Code Enforcement
City of Denton City Council Minutes
August 4, 1998
Page 19
37. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
The following official action was taken on Closed Meeting items held under Section 551-071-
551.085 of the Texas Open Meetings Act.
A Burroughs motioned, Young seconded to amend Ordinance 98-182 to provide for
reimbursement to the City of Denton for costs of condemnation ofLakview Boulevard right-of-way.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 1 :00 a.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS