Minutes April 18, 2000CITY OF DENTON CITY COUNCIL MINUTES
April 18, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, April 18, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV’T. CODE Section 551.086.**
1. The Council received information from Staff pertaining to issues related to
the Spencer Generation Plant, and discussed, deliberated, considered, and
provided Staff with direction respecting such issues. Considered approval
of an ordinance providing for, authorizing, and approving an Agreement
by and between the City of Denton and Applied Utility Systems, Inc.
pertaining to the purchase of combustion technology equipment and
related specialized professional engineering services respecting Denton
Municipal Electric; which equipment is available from only one source in
accordance with the provisions of state law exempting such purchase from
the requirements of competitive bids; and which professional services are
exempt from the competitive bidding provisions of state law; authorizing
the expenditure of funds therefor; and providing an effective date.
The Council convened into a regular meeting on Tuesday, April 18, 2000 at 6:00 p.m. in the
Council Chambers.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, and Young.
ABSENT: Council Member Kristoferson
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. The Council considered approval of the minutes of March 2, March 7, March 21, and
March 28, 2000.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
April 18, 2000
Page 2
PROCLAMATIONS/PRESENTATIONS
3. Mayor Miller presented a proclamation for National Community Development Week
CITIZEN REPORTS
4. The Council received a report from Ed Soph regarding MTBE in Lake Lewisville.
Mr. Soph presented the Council with various facts regarding MTBE’s and the amounts that
should be allowed in the City’s water system.
Council Member Kristoferson joined the meeting
NOISE EXCEPTIONS
5. The Council considered a request for an exception to the noise ordinance for Denton
Cinco de Mayo at the North Texas Fairgrounds on Sunday, May 7, 2000 from noon to 9:30 p.m.
Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
6. The Council considered a request for an exception to the noise ordinance for the Denton
Unit of the American Cancer Society for the annual Relay for Life to be held Saturday, May 20,
2000, at Fouts Field from 12:00 noon to 1:00 a.m.
Kristoferson motioned, Young seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
CONSENT AGENDA
Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
7. Approved a tax refund to Transamerica Tax Service for TMI, Inc. The 1999 tax was paid
twice, resulting in an overpayment.
8. Approved a tax refund to Karl A. Sweetman. The 1999 tax was paid twice, resulting in
an overpayment.
9. Approved a tax refund to Robin G. Wilson. The 1999 tax was paid twice, resulting in an
overpayment.
10. Approved a tax refund to Flagg Marine. The 1999 tax was overpaid, resulting in an
overpayment.
City of Denton City Council Minutes
April 18, 2000
Page 3
11. NO. 2000-140
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF OWSLEY PARK REPAVING
AND SIDEWALKS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2472 – OWSLEY
PARK REPAVING & SIDEWALKS PROJECT AWARDED TO JAGOE PUBLIC
COMPANY IN THE AMOUNT OF $265,777.30)
12. NO. 2000-141
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE PAINTING OF FUEL OIL TANKS, GENERATOR
HOUSING, AND TRANSFORMERS AT THE MUNICIPAL POWER PLANT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2480 – PAINTING FUEL OIL TANKS,
GENERATOR HOUSING, AND TRANSFORMERS AWARDED TO PATRICK
BROTHERS PAINTING CONTRACTORS IN THE AMOUNT OF $61,284)
13. NO. 2000-142
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE ACQUISITION OF LEASE PURCHASE FINANCING;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2489 – LEASE PURCHASE
FINANCING AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE
EFFECTIVE RATE OF 4.99%, APPROXIMATE FINANCING CHARGES $99,819)
14. NO. 2000-143
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN
EMERGENCY PURCHASE OF TESTING FOR INFESTATION OF FUNGI AT
CENTRAL FIRE STATION IN ACCORDANCE WITH PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 04125
TO THE PROVIDENT GROUP IN THE AMOUNT OF $7,250 PLUS CHANGE
ORDER 1 IN THE AMOUNT OF $19,400 FOR A TOTAL OF $26,650)
15. NO. 2000-144
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 THREE ¾-TON PICKUP TRUCKS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (FILE 2499 INTERLOCAL AGREEMENT – PURCHASE ORDER 04742 TO
City of Denton City Council Minutes
April 18, 2000
Page 4
H-GAC IN THE AMOUNT OF $75,855.28)
16. NO. 2000-145
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF REFUSE TRUCKS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2476 – REFUSE TRUCKS AWARDED AS LISTED IN THE AMOUNT
OF $751,371)
17. NO. 2000-146
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FIREFIGHTER BUNKER GEAR;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID 2485 – FIREFIGHTER BUNKER GEAR AWARDED
TO CASCO INDUSTRIES, INC., IN THE ESTIMATED AMOUNT OF $20,418.80)
18. NO. 2000-147
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF FIREFIGHTER STATION WEAR
UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID 2486 – FIREFIGHTER STATION WEAR
UNIFORMS AWARDED TO WILSON FIRE/NAFECO IN THE ESTIMATED
AMOUNT OF $39,020.50)
19. NO. 2000-148
AN ORDINANCE APPROVING AMENDMENT NO. 4 TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL
DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE
ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING
PLACES; AND PROVIDING FOR AN EFFECTIVE DATE.
20. NO. R2000-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
DETERMINING COMPETITIVE MATTERS RESPECTING CERTAIN PUBLIC
POWER UTILITIES, WHICH ARE SUBJECT TO PROTECTION UNDER THE
TEXAS OPEN MEETINGS ACT AND THE TEXAS PUBLIC INFORMATION ACT;
ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; AND
PROVIDING FOR AN EFFECTIVE DATE.
21. NO. 2000-149
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
City of Denton City Council Minutes
April 18, 2000
Page 5
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.
22. NO. 2000-150
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY 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.
23. Approved the Preliminary Design Report by Freese & Nichols for the Modifications to
Lake Ray Roberts Surface Water Treatment Plant.
PUBLIC HEARINGS
24. The Council held a public hearing to receive citizen comments regarding cable television
rates.
John Cabrales, Interim Public Information Officer, presented information to Council regarding
Charter’s request for an increase in rates. The City received the appropriate FCC forms from
Charter on March 7th.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Pat Morrow, Charter Communications, answered questions from the Council.
25. The Council held a public hearing inviting citizens to comment on the City of Denton’s
2000 - 2005 Consolidated Plan for Housing and Community Development and the 2000 Action
Plan.
Barbara Ross, Community Development Coordinator, introduced Wallace Duvall, Chairman of
the Human Services Advisory Committee, and Ann Hatch, Community Development Advisory
Committee. Mr. Duvall reviewed the funding figures for the Human Services Advisory
Committee. Ms. Hatch reviewed the Committee’s recommendations.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Denise Hale, 2009A Greenway, Denton, 76208 – requested reconsideration of funding for
the Special Olympics team.
City of Denton City Council Minutes
April 18, 2000
Page 6
The Mayor closed the public hearing.
26. The Council continued a public hearing and considered approving the Detailed Plan for
Planned Development (PD-93) encompassing approximately 10 acres. The property was
generally located on the southwest corner of Ryan Road and Teasley Lane. A 159 unit multi-
family residential development was proposed. The Planning and Zoning Commission
recommended approval (4-3) with conditions. (Z-99-096, Ryan/Teasley)
Doug Powell, Director of Planning and Development, stated that additional considerations from
the previous Council meeting were that an 8’ high masonry fence would be added to all parking
areas, buildings adjacent to the current single family home development would be one story, and
additional open space would be dedicated.
The Mayor opened the public hearing
The following individuals spoke during the public hearing:
Alison Archer, 2112 Spring Creek Parkway, Plano - favor
Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - opposition
Dave Neil, 1101 Buena Vista, Denton, 76205 – opposition
The following individuals submitted Comment Cards:
Elaine Noto, 3941 Overlake Drive, Denton, 76205 – opposition
Martin Noto, 3941 Overlake Drive, Denton, 76205 – opposition
The Mayor closed the public hearing.
Powell stated that staff felt there were other design considerations that could be used for this
property.
Kristoferson motioned, Durrance seconded to deny the Detailed Plan. On roll vote, Beasley
“aye”, Burroughs “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and
Mayor Miller “nay”. Motion carried with a 4-3 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
27. The Council considered approval of a resolution of the City of Denton, Texas,
authorizing the submissions of an application of the Criminal Justice Division of the Office of
Governor, State of Texas, requesting funding for the Denton Delinquency
Prevention/Intervention Program for Juveniles; providing for the return of any lost or misused
funds to the Criminal Justice Division, of the Office of the Governor, State of Texas; and
providing an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
April 18, 2000
Page 7
NO. R2000-016
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSIONS OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR
THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR
JUVENILES; PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED
FUNDS TO THE CRIMINAL JUSTICE DIVISION, OF THE OFFICE OF THE
GOVERNOR, STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
The Council considered item #34.
34. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to submit a grant application and all other necessary documents to
obtain a grant under the United States Department of Housing and Urban Development Lead-
Based Paint Hazard Control Grant Program; establishing objectives and projected use of funds
and a lead-paint hazard control program description with the appropriate certifications, as
authorized and required by the Housing and Community Development Act of 1974, as amended
and all other applicable laws; providing for an effective date.
The following ordinance was considered:
NO. 2000-151
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICATION AND ALL OTHER
NECESSARY DOCUMENTS TO OBTAIN A GRANT UNDER THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD-
BASED PAINT HAZARD CONTROL GRANT PROGRAM; ESTABLISHING
OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-PAINT HAZARD
CONTROL PROGRAM DESCRIPTION WITH THE APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND ALL OTHER
APPLICABLE LAWS; PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
28. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for 1013 Shady Oaks. The proposal was for
Office/Warehouse use. (RN-00-10)
City of Denton City Council Minutes
April 18, 2000
Page 8
Beasley motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
29. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for Victoria Square Phase II. The property was
located at 117 Prairie and 408 Wainwright. The proposal was for Office use. (RN-00-12)
Council Member Durrance abstained from consideration of this item due to a possible conflict of
interest.
Young motioned, Burroughs 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.
Council Member Durrance returned to the meeting.
30. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-046, for McKamy Evers Estates, located on Locust Street,
south of Loop 288 and north of Evers Park. The proposal was for residential (SF-7) use. (RR-
00-09)
The following individuals spoke on the item:
Celia Reed, 1035 W. Oak, Denton, 76201 - favor
David Evers Tripp, 2900 N. Elm, Denton 76201 - favor
Cochran motioned, Young seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
31. This item was pulled from consideration.
32. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-046, for Summit Oaks Addition, Phase II. The 38.07-acre
property was located approximately 122 feet north of Ryan Road on FM 2181, east of FM 2181.
A single-family Planned Development (PD) was proposed.
The following individuals spoke on the issue:
Ottis Lee, 1192 Boling Ranch Road, Azle, 76020 - favor
Jim Haddock, 6300 Radglea Place, Suite 210, Fort Worth, 76116 - favor
Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - favor
Dave Neal, 1101 Buena Vista, Denton, 76205 - opposition
Robert Kissam, 2221 Loon Lake Road, Denton, 76205 - opposition
City of Denton City Council Minutes
April 18, 2000
Page 9
Beasley motioned, Young seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
33. The Council reconsidered denial of a request for relief from the Residential Interim
Regulations, Ordinance 2000-069, for Robinson Oaks subdivision. The 36.1-acre property was
located north of Robinson Road west of the future FM 2499 Right-of-Way. A single-family
Planned Development (PD) was proposed. (RR-00-06, Robinson Oaks) (Council Member
Burroughs requested reconsideration of this item.)
Burroughs motioned, Young seconded to reconsider the denial of the proposal. On roll vote,
Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young
“aye”, and Mayor Miller “aye”. Motion failed with a 3-4 vote.
35. The Council considered nominations and appointments to the City’s Boards and
Commissions.
There were no nominations/appointments made at this meeting.
36. 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 Planning Department’s
mistakes not listing cases in a timely manner. He requested that the City Manager investigate
whether any Council Members were interfering in the Planning Department and requested a plan
to help prevent the situation from happening again.
37. Items from the City Manager
City Manager Jez did not have any items for Council.
38. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
39. The following official action was taken on Closed Meeting items considered under
Sections 551.071-551.086 of the Texas Open Meetings Act.
The following ordinance was considered:
NO. 2000-152
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING AN AGREEMENT BY AND BETWEEN THE
CITY OF DENTON AND APPLIED UTILITY SYSTEMS, INC. PERTAINING TO
THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND
RELATED SPECIALIZED PROFESSIONAL ENGINEERING SERVICES
RESPECTING DENTON MUNICIPAL ELECTRIC; WHICH EQUIPMENT IS
City of Denton City Council Minutes
April 18, 2000
Page 10
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE
REQUIREMENTS OF COMPETITIVE BIDS; AND WHICH PROFESSIONAL
SERVICES ARE EXEMPT FROM THE COMPETITIVE BIDDING PROVISIONS OF
STATE LAW; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Young seconded to approve the contract contingent on the TNRCC
adopting rules substantially in the form presently proposed by the TNRCC staff, and on the PUC
making a commitment to begin a formal rulemaking process by a date certain that provided cost
recovery of fixed and variable operating costs of the Spencer Plant above the market clearing
prices of energy and the investment in the NOx emission monitoring and controls equipment.
Staff was directed to draft a letter for the Mayor’s signature to the Chairman of the PUC with
copies to Senator Sibley and Representative Wolens. The letter would express Denton’s concern
that the ERCOT stakeholders process would not appropriately address Denton’s cost recovery
issues and requested a date certain by which the PUC would begin a formal rulemaking process
to address the issues in the motion. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
With no further business, the meeting was adjourned at 9:30 p.m.
___________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS