Loading...
Minutes December 7, 1999CITY OF DENTON CITY COUNCIL MINUTES December 7, 1999 The Council held a Work Session on Tuesday, December 7, 1999 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council received a report and held a discussion with Leadership Denton. Council and members of Leadership Demon discussed various issues dealing with the City of Denton and Denton City government. Regular Meeting of the City Council on Tuesday, December 7, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. 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. 2. The Council considered approval of the minutes of October 26, 1999. Beasley motioned, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley "aye', Burroughs "aye', Cochran "aye', Durrance "aye', Kristoferson "aye', Young "aye', and Mayor Miller"ayg'. Motion carried unanimously. PRESENTATIONS/PROCLAMATIONS 3. December Yard of the Month Awards Mayor Miller presented the following December Yard of the Month Awards: Ed Repnicki Nancy Lowery Dentex Title Co. 4. Proclamations Mayor Miller presented the following proclamations: Arbor Day Police Appreciation Day Resolution of Appreciation for Bill Giese-not considered City of Denton City Council Minutes December 7, 1999 Page 2 5. Announce the start of the Visual Quality Survey for participation by all citizens. Stephen Cook, Comprehensive Urban Planner, presented the report for the Visual Quality Survey. CITIZEN REPORTS 6. The Council received a report from Mildred Hawk regarding historical iron bridges. Ms. Hawk urged the Council to use historical iron bridges throughout the City as much as possible in order to preserve the County's heritage. 7. The Council received a report from Bryan Buchanan regarding 103 Woodrow Lane property-installation of a fire hydrant subject to approval of final plat. Mr. Buchanan stated he was being forced to install a fire hydrant on his property that was in excess of what was normally required. The cost of installing the fire hydrant was in excess of $7,000. He asked for relief of the large cost. 8. The Council received a report from County Commissioner Jim Carter regarding general update of county issues. Commissioner Carter presented an update on several city/county issues. 9. The Council received a report from Ross Melton: 'You've Got Mail!' Mr. Melton was not present at the meeting. COMPREHENSIVE PLAN ITEMS 10. The Council continued a public hearing from November 16th, 1999 and considered adoption of an ordinance of the City of Denton, Texas adopting the comprehensive plan as an official policy document intended to guide future community growth and development decision- making as authorized by Chapter 219 of the Texas Local Government Code and the Charter of the City of Denton; providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; and providing an effective date. The Council held a continuation of a public hearing regarding the adoption of the comprehensive plan as an official policy document intended to guide future community growth and development decision-making. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Khosrow Sadeghian, P.O. Box 2451, Coppell, 75019 - opposition Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205-opposition Steve Knitt, 1003 Hopkins Drive, Denton, 76205 - opposition City of Denton City Council Minutes December 7, 1999 Page 3 Cherly Hassell, Stephen Drive, - opposition Curtis Ramsey, 2028 Burning Tree Lane, Denton, 76201-opposition/favor Nell Yeldell-non-related concern Raymond Redmon, 710 Prairie, Denton, 76205-opposition Robyn Mullendore, 1139 Oakhurst, Denton, 76205-favor Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - favor Mayor Miller stated that he had Speaker Cards from individuals who did not wish to address Council: Bob Mullendore, Jr., 1139 Oakhurst, Denton, 76205 - favor Ray Cox, 501 S. Carroll, Denton, 76201-opposition James Franks, 806 Cordell, Denton, 76201-opposition Ronald Slovacek, 3964 Fawn Drive, Denton, 76208 - favor Nancy Kniatt, 1003 Hopkins Drive, Denton 76205-opposition Guy Hammons, 1221 Tulane, Denton, 76201-opposition John Johnson, 1517 Linden, Denton, 76201 - opposition The Mayor closed the public hearing. The following ordinance was considered: NO. 99-439 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING COMPREHENSIVE PLAN AS AN OFFICIAL POLICY DOCUMENT INTENDED TO GUIDE FUTURE COMMUNITY GROWTH AND DEVELOPMENT DECISION- MAKING AS AUTHORIZED BY CHAPTER 219 OF THE TEXAS LOCAL GOVERNMENT CODE AND THE CHARTER OF THE CITY OF DENTON; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', Young"na:¢', and Mayor Miller"ayg'. Motion carried with a 6-1 vote. 11. The Council held a joint public hearing with the Planning and Zoning Commission pursuant to Texas Local Government Code {}211.007 (b) to hear citizen comments regarding an ordinance of the City of Denton, Texas, establishing interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified development applications pending adoption of a revised land development code; providing for administration of such standards; providing for exemptions; providing for severability; providing an effective date; and providing a savings clause. The Chair of the Planning and Zoning Commission opened the Planning and Zoning Commission portion of the meeting. City of Denton City Council Minutes December 7, 1999 Page 4 The Council and the Planning and Zoning Commission held a public hearing to consider an ordinance establishing interim standards for applying policies of the adopted comprehensive plan for requests for zoning amendments and certain specified development applications. The following individuals spoke during the public hearing: Don Allen, 3880 Hulen, Ft. Worth, 76107-concern over procedural requirements Bill Kuhlmann, 309 W. 7th Street, Suite 1200, Ft. Worth, 76102-concern over procedural requirements Robert Prendergast, 5225 Village Creek, Plano, 75023-concern over procedural requirements Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023-concern over procedural requirements Chip Empasado, Mesa Design Group - concern over procedural requirements Carolyn Phillips, 722 Lakey, Denton, 76201-neutral Ray Cox, 501 S. Carroll, Denton, 76201-opposition Willard Baker, 6447 Cliffbrook, Dallas-concern over procedural requirements Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201-opposition Kent Key, 3524 Belmont, Denton 76201-opposition Robyn Mullendore, 1139 Oakhurst, Denton, 76205-opposition Craig Erwin, Denton, 3513 Belmont, Denton, 76201 - opposition Willie Hudspeth, 623 Newton, Denton, 76205-concern over procedural requirements Ron Slovacek, 3964 Fawn Drive, Denton, 76208-opposition The Planning and Zoning Commission closed its portion of the public hearing. The Mayor closed the Council's portion of the public hearing. Mayor Miller proposed that the Council not deliberate on the item at this meeting. The Planning and Zoning Commission would consider the item at its next meeting. Council would consider the item at the next work session. It would be placed on the January 4th City Council meeting for consideration. The public hearing was closed and consideration would be under a regular agenda item. Council Member Young suggested that the Planning Department meeting with the developers and builders for input on the item. Young motioned, Burroughs seconded to postpone consideration on the item and continue consideration by the Planning and Zoning Commission and the Council. On roll vote, Beasley 'hy~', Burroughs"ay~', Cochran"na~', Durrance"ay~', Kristoferson"ay~', Young"ay~', and Mayor Miller 'hyg'. Motion carried with a 6-1 vote. Apple motioned, Williams seconded to postpone Planning and Zoning Commission consideration until December 15th. Motion carried with a 7-0 vote. Items a. and b. were not considered at this meeting. City of Denton City Council Minutes December 7, 1999 Page 5 Planning and Zoning Commission deliberations and recommendation regarding the ordinance to City Council; and City Council deliberations and consideration of adoption of the ordinance. Council considered the Consent Agenda. Burroughs motioned to suspend the rules and consider the Consent Agenda. On roll vote, Beasley "ayg', Burroughs "ayg', Cochran "ayg', Durrance "ayg', Kristoferson "ayg', Young "ayg', and Mayor Miller"ayg'. Motion carried unanimously. CONSENT AGENDA Kristoferson motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley"ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson 'hyg', Young"ayg', and Mayor Miller"ayg'. Motion carried unanimously. 13. Approved a tax refund to MBS Seed, Inc. in the amount of $601.67. The 1999 property taxes were paid twice. 14. Approved a tax refund to Norwest Mortgage for Jeffery L. Kruger in the amount of $553.26. The 1998 property taxes were paid twice. 15. Approved a tax refund to First American Controlled Disbursements for Northpoint Apt., LTD in the amount of $1,654.02. The 1998 property taxes were paid twice. 16. Approved a tax refund to Lereta Corp. for Jeffery W. Dixon in the amount of $560.66. The 1998 property taxes were paid twice. 17 NO. 99-441 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF BASEBALL FIELD LIGHTING FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2423- MACK PARK BASEBALL FIELD LIGHTING AWARDED TO GROVES ELECTRICAL SERVICE, INC. - $117,960) 18. NO. 99-442 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF REPAIRS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2430- REROOFING THE DENTON ELECTRIC PRODUCTION PLANT AWARDED TO CBS ROOFING SERVICES, INC. IN THE AMOUNT OF $45,500) 19. NO. 99-443 AN ORDINANCE FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM City of Demon City Council Minutes December 7, 1999 Page 6 REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AN EFFECTIVE DATE. (P.O. #01364-OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $67,355) 20. NO. 99-444 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY AND AWARDING A CONTRACT FOR THE RENTAL OF PAGER SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (INTERLOCAL AGREEMENT FILE #2437- PAGER SERVICE COLLIN COUNTY INTERLOCAL AGREEMENT AWARDED TO AIR TOUCH PAGING, ESTIMATED TOTAL ANNUAL EXPENDITURE $50,000) 21. NO. 99-445 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A STREET SWEEPER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #01742 TO H-GAC - $136,218.78) 22. NO. 99-446 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN ANSOHN TO PROVIDE MEDICAL CONTROL SERVICES FOR THE CITY OF DENTON FIRE DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2414 - PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES AWARDED TO BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN ANSOHN IN THE AMOUNT OF $62,750) 23. NO. 99-447 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SGS WITTER, INC. TO PROVIDE PROFESSIONAL SERVICES FOR CONSTRUCTION MANAGEMENT OF 69KV TRANSMISSION FACILITIES CONSTRUCTION AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2429-CONSTRUCTION MANAGEMENT SERVICES AWARDED TO SGS WITTER, INC. IN THE NOT TO EXCEED AMOUNT OF $73,200) 24. NO. 99-448 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY THE STATE OF City of Demon City Council Minutes December 7, 1999 Page 7 TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #00987 TO NTCS, INC. IN THE AMOUNT OF $49,350) 25. NO. 99-449 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #00989 IBM -$100,587) 26. NO. 99-450 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE UPGRADE OF SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF iNFORMATION SERVICES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #01744 TO SOFTWARE DEPARTMENT- DEPARTMENT OF iNFORMATION RESOURCES (DIR)-$154,000) 27. NO. 99-451 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2424-RENTAL OF HEAVY EQUIPMENT AWARDED TO TKO EQUIPMENT COMPANY FOR ITEMS 1-12 AND NATIONS RENT ITEM 13, AND HOWARD MCANEAR ITEM 14) 28. NO. 99-452 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TREE TRIMMING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2426-TREE TRIMMING - HORTON TREE SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $250,000) 29. NO. 99-453 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PADMOUNTED INTERRUPTER SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2431- SWITCHGEAR AND PUFFER INTERRUPTERS AWARDED TO TEMPLE, INC.-ESTIMATED ANNUAL EXPENDITURE-$110,000) City of Demon City Council Minutes December 7, 1999 Page 8 30. NO. 99-454 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 31 NO. 99-455 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INTERFAITH MINISTRIES OF DENTON, INC. TO ADMINISTER THE P-L-U-S ONE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. 32. NO. 99-456 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. 33. NO. 99-457 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON PARKS FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE. 34. NO. 99-458 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE. 35. NO. 99-459 AN ORDINANCE AUTHORIZING AN INCREASE TO THE RATE OF CONTRIBUTION TO THE CITY OF DENTON FIRE FIGHTERS RETIREMENT SYSTEM BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. 36. NO. 99-460 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONWIDE HOUSING SYSTEMS FOR REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes December 7, 1999 Page 9 37. NO. 99-461 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND PFS DEVELOPMENT, INC. 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 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 38. NO. 99-462 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR REIMBURSEMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 39. NO. 99-463 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR V. AND REBECCA G. KING 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 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 40. NO. 99-464 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 41. This item was pulled from consideration. Council returned to Item #12. 12. The Council considered adoption of an ordinance of the City of Denton, Texas, establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified development applications prior to adoption of a revised land development code; providing for exemptions; providing for severability; and providing an effective date. City of Denton City Council Minutes December 7, 1999 Page 10 Council considered an ordinance establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan. The following ordinance was considered: NO. 99-440 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance with all the amendments made to this point. Mayor Miller indicated that the following individuals had submitted Speaker cards: Robert Prendergast, 5225 Village Creek, Plano, 75023-opposition/favor Don Allen, 3880 Hulen, Fort Worth, 76107 - neutral Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023 - opposition Ron Slovacek, 3964 Fawn Drive, Denton, 76208 - favor Bill Kuhlmann, 309 W. 7th Street, Suite 1200, Fort Worth, 76102 - opposition Ray Cox, 501 S. Carroll, Denton, 76201 - opposition Brenda McDonald, 270 N. Denton Tap, Suite 100, Coppell, 75019-neutral Kent Key, 3524 Belmont, Denton, 76201-opposition Burroughs motioned, Miller seconded to amend the main motion that an application for approval of a detailed plan for residential use or a concept plan had been approved after May 1, 1997. On roll vote, Beasley"na:¢', Burroughs"aye', Cochran"na~', Durrance"na:¢', Kristoferson"na:¢', Young"na~', and Mayor Miller"ayg'. Motion failed with a 2-5 vote. On roll vote for the main motion, Beasley "ayg', Burroughs "ayg', Cochran "ayg', Durrance "ayg', Kristoferson"ayg', Young"na~', and Mayor Miller"na~'. Motion carried with a 5-2 vote. PUBLIC HEARINGS 42. The Council held a public hearing and considered an ordinance granting approval of a surface use of a portion of the Denton Branch Rail/Trail approximately 2000 feet south of Walton Road for the installation of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement and providing an effective date. Ed Hodney, Director of Parks and Recreation, reported on the plans to build a new rails to trails plan. Corinth needed a plan to cross the trail and Council needed to make a decision based on Chapter 26 for all findings to mitigate all action on the plan. City of Denton City Council Minutes December 7, 1999 Page 11 Mayor opened the public hearing. The following individuals spoke during the public hearing: Richard Huckaby, 924 Ridgecrest Circle, Denton, 76205 - favor Don Allen, Carter and Burgess - favor Mark Coomes, 728 N. Elm, Denton, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-465 AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET SOUTH OF WALTON ROAD FOR THE INSTALLATION OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING AN EFFECTIVE DATE. Burroughs moved, Young seconded to adopt the ordinance. Mayor Pro Tem Beasley suggested a signalized crossing for the area and offered it as a friendly amendment to the motion. Council Members Burroughs and Young agreed to include that in the motion. On roll vote, Beasley"ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', Young 'hyg', and Mayor Miller"ayg'. Motion carried unanimously. 43. The Council held a public hearing to receive input concerning an ordinance amending Chapter 26 of the Code of Ordinances of the City of Denton by adding thereto Section 26-233 'Water Conservation and Drought Contingency Plari' and Section 26-234 'Criminal and Civil Penaltieg', adopting a water conservation plan in accordance with the requirements of the law; adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing procedures for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil penalty not to exceed $1,000 per day per violations and various 20% surcharge penalties on excessive water use; providing a savings clause; providing a severability clause; and providing an effective date. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mark Cooms, 728 N. Elm, Denton, 76201 - favor City of Denton City Council Minutes December 7, 1999 Page 12 The Mayor closed the public hearing. 44. This item had been pulled from consideration as the petitioner had withdrawn zoning application. 45. The Council held a public hearing and considered a request for a specific use permit (SUP) for a manufactured home park on approximately 86.0 acres. The site was in an Agricultural (A) zoning district. It was located roughly six hundred feet north of Loop 288 on the west side of Stuart Road. The Planning and Zoning Commission recommended approval (5- 1) with conditions. (Z-99-082, Beaver Creek) The Mayor opened the public hearing. The following individuals spoke during the public hearing: Brenda McDonald, 270 N. Denton Tap Road, Coppell 75019 - favor Tom Plichta, 205 Coyote Court, Bartonville, 76226 - favor Mayor Miller indicated that Thomas McMurray, 2905 Howard Court, Denton, 76201 had submitted a Speaker Card. The Mayor closed the public hearing. Young motioned, Mayor seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission. On roll vote, Beasley "na~', Burroughs "na~', Cochran "na~', Durrance "na~', Kristoferson "na~', Young "aye', and Mayor Miller"aye'. Motion failed with a 2-5 vote. Mayor Miller left the meeting. ITEMS FOR INDIVIDUAL CONSIDERATION 46. The Council considered adoption of an ordinance to voluntarily annex approximately 24 acres of land located at the southwest corner of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-96, Silver Dome at Cooper Creek) Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley"ayg', Burroughs"aye', Cochran"ay~', Durrance"ay~', Kristoferson"ay~', and Young"na~'. Motion failed 5-1 as a supermajority vote was required. 47. The Council considered adoption of an ordinance amending Article IH of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, (Electrical Codg') by repealing the 1996 National Electrical Code with certain amendments and providing for the adoption of the 1999 National Electrical Code with certain deletions and amendments; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. City of Denton City Council Minutes December 7, 1999 Page 13 The following ordinance was considered: NO. 99-466 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, (ELECTRICAL CODE') BY REPEALING THE 1996 NATIONAL ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1999 NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried unanimously. 48. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton, Calvin Woolaver and Calvin Wayne Woolaver relating to the purchase of Lot 1 and the east 13 1/3 feet of Lot 2, Stroud Addition for Flood Mitigation Assistance Project Grant, Texas Water Development Board Contract No. 99-001-027: authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 99-467 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, CALVIN WOOLAVER AND CALVIN WAYNE WOOLAVER RELATING TO THE PURCHASE OF LOT 1 AND THE EAST 13 1/3 FEET OF LOT 2, STROUD ADDITION FOR FLOOD MITIGATION ASSISTANCE PROJECT GRANT, TEXAS WATER DEVELOPMENT BOARD CONTRACT NO. 99-001-027: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs"ayg', Cochran"na:¢', Durrance"ayg', Kristoferson"ayg', and Young"na:¢'. Motion carried with a 4-2 vote. 49. This item had been pulled from consideration. 50. The Council considered adoption of an ordinance authorizing the third amendment to the airport lease agreement for fixed base operation (FBO) activity between the City of Denton and Texas Air Center, Inc.; and providing for an effective date. The following ordinance was considered: NO. 99-468 City of Denton City Council Minutes December 7, 1999 Page 14 AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried unanimously. 51. The Council considered adoption of an ordinance of the City of Denton, Texas establishing rates for rental of aircraft hangar and tie-down space owned by the City upon the Denton Municipal Airport; authorizing the City Manager to enter into contracts for the rental of such property and declaring an effective date. The following ordinance was considered: NO. 99-469 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING RATES FOR RENTAL OF AIRCRAFT HANGAR AND TIE-DOWN SPACE OWNED BY THE CITY UPON THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH PROPERTY AND DECLARING AN EFFECTIVE DATE. Durance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs"ayg', Cochran"na33', Durrance"ayg', Kristoferson"ayg', and Young"ayg'. Motion carried with a 5-1 vote. 52. The Council considered approval of a resolution to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificate of Obligation bonds so that a project approved in the 1999-2000 Capital Improvement Program budget more fully described in the attachment to this resolution may be commenced; and providing an effective date. The following resolution was considered: NO. R99-065 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATE OF OBLIGATION BONDS SO THAT A PROJECT APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT PROGRAM BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "ayg', Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried unanimously. City of Denton City Council Minutes December 7, 1999 Page 15 53. The Council considered approval of a resolution authorizing the intervention in proceedings relating to TXU Lone Star Pipeline's request to increase the city gate rate; authorizing the employment of special counsel and rate consultants as needed; and providing an effective date. The following resolution was considered: NO. R99-066 A RESOLUTION AUTHORIZING THE INTERVENTION IN PROCEEDINGS RELATING TO TXU LONE STAR PIPEL1NE'S REQUEST TO INCREASE THE CITY GATE RATE; AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL AND RATE CONSULTANTS AS NEEDED; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to approve the resolution and joining the coalition with Boyle. On roll vote, Beasley"ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', and Young"na33'. Motion carried with a 5-1 vote. 54. The Council considered adoption of an ordinance authorizing the City Manager to enter into a first amendment to the professional services agreement with Diversified Utility Consultants, Inc. to perform an audit and a franchise review of TXU Electric and Gas; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 99-470 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. TO PERFORM AN AUDIT AND A FRANCHISE REVIEW OF TXU ELECTRIC AND GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs"ayg', Cochran"ayg', Durrance"ayg', Kristoferson"ayg', and Young"na33'. Motion carried with a 5-1 vote. 55. The Council considered adoption of an ordinance authorizing the City Attorney to institute litigation against WBB&B Holdings, Ltd., and other potential defendants, to abate a nuisance, enforce statutes, regulations and ordinances relating to floodplain management, and for extraordinary relief; ratifying prior actions; and declaring an effective date. City of Denton City Council Minutes December 7, 1999 Page 16 The following ordinance was considered: NO. 99-471 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LITIGATION AGAINST WBB&B HOLDINGS, LTD., AND OTHER POTENTIAL DEFENDANTS, TO ABATE A NUISANCE, ENFORCE STATUTES, REGULATIONS AND ORDINANCES RELATING TO FLOODPLAIN MANAGEMENT, AND FOR EXTRAORDINARY RELIEF; RATIFYING PRIOR ACTIONS; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried unanimously. 56. The Council considered adoption of an ordinance on third reading granting to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the City; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; and providing an effective date. The following ordinance was considered: NO. 99-472 AN ORDINANCE ON THIRD READING GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs "ayg', Cochran"ayg', Durrance "ayg', Kristoferson"ayg', and Young "ayg'. Motion carried unanimously. 57. The Council considered nominations/appointments to Boards and Commissions. City of Denton City Council Minutes December 7, 1999 Page 17 There were no nominations/appointments made at this meeting. 58. Miscellaneous Matters from the City Manager. City Manager Jez presented the Council with Y2K magnets containing emergency numbers that would be distributed to the public. 59. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked for a report regarding the funds for a Children's Park at Fred Moore Park and funds for the Phoenix Park. B. Council Member Young asked for a report on how many professional service contracts the City had with minority firms to include attorneys, architects, etc. and to include a copy of city affirmative action or good faith effort policy. He requested the information no later than the next Council Meeting. 60. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 61. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 3:00 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS