Minutes October 06, 1998CITY OF DENTON CITY COUNCIL MINUTES
October 6, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, October 6, 1998 at 5:45 p.m. in the Council Work
Session Room at City Hall.
PRESENT:
ABSENT:
1.
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and
Young.
Council Member Durrance and Kristoferson
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 during a staff conference or briefing,
but did not deliberate during the conference.
Deliberations regarding Real Property -Under TEX. GOV'T. CODE Sec. 551.072
The Council considered and discussed acquiring right-of-way for Scott Street
sidewalks between Kerley Street and Morris Street in southeast Denton
including the possibility of condemnation.
Council Member Durrance arrived during the Closed Session.
The Council convened into a Regular Meeting on Tuesday, October 6,
Council Chambers of City Hall.
PRESENT:
1998 at 7:00 p.m. in the
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance,
and Young.
AB SENT: 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.
2. The Council considered approval of the minutes of June 9, June 16, July 15, July 21, and July
28, 1998.
Durrance motioned, Beasley seconded to approve the minutes.
Council Member Burroughs noted a typographical error in the minutes of July 21, page 16, Item 30.
The figure should be 300 pounds and not 30 pounds.
On roll vote of the minutes as corrected, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
City of Denton City Council Minutes
October 6, 1998
Page 2
PRESENTATIONS/AWARDS
3. Proclamations
Mayor Miller presented the following proclamations:
National Business Women's Week
Domestic Violence Awareness Month
Fire Prevention Week
Public Power Week
Keep Denton Beautiful Adopt-A-Spot Month
4. October Yard-of-the Month Awards
Mayor Miller presented the following October Yard-of-the Month awards:
Tim, Kathi and Jackyln Randolph
Roberta G. Arnold
Avonlea Homes and Middour Landscapes
Paces Crossing Apartments
The Denton Opera House-Downtown Business Award
5. United Way Presentation
Deana Ortiez stated that the City had participated in the Pace Setter United Way program this year
and won the Pinnicle award. Employees who participated in the campaign for each department were
presented awards for their participation.
CITIZEN REPORTS
6. The Council received a report from Nell Yeldell regarding the inability to receive tax records.
Ms. Yeldell questioned the method of appraisal for her home and the homestead designation on
property. She felt it should apply to her property.
Mayor Miller asked City Manager' s office to contact Ms Yeldell. Property appraisal and homestead
designations were done by Denton County and not by the City.
7. The Council received a report from Dessie Goodson regarding the City of Denton Police
Department.
Ms. Goodson stated that on September 11th she went to the Court Reporters Office to get a copy of
her transcript of her trial. No one was there so she waited for someone to arrive. A Police officer
came to the office and told her to leave as she was in criminal trespass. She had to go to jail and her
shirt was torn in the jail by an officer. She could not get her medicine for her seizure. She also
City of Denton City Council Minutes
October 6, 1998
Page 3
accused the officers of pulling on her left arm and hurting her. She demanded an investigation on her
arrest.
NOISE EXCEPTIONS
8. The Council considered a request for an exception to the noise ordinance for Cooper Creek
United Methodist Youth Ministry "Kids for Christ Youth Rally" to be held on Saturday, October 17,
1998 from 3:00 p.m. until 2:00 a.m.
Beasley motioned, Burroughs seconded to approve the exception. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
9. The Council considered a request for an exception to the noise ordinance for the Denton Main
Street Association second annual Pops in the Park Concert to be held Sunday, October 25, 1998, in
Civic Center Park from 3 p.m. to 6:30 p.m.
Cochran motioned, Beasley seconded to approve the exception. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
CONSENT AGENDA
Young motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
10.
Tax refund to J. C. Penney's #1046-2 for $2,518.81 due to a tax liability reduction on 1996
Supplement from the Denton Central Appraisal District on tax account #900848.
11.
Ordinances and interlocal ambulance agreements between the City of Denton and the
following cities for ambulance services:
A. Ordinance No.
B. Ordinance No.
C. Ordinance No.
D. Ordinance No.
E. Ordinance No.
F. Ordinance No.
G. Ordinance No.
H. Ordinance No.
98-303 - City of Argyle
98-304 - City of Corinth
98-305 - City of Hickory Creek
98-306 - City of Krum
98-307 - City of Lake Dallas
98-308 - City of Ponder
98-309 - City of Sanger
98-310 - City of Shady Shores
12.
NO. R98-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE ASSIGNMENT BY ALAN RICHEY, INC. OF A COMMERCIAL
OPERATOR AIRPORT LEASE EXECUTED MAY 15, 1998 TO ROBBY RICHEY; AND
City of Demon City Council Minutes
October 6, 1998
Page 4
PROVIDING FOR AN EFFECTIVE DATE.
13.
14.
15.
16.
17.
NO. 98-311
AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO AIRPORT LEASE
AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE
CITY OF DENTON AND TEXAS AIR CENTER, INC. (FORMERLY AIR DENTON,
INC.); AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 98-312
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDERS #1, #2
AND #3 TO THE CONTRACT FOR RENOVATION OF DENTON CITY HALL AND
MUNICIPAL COMPLEX (CITY HALL EAST) - PROJECT II BETWEEN THE CITY OF
DENTON AND DBR CONSTRUCTION CO.; PROVIDING FOR A CHANGE IN THE
CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2184 -
GENERAL CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL
CENTER AND CITY HALL - PROJECT II, PO #85176 TO DBR CONSTRUCTION
COMPANY IN THE NET AMOUNT OF $36,804.00 DEDUCT.)
NO. 98-313
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO AN
EMERGENCY PURCHASE ORDER FOR REPAIR TO LAKE PUMP #4 BETWEEN THE
CITY OF DENTON AND LAYNE, TEXAS; PROVIDING FOR AN INCREASE IN
AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #86363
TO LAYNE, TEXAS CHANGE ORDER #1 IN THE AMOUNT OF $24,336.00)
NO. 98-314
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
PURCHASE ORDER FOR REPAIR TO SOLID WASTE DUMPSTER CONTAINERS
BETWEEN THE CITY OF DENTON AND DUMPSTER DOCTOR; PROVIDING FOR
AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE
DATE. (PO #86582 TO DUMPSTER DOCTOR IN THE AMOUNT OF $15,512.00)
NO. 98-315
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR SANITARY SEWER
SERVICE CLEANING AND TELEVISING; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2270 -
SANITARY SEWER SERVICE CLEANING AND TELEVISING AWARDED TO NEZAT
AND ASSOCIATES IN THE NOT TO EXCEED AMOUNT OF $75,000.00 PER YEAR)
City of Demon City Council Minutes
October 6, 1998
Page 5
18.
NO. 98-316
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR SOLID WASTE ANALYTICAL TESTING; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
(BID #2271 - ANNUAL SOLID WASTE ANALYTICAL TESTING AWARDED TO
CERTES ENVIRONMENTAL LABORATORIES IN THE ESTIMATED ANNUAL
AMOUNT OF $25,000.00)
19.
NO. 98-317
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASE OF ANNUAL HARDWARE MAINTENANCE FOR SPECIFIC POLICE
AND FIRE RELATED MIS COMPUTER SYSTEMS WHICH IS AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO #87886 - INTEGRATED
COMPUTER SYSTEMS INC. (ICS) IN THE AMOUNT OF $30,850.00)
20.
NO. 98-318
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO
SMARTNET SOFTWARE AND ACCESSORIES AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION, QUALIFIED iNFORMATION
SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #87889
TO NTCS, INC. IN THE AMOUNT OF $24,510.00)
21
NO. 98-319
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE
FURNITURE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO #88137 TO
WRIGHT LiNE IN THE AMOUNT OF $12,388.80 AND PO #88138 TO WRIGHT LiNE
IN THE AMOUNT OF $6,514.49 - TOTAL AWARD $18,903.29)
22.
NO. 98-320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOMEBUTER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING
PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVE DATE.
23. NO. 98-321
City of Denton City Council Minutes
October 6, 1998
Page 6
AN ORDINANCE APPROVING GUIDELINES FOR OPERATION OF THE CITY OF
DENTON HOMEOWNER REHABILITATION PROGRAM FOR THE PURPOSE OF
REAUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA.
24.
NO. 98-322
AN ORDINANCE APPROVING GUIDELINES FOR OPERATION OF THE CITY OF
DENTON OPTIONAL RECONSTRUCTION PROGRAM FOR THE PURPOSE OF
REAUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA.
25.
No. 98-323
AN ORDINANCE FOR OPERATION OF THE CITY OF DENTON RENTAL
REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA, REAUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA.
VARIANCES
26. The Council considered approval of exaction variances from Section 34-114(5) and (17)
concerning perimeter paving and sidewalks, respectively, of the Subdivision and Land Development
Regulations for an 18.006-acre property. The property was located on the southeast corner of
Hobson Lane and FM 1830 (Country Club Road). The proposal was to subdivide the property into
three large residential lots, ranging from 2.8 to 10 acres, and one 2.2-acre lot for office development.
(The Planning and Zoning Commission recommended approval.) (Davis Oaks)
Mark Donaldson, Assistant Planning Director, stated that this request applied to a recent zoning case
and was a request for a variance for sidewalks and perimeter street paving. Current city requirements
would require sidewalks along both roads and perimeter paving along Hobson Lane. The Planning
and Zoning Commission recommended a partial variance requiring the sidewalks along and adjacent
to the office uses with no perimeter paving required. Staff was recommending sidewalks along the
office zoning and perimeter pavement in the form of patching and an overlay in an amount not to
exceed $23,300 on Hobson Lane.
Durrance motioned for denial of the variances. Motion died for lack of a second.
Young motioned, Beasley seconded to approve the variances as recommended by the Planning and
Zoning Commission.
Council Member Cochran stated that he was concerned about the cost left to the taxpayers for future
improvements if this were granted. He preferred the staff recommendation.
Mayor Pro Tem Beasley stated that she would like to have sidewalks along the office zoning and felt
that Hobson Road appeared to be in good shape and the paving was not necessary.
City of Denton City Council Minutes
October 6, 1998
Page 7
Council Member Durrance felt that it was important to not grant the variances as it later would be
costly to install the sidewalks for the foot traffic.
On roll vote to grant the variances, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay",
Young "aye", and Mayor Miller "aye". Motion carried with a 4-2 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
27. The Council considered a request to amend a portion of the approved concept plan for a
planned development zone district (PD-120). A public hearing for this request was opened and
closed by City Council on September 1, 1998. (The Planning and Zoning Commission recommended
approval 7-0.) (Z-98-027, North Pointe)
Mayor Miller stated that this was a postponement of a previous public hearing. There was a motion
with an amendment before Council.
Mark Donaldson, Assistant Planning Director, stated that at the Council's September 1st meeting, a
public hearing was held regarding this request to amend the concept plan for PD-120. The motion
was to approve the staff's recommendations that were presented. That represented a significant
reduction in intensity on the land to be in compliance with the 1988 Development Plan. The biggest
different was 12 units per acres as recommended by staff versus the 18 units per acre as
recommended by the Planning and Zoning Commission. The difference represented approximately a
200-unit difference.
Council Member Cochran questioned whether the amount of traffic generated by the site would be
handled by the improvements indicated regarding the road.
Donaldson stated that the concept plan indicated three phases of the overall development of the
property. The applicant agreed to keep those improvements in place and many were already
completed or would soon be completed by the City or TxDot, particularly on Highway 77. The
property was surrounded by arterial roads on all sides. With the improvement of the road as
development warranted, it would handle the proposed development.
Council Member Cochran wanted to make sure that that would be part of what would be voted on.
He asked if that were included in the proposed ordinance.
Donaldson stated that the staff recommendation included a specific list of transportation
improvements provided. The Planning and Zoning Commission had also adopted that condition.
Otis Lee stated that the owners of the property had reviewed the motion and the amendments made at
the last Council meeting. The existing planned development had a significantly higher intensity than
what was requested. Staff made a recommendation to reduce those recommended floor to area
ratios. There was a compromise proposed at the Planning and Zoning Commission that was lower
than they requested but higher than the staff recommendation. After discussion, they requested that
Council consider approving the compromise floor to area ratios and the number of units. The
compromise was a better situation than the existing planned development. There was a significant list
City of Denton City Council Minutes
October 6, 1998
Page 8
of restrictions on the office development. They would agree to the condition that the offices would
be 100% masonry and requested that the other items held until such time as more detailed
development plans were done. If Council did not approve the compromise request, they requested
that the item be withdrawn from the Council agenda.
Mayor Pro Tem Beasley asked about the progress of working with the DISD.
Lee stated that based on the requested zoning for the single family area, the number of units was
reduced, based on the area of 15 acres and 25 acres for a detention area with the recommendation of
470 units. There would be no definite agreement with the DISD until the zoning case was completed.
Mayor Pro Tem Beasley asked about the detention area.
Lee stated that they would have a requirement for a certain portion of the detention for the property
that would be worked in with the 25-acre pond. They would pay for that portion and dedicate such
and the remainder would be done with CIP funds.
Mayor Pro Tem Beasley stated that she had talked with the Planning Director regarding office
restrictions. He indicated that those should be dealt with in the detailed plan stage. She indicated that
she would be voting against the amendment. She did agree with the masonry proposal.
Council Member Durrance stated that the school discussions were not done to his satisfaction.
On roll vote for the amendment to the office zoning, Beasley "nay", Burroughs "nay", Cochran"aye",
Durrance "aye", Young "nay", and Mayor Miller "nay". Motion failed with a 2-4 vote.
Young motioned, Burroughs seconded to adopt the ordinance with the Planning and Zoning
Commission recommendations that included the 100% masonry construction. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "nay", Young "aye", and Mayor Miller "aye".
Motion carried with a 5-1 vote.
Council considered Item #29.
29. The Council considered adoption of an ordinance granting a license to Acme Brick Company
for the purpose of maintaining and operating a natural gas pipeline within the public right-of-way of
the City of Denton, Texas; providing for a license fee; providing for the regulation of the
construction, reconstruction, maintenance, and use thereof.
City Manager Jez stated that this ordinance would approve a license to Acme Brick for a 60' crossing
on Hobson Lane for a natural gas pipeline.
The following ordinance was considered:
(First Reading)
AN ORDINANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE
PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPEL1NE
City of Denton City Council Minutes
October 6, 1998
Page 9
WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS;
PROVIDING FOR A LICENSE FEE; PROVIDING FOR THE REGULATION OF THE
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF.
Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley"aye", Burroughs
"aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Council returned to the regular agenda order.
28. The Council considered adoption of an ordinance amending Ordinance No. 94-183, and
Section 2-29 of the Code of Ordinances and amending the Rules and Procedures of the City Council
of the City of Denton by establishing the time for regular City Council meetings and providing time
limits for Council Members speaking on various agenda items.
City Attorney Prouty stated that this ordinance was a result of the follow-up to the Council's planning
session. The first change would be a change in the time of the meetings from 7:00 p.m. to 6:00 p.m.
for the Council's regular meetings. The second change incorporated the time limits on Council
Members speaking on items. Council's first remarks would be limited to 4 minutes that would be
used as a guideline and not timed. The second time limit was a 2-minute rebuttal after each member
had spoken on the item. This was a mandatory two minute period and was timed.
Council Member Young stated that he was against the time limits as they limited debate and those
limitations would only serve those in the majority. Citizens speaking to the Council received five
minutes which was more time than the Council would have. The problem was not Council debating
the issues. He felt the Mayor should control the debate and that Council needed to respect the
Mayor.
Mayor Miller stated that this issue was discussed at the Council's planning session and Council
Member Young was not present for those discussions. Discussion at that meeting indicated that
when the Mayor attempted to control discussion, members would get angry. Council decided to have
uniform rules for everyone.
Council Member Young felt that the formal rules were not necessary and that the Council should
agree to informally follow the rules.
After discussion, Mayor Miller suggested Council approve the ordinance with just the 6:00 p.m. time
change and have a commitment to respect time to address an issue. The Council would honor the
Mayor's request to complete discussion. If a volunteer limit on discussion did not work, Council
would revisit the issue.
The following ordinance was considered:
NO. 98-325
AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AND SECTION 2-29 OF
THE CODE OF ORDINANCES AND AMENDING THE RULES AND
City of Denton City Council Minutes
October 6, 1998
Page 10
PROCEDURES OF THE CITY COUNCIL OF THE CITY OF DENTON BY
ESTABLISHING THE TIME FOR REGULAR CITY COUNCIL MEETINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Cochran seconded to adopt the ordinance eliminating the section dealing with time
restrictions for Council discussion. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
30. The Council considered approval of a resolution recommending that the Denton Main Street
Program be entered into the Great American Main Street Awards; and providing an effective date.
The following resolution was considered:
NO. R98-055
A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM
BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
31. The Council considered adoption of an ordinance authorizing the City Manager to execute a
real estate contract with Ruth G. Kellum Estate, Billy H. Kellum, Marcia L. Kellum, Michael W.
Kellum, Barbara Kellum Reese, and Margaret Mays for the purchase of approximately 1.380 acre
tract of land known as Parcel 6A, U.S. Highway 77, Denton, Denton County, Texas for the U.S.
Highway widening project; authorizing the expenditure of funds therefore; and providing an effective
date. (The Planning & Zoning Commission recommended approval 7-0.)
Rick Svehla,Deputy City Manager, stated that Items #31-37 were for right-of-way property needed
for the Highway 77 widening. The amounts of the contracts varied by size, potential zoning and
existing zoning.
Young motioned, Cochran seconded to adopt the ordinances for Items #31-37. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye".
Motion carried unanimously.
31. NO. 98-326
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM,
MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND
MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1.380 ACRE
TRACT OF LAND KNOWN AS PARCEL 6A, U.S. HIGHWAY 77, DENTON, DENTON
COUNTY, TEXAS FOR THE U. S. HIGHWAY WIDENING PROJECT; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
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October 6, 1998
Page 11
32.
33.
34.
35.
36.
NO. 98-327
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM,
MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND
MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 0.514 ACRE
TRACT OF LAND KNOWN AS PARCEL 6A(E), U.S. HIGHWAY 77, DENTON,
DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
NO. 98-328
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM,
MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND
MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1.185 ACRE
TRACT OF LAND KNOWN AS PARCEL 6B, U.S. HIGHWAY 77, DENTON, DENTON
COUNTY, TEXAS FOR THE U. S. HIGHWAY WIDENING PROJECT; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
NO. 98-329
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY
OF DENTON AND DEBRA JOHNSON (MORGAN), TRUSTEE OF THE HAZEL K.
KING LAND TRUST, RELATING TO THE PURCHASE OF 0.141 ACRES OF LAND
FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 7); AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
No. 98-330
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY
OF DENTON AND HILLWOOD INVESTMENT LAND, L.P., RELATING TO THE
PURCHASE OF 0.164 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY
77 (PARCEL 8A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
NO. 98-331
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY
OF DENTON AND HILLWOOD INVESTMENT LAND, L.P., RELATING TO THE
PURCHASE OF 0.149 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY
77 (PARCEL 8B); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
October 6, 1998
Page 12
37.
NO. 98-332
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY
OF DENTON AND CHARLES TERRY WILLHOITE, RELATING TO THE PURCHASE
OF 0.080 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL
30); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
38. The Council considered adoption of an ordinance authorizing the City Manager to execute a
professional services contract between the City of Denton and Kimley-Horn and Associates, Inc. for
engineering services concerning the building of 9,680 feet of 20-inch water line along Bernard and
James Street from Lindsey to Hobson Road; authorizing the expenditure of funds therefor; and
providing an effective date.
Jill Jordan, Director of Water/Wastewater, stated that this item would provide for the engineering
design of a major waterline that would serve the southern portion of the City.
The following ordinance was considered:
NO. 98-333
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND
KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES
CONCERNING THE BUILDING OF 9,680 FEET OF 20-INCH WATER LiNE ALONG
BERNARD AND JAMES STREET FROM LINDSEY TO HOBSON ROAD;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley"aye", Burroughs
"aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
39. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to enter into a Professional Services Agreement with Alan Plummer Associates, Inc. for
professional services regarding Denton's wastewater treatment and solid waste disposal long term
facility/land use planning evaluation and other professional engineering services regarding the Pecan
Creek WRP; authorizing the expenditure of funds; and providing for an effective date.
Jill Jordan, Director of Water/Wastewater, stated that the wasetewater treatment plant and the landfill
shared a site and both had plans for expansion. This ordinance would develop good planning for the
site. Also there were new air pollution rules the city needed to comply with by June of next year
dealing with hazardous chemicals. This study needed to be done immediately.
The following ordinance was considered:
NO. 98-334
City of Denton City Council Minutes
October 6, 1998
Page 13
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
ALAN PLUMMER ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
REGARDING DENTON'S WASTEWATER TREATMENT AND SOLID WASTE
DISPOSAL LONG TERM FACILITY/LAND USE PLANNING EVALUATION AND
OTHER PROFESSIONAL ENGINEERING SERVICES REGARDING THE PECAN
CREEK WRP; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
40. The Council considered adoption of an ordinance authorizing the City Manager to execute a
professional services agreement for Denton' s hazard reduction/elimination study and assistance with
risk management plan preparation for water and wastewater plants with Carollo Engineers, P.C.;
authorizing the expenditure of funds therefor; and providing an effective date.
The following ordinance was considered:
NO. 98-335
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFE S SIONAL SERVICES AGREEMENT FOR DENTON' S HAZARD
REDUCTION/ELIMINATION STUDY AND ASSISTANCE WITH RISK
MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS
WITH CAROLLO ENGINEERS, P.C.; 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", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
41. The Council considered approval of a resolution directing the City Manager to notify the
Upper Trinity Regional Water District of the City of Denton' s desire to not continue its participation
in the Lake Chapman (Cooper Reservoir) Water Supply Project; disapproving the District's
proceeding with the project; and providing an effective date.
The following resolution was considered:
NO. R98-056
A RESOLUTION DIRECTING THE CITY MANAGER TO NOTIFY THE UPPER
TRINITY REGIONAL WATER DISTRICT OF THE CITY OF DENTON' S DESIRE TO
NOT CONT1NUE ITS PARTICIPATION IN THE LAKE CHAPMAN (COOPER
RESERVOIR) WATER SUPPLY PROJECT; DISAPPROVING THE DISTRICT'S
City of Denton City Council Minutes
October 6, 1998
Page 14
PROCEEDING WITH THE PROJECT; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
42. The Council considered appointing a voting delegate and an alternate voting delegate to the
National League of Cities Annual Congress of Cities.
Cochran motioned, Young seconded to appoint Mayor Miller and Council Member Burroughs as
voting and alternate voting delegates. On roll vote, Beasley "aye", Burroughs "aye", Cochran"aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
43. Nominations and appointments to the City's Boards and Commissions.
There were no nominations/appointments made at this meeting.
44. Miscellaneous matters from the City Manager.
City Manager Jez indicated that staff would be providing Council with a proposed calendar for the
next year's Council meetings. Several options would be provided and asked for Council input on the
options.
45. New Business
The following items of New Business were suggested by Council Members for future agendas:
Mayor Pro Tem Beasley reminded Council of their adopt-a-spot clean-up on October
24th at 9:30 a.m.
Council Member Young asked when the work would begin on Bridgett and Gayle
Streets.
46. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
47. There was no official action taken 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 9:45 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
City of Demon City Council Minutes
October 6, 1998
Page 15
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS