Minutes August 01, 2000CITY OF DENTON CITY COUNCIL MINUTES
August 1, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, August 1, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT:None
1.Closed Meeting:
A.Deliberations Regarding Real Property --- Under TEX. GOV’T. CODE Section
551.072. Deliberations Regarding Certain Public Power Utilities: Competitive
Matters --- Under TEX. GOV’T. CODE Section 551.086.**
1.Received information from Staff, discussed, deliberated, considered, and
provided Staff with direction respecting the valuation of, and the possible
sale, transfer, assignment, or other divestiture of real property pertaining
to the City of Denton’s electric utility system, including without
limitation: the Gibbons Creek generation facility located in Grimes
County, Texas; the Spencer generation facility located on Spencer Road in
Denton County, Texas; the two hydroelectric facilities located in Denton
County, Texas; and other components of the City’s electric generation
assets.
Regular Meeting of the City of Denton City Council on Tuesday, August 1, 2000 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT:Mayor Brock; 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.
PROCLAMATIONS/PRESENTATIONS
2.July Yard of the Month Awards
Mayor Brock presented the July Yard of the Month Awards to:
Etha Varner
Judith Harden
Clay Thomas
Elaine Fannin
Don Gray
City of Denton City Council Minutes
August 1, 2000
Page 2
Agnes and John Kokalis
Art Glass by Sigrid
CITIZEN REPORTS
3.The Council received a report from James Hineman regarding the pet ordinance.
Mr. Hineman requested that the City pass an ordinance limiting the number of animals allowed
in a household. An area resident was keeping an illegal animal shelter that was causing a
problem with noise, odor and the storage of mass amounts food for the animals on the property
resulting in rodent problems.
4.The Council received a report from Robert Hughes regarding the Pecan Creek expansion.
Mr. Hughes stated that the area neighbors had formed a neighborhood organization due to the
proposed Pecan Creek expansion. He felt that the expansion would destroy several historical
homes in the area and would impact foot and vehicular traffic of those living in the area. Many
old trees would have to be removed for the project. The drainage needed to be improved in the
area but not at the expense of the neighborhood. He also questioned the timing of the project and
the need to remove the historic homes so far in advance of the beginning of the project.
5.The Council received a report from William Reid regarding the Pecan Creek expansion.
Mr. Reid stated that he was in opposition to the proposed Pecan Creek expansion project. He felt
there were alternatives to the proposed expansion project and had presented alternatives to the
City. They had received no response from the City regarding those alternatives. The area
residents were also concerned about the financial impact on the value of their homes with empty
lots next to them used only for drainage purposes.
6.The Council received a report from Barbara Harris regarding the Pecan Creek Drainage
Project.
Ms. Harris stated that the neighborhood had improved over the years with the new residents
taking more pride in the appearance of their homes. She felt that the proposed expansion of the
Pecan Creek drainage project would have a negative impact on the neighborhood and the City in
general. She felt there were alternatives possible instead of the proposed expansion.
7.The Council received a report from Ray Harris regarding the Pecan Creek Drainage
Project.
Mr. Harris did not speak at the meeting.
8.The Council received a report from Rob Raynor regarding the Pecan Creek drainage
channel.
Mr. Raynor stated that he had a client with a business in the area and the proposed expansion
would take away the client’s drive-through for his business. He requested the City look at
alternatives to the proposed expansion.
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August 1, 2000
Page 3
9.The Council received a report from Richard Gore regarding proposed changes to Stroud
Street due to Pecan Creek Drainage Project.
Mr. Gore stated that he owned a business in the area that would be affected by the proposed
expansion. The closing of Stroud Street would adversely affect his business as delivery trucks
coming to his music business would have a difficult time navigating the one-way street system.
10.The Council received a report from Ross Melton regarding Melton vs. Denton – the
answer that is not.
Mr. Melton stated he was still having problems with Code Enforcement and was still receiving
incorrect notices. He was not receiving answers to his questions and felt that the City was at
fault for the dismissal of his lawsuits without proper justification.
NOISE EXCEPTION
11.The Council considered a request for an exception to the Noise Ordinance for the Third
Annual Denton Blues Festival at the North Texas Fairgrounds on September 16, 2000 hosted by
the Denton Black Chamber of Commerce from 10:00 p.m. until midnight.
Durrance motioned, Beasley seconded to approve the request for exception. On roll vote,
Beasley “aye”, Burroughs “aye”, Durrance “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
CONSENT AGENDA
Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and
Mayor Brock “aye”. Motion carried unanimously.
12.Approved a tax refund to David Cloutier. The 1999 tax was paid twice, resulting in an
overpayment.
13.Approved a tax refund to Nextel of Texas, Inc. The 1999 property tax account was
deleted from the tax roll, resulting in an overpayment.
14.Approved a tax refund to James Wood Auto Park. The 1999 tax was paid twice, resulting
in an overpayment.
15.Approved a tax refund to Ronald E. Jones. The 1999 taxable value was corrected per
Supplement #13 from Denton Central Appraisal District, resulting in an overpayment.
16. NO. 2000-240
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT FOR LEASE/PURCHASING FINANCING OF EQUIPMENT BETWEEN
THE CITY OF DENTON AND GOVERNMENT CAPITAL CORPORATION;
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August 1, 2000
Page 4
PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, AND AN
INCREASE IN THE EFFECTIVE RATE AND INCREASE IN THE TOTAL
FINANCING CHARGES AMOUNT; AND PROVIDING AN EFFECTIVE DATE.
(BID 2489 – LEASE/PURCHASING FINANCING AWARDED TO GOVERNMENT
CAPITAL CORPORATION AT THE EFFECTIVE RATE OF 4.99% AND
APPROXIMATE FINANCING CHARGES TOTAL $99,819 + CHANGE ORDER 1
AT THE EFFECTIVE RATE OF 5.975% AN INCREASE FINANCING CHARGE OF
$28,698.32 FOR A TOTAL OF $128,517.32)
17. NO. 2000-241
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE PURCHASE OF SOUTH LAKES PARK/JOE
SKILES PARK IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2536 –
SOUTH LAKES PARK/JOE SKILES PARK IMPROVEMENT PROJECT AWARDED
TO RELIABLE PAVING CO. IN THE AMOUNT OF $602,150)
18. NO. 2000-242
AN ORDINANCE ACCEPTING A RESPONSE TO A REQUEST FOR SEALED
PROPOSAL AND AWARDING A CONTRACT FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND TO PROVIDE AN EFFECTIVE DATE. (RFSP 2483 –
MASTERCARD/VISA MERCHANT AWARDED TO TEXAS BANK FOR AN
ANNUAL ESTIMATED EXPENDITURE OF $22,334.16)
19. NO. 2000-243
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A CRAWLER DOZER; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2519 – CRAWLER DOZER AWARDED TO DARR EQUIPMENT IN
THE AMOUNT OF $313,900)
20. NO. 2000-244
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 2500 KVA PADMOUNTED
TRANSFORMER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2533 – 2500 KVA
PADMOUNTED TRANSFORMER AWARDED TO FRED OBERLANDER AND
ASSOCIATES INC. IN THE AMOUNT OF $20,008)
21. NO. 2000-245
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND CAROLYN S. MCKINZIE, RELATING TO THE
PURCHASE OF APPROXIMATELY 0.267 ACRE OF LAND AND AN
APPROXIMATE 0.332 ACRE DRAINAGE EASEMENT, BOTH BEING LOCATED
City of Denton City Council Minutes
August 1, 2000
Page 5
IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 OF DENTON COUNTY,
TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
22.The Council considered adoption of an ordinance of the City of Denton, Texas, partially
abandoning a portion of Jim Christal Road being located between the west right-of-way line of
Interstate 35 and the east line of the G.C.& S.F. Railroad and being directly across Interstate 35
from Scripture Road and being an approximate .40 acre tract of land located in the B.B.B. &
C.R.R. Company Survey, Abstract Number 192, City of Denton, Denton County, Texas; and
declaring an effective date.
The following ordinance was considered:
NO. 2000-246
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY
ABANDONING A PORTION OF JIM CHRISTAL ROAD BEING LOCATED
BETWEEN THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 35 AND THE
EAST LINE OF THE G.C.& S.F. RAILROAD AND BEING DIRECTLY ACROSS
INTERSTATE 35 FROM SCRIPTURE ROAD AND BEING AN APPROXIMATE .40
ACRE TRACT OF LAND LOCATED IN THE B.B.B. & C.R.R. COMPANY SURVEY,
ABSTRACT NUMBER 192, CITY OF DENTON, DENTON COUNTY, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, and Mayor Brock “aye”. Motion carried unanimously.
23.The Council considered adoption of an ordinance superceding and repealing Ordinance
No. 99-252 to increase the size of McNair Elementary School Zone; designating and establishing
school safety speed zones; reducing the maximum prima facie speed limit for said school safety
speed zones to speeds found to be reasonable and safe by the Engineering and Transportation
Department investigations for the designated hours; providing for school bus loading zones at
certain schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00);
providing a severability clause; providing for publication; and declaring an effective date.
(Traffic Safety Commission recommended approval on March 6, 2000.)
The following ordinance was considered:
NO. 2000-247
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 99-252 TO
INCREASE THE SIZE OF MCNAIR ELEMENTARY SCHOOL ZONE;
DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES;
REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL
SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE
City of Denton City Council Minutes
August 1, 2000
Page 6
BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT
INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL
BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING
AN EFFECTIVE DATE
Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
24.The Council considered adoption of an ordinance approving a notice of restriction for a
14.897-acre mitigation area on South Lakes Park required by the United States Army Corps of
Engineers; authorizing its execution by the City Manager of his designee; and providing an
effective date.
The following ordinance was considered:
NO. 2000-248
AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A 14.897-ACRE
MITIGATION AREA ON SOUTH LAKES PARK REQUIRED BY THE UNITED
STATES ARMY CORPS OF ENGINEERS; AUTHORIZING ITS EXECUTION BY
THE CITY MANAGER OF HIS DESIGNEE; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
25.The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an agreement for professional legal and lobbying
services with the law offices of Jim Boyle for services pertaining to legal and legislative matters
relating to the City of Denton, Denton Municipal Electric for the interim period prior to the
th
opening of the 77 Texas Legislature; authorizing the expenditure of funds therefore; providing
for retroactive effect of the agreement; and providing an effective date.
The following ordinance was considered:
NO. 2000-249
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL AND
LOBBYING SERVICES WITH THE LAW OFFICES OF JIM BOYLE FOR
SERVICES PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RELATING
TO THE CITY OF DENTON, DENTON MUNICIPAL ELECTRIC FOR THE
TH
INTERIM PERIOD PRIOR TO THE OPENING OF THE 77 TEXAS
LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
City of Denton City Council Minutes
August 1, 2000
Page 7
PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
26.The Council considered approval of a resolution of the City of Denton, Texas urging the
Texas Legislature to support changes in state law to create a deposit system for glass and plastic
bottles; and providing an effective date.
The following resolution was considered:
NO. R2000-040
A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS
LEGISLATURE TO SUPPORT CHANGES IN STATE LAW TO CREATE A
DEPOSIT SYSTEM FOR GLASS AND PLASTIC BOTTLES; AND PROVIDING AN
EFFECTIVE DATE.
Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried
unanimously.
27.The Council considered nominations/appointments to the City’s Boards and
Commissions.
Council made nominations to the remaining vacancies on Boards and Commissions as noted in
Attachment A.
Beasley motioned, Young seconded to suspend the rules and vote on the nomination made. On
roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”.
Motion carried unanimously.
Burroughs motioned, Durrance seconded to approve the nomination of Mary Alice Moreno to
the Community Development Advisory Commission and Steve Boedeker to the Historic
Landmark Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young
“aye”, and Mayor Brock “aye”. Motion carried unanimously.
28.New Business
There were no items of New Business suggested by Council Members for future agendas.
29.Items from the City Manager
City Manager Jez did not have any items for Council.
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August 1, 2000
Page 8
30.There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
31.There was no official Action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:10 p.m.
_____________________________
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS