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Minutes August 15, 2000CITY OF DENTON CITY COUNCIL MINUTES August 15, 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 15, 2000 at 5:15 p. m. in the Council Work Session Room. PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and Kristoferson ABSENT:Council Members Durrance and Young 1.The Council considered the following in Closed Meeting: A.Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** 1.Received a presentation and information from Staff pertaining to the Denton Municipal Electric (“DME”) proposed annual budget for the fiscal year 2000-2001 and the updated capital improvement plan, as they relate to DME; consisting of competitive electric and commercial information respecting the details of the present and future operational and financial plans and strategies of DME; and discussed, deliberated, considered, and provided Staff with direction regarding such matters. B.Consultation with Attorney – Under TEX. GOV’T. CODE Section 551.071. 1.Discussed and considered strategy and settlement proposal with the City’s attorneys in litigation styled City of Denton v. Texas Utilities Company, et rd al., Cause No. 2000-60109-393 currently pending in the 393 District Court of Denton County, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, August 15, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and Kristoferson. ABSENT:Council Members Durrance and Young 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 July 25, August 1, and August 4, 2000. City of Denton City Council Minutes August 15, 2000 Page 2 Cochran motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously PROCLAMATIONS/PRESENTATIONS 3.Mayor Brock presented the August Yard of the Month Awards: Alice and Floyd Specht Alan and Dale Johnson Homer and Betty Nabors Luther and Sarah Parker Barbara Wilhite Linda and Jim Hook Peterbilt Motore Company CITIZEN REPORT 4.The Council received a report from Dessie Goodson regarding public transportation. Ms. Goodson spoke to the Council regarding the number of buses running on the routes. 5.The Council received a report from Ross Melton, Jr. regarding “LIE-YERS: None so illiterate as those who will not read.” Mr. Melton spoke to the Council about issues regarding his lawsuit with the City. Council Member Durrance arrived at the meeting. NOISE EXCEPTION 6.The Council considered a request for an Exception to the Noise Ordinance for a Back to School block party at Texas Woman's University behind Regan Houston Residence Hall on September 7, 2000, hosted by the Chapter of Delta Sigma Theta Sorority, Inc., at Texas Woman's University from 10:00 p.m. until Midnight. Beasley motioned, Burroughs seconded to approve the exception. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “ayeDurrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. ”, Motion carried unanimously. CONSENT AGENDA Council Member Durrance requested Item #16 be pulled from the Consent Agenda and considered under Items for Individual Consideration. Cochran motioned, Burroughs seconded to approve the Consent Agenda and the accompanying ordinances with the exception of Item #16. On roll vote, Beasley “aye”, Burroughs “aye”, City of Denton City Council Minutes August 15, 2000 Page 3 Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 7. NO. 2000-250 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER ONE TO THE PUBLIC WORKS CONTRACT PROVIDING UPGRADES TO THE 69 KV LINE FROM SPENCER TO LOCUST, NORTH LAKES SUBSTATION AND US77/RINEY ROAD INTERSECTION BETWEEN THE CITY OF DENTON AND GREAT SOUTHWESTERN CONSTRUCTION, INC.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PO 00983 TO GREAT SOUTHWESTERN CONSTRUCTION, INC. IN THE AMOUNT OF $1,393,814.62 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $47,288.63) 8. NO. 2000-251 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 138KV TRANSMISSION FACILITIES UPGRADE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2522 – DENTON NORTH TO NORTH LAKES 138KV TRANSMISSION LINE UPGRADE AWARDED TO RED SIMPSON, INC. IN THE AMOUNT OF $543,297.96) 9. NO. 2000-252 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE. (PO 07087 TO LOWER COLORADO RIVER AUTHORITY, PO 07088 TO CENTRAL & SOUTHWEST SERVICES, INC., PO 07089 TO TEXAS-NEW MEXICO POWER COOP., PO 07090 TO TEXAS MUNICIPAL POWER ASSOCIATION, PO 07091 TO BRAZOS ELECTRIC POWER COOP., AND PO 07092 TO AUSTIN ENERGY, IN THE TOTAL AMOUNT OF $411,142.50) 10. NO. 2000-253 AN ORDINANCE APPROVING A COMMERCIAL LEASE CONTRACT BETWEEN THE CITY OF DENTON AND SCOTT BROWN PROPERTIES, INC., LANDLORD, MANAGER AND AGENT FOR ASH PROPERTIES RELATING TO THE LEASE OF OFFICE SPACE AT THE TEXAS BUILDING LOCATED AT 100 W. OAK ST., SUITES 101 AND 107, DENTON, TEXAS 76201; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 15, 2000 Page 4 11. NO. 2000-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MESA DESIGN GROUP TO PROVIDE DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT NORTH LAKES PARK FOR THE CITY OF DENTON PARKS DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PSA 2558 – PROFESSIONAL SERVICES AGREEMENT FOR DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT THE NORTH LAKES PARK AWARDED TO MESA DESIGN GROUP IN THE AMOUNT OF $130,000) 12. NO. 2000-255 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 GOVERNMENT (H-GAC) FOR THE ACQUISITION OF WHEELED REFUSE CONTAINERS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID/FILE 2540 – PO 07105 TO HGAC/TOTER INC., IN THE AMOUNT OF $105,224.68) 13. NO. 2000-256 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF DECORATIVE STREETLIGHT FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2542 – DECORATIVE STREETLIGHT FIXTURES AWARDED TO GENLYTE SALES DALLAS IN THE ESTIMATED AMOUNT OF $60,000) 14. NO. 2000-257 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF CONTROL HOUSES AND SWITCHGEAR FOR SUBSTATION CONSTRUCTION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2546 – CONTROL HOUSES AND SWITCHGEAR AWARDED TO POWELL INDUSTRIES IN THE ESTIMATED AMOUNT OF $1,071,000) 15. NO. 2000-258 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF City of Denton City Council Minutes August 15, 2000 Page 5 DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE. (TXDOT PROJECT NO. AM2000DNTON; AND TXDOT CSJ NO. M018DNTON) PUBLIC HEARINGS 17.The Council was to continue a public hearing and consider adoption of an ordinance approving a Zoning Plan, to rezone 3901 Pockrus Page Road from an Agriculture zoning district to a Planned Development (PD) zoning district. The 20.1 acre property was generally located on the north side of Pockrus Page Road, east of Interstate 35 East. A single family subdivision with open spaces was proposed. The Planning and Zoning Commission recommended denial (4-2). (ZP-00-002, Diamond Ridge Estates) Doug Powell, Director of Planning and Development, told the Council that the petitioner had requested that this be withdrawn from consideration. The following individuals spoke on the issue: Ed Soph, 1620 Victoria Drive Denton, 76209 - opposed Allen Bussell, 1621 Amanda Court, Ponder – withdraw the proposal Cochran motioned, Burroughs seconded to permit the withdrawal of the application. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 18.The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan to rezone approximately 2.4 acres located on the south side of East University Drive approximately 250 feet west of its intersection with Redwood Drive. The property was currently zoned One Family Dwelling (SF-7). An Office conditioned (O[c]) zoning district permitting the construction of a doctor’s office was proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (ZP-00-007, Redwood Medical Office) Doug Powell, Director for Planning and Development, stated that the applicant wanted to rezone the property, which was currently zoned One-Family Dwelling (SF-7), to an office conditioned zoning classification to allow the placement of a general practice doctor’s office. Due to late submittals, the 20% rule was in effect that would require a supermajority vote by Council. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Allen Bussell, 1621 Amanda Court, Ponder - favor Robbie McCarty, 1901 Burning Tree Lane, Denton, 76209 - favor Dr. Stanley Evans, 3025 Broken Bow, Denton, 76209 – favor Slick Smith, 2100 Redwood Place, Denton, 76209 - favor Peggy Bruce, 1911 Boyd, Denton, 76209 - opposed Janice Collins, 2011 Boyd, Denton, 76209 - opposed City of Denton City Council Minutes August 15, 2000 Page 6 James Collins, 2011 Boyd, Denton, 76209 – opposed unless conditions were met Debra Wright, 1513 Creek, Denton, 76209 - opposed Joe Moore, 1505 Creek, Denton, 76209 – opposed Charles Miller, 2003 Boyd, Denton, 76209 – opposed unless conditions were met The following Speaker Cards were submitted: Howard Kelly, 2008 Boyd, Denton, 76209 - opposed Frances Prichett, 2109 Boyd, Denton, 76209 - opposed Kathleen Crippen, Rt. 2, Box 524A, Denton, 76208 - opposed Jimmy and Teresa Daniel, 2008 Boyd, Denotn, 76209 - opposed Rebuttal by McCarty The Mayor closed the public hearing. After discussion among the Council regarding possible conditions to place on the proposal, Burroughs motioned, Beasley seconded to reopen the public hearing to see if a consensus of the neighbors could be reached on two issues. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. Mayor Brock reopened the public hearing. The following individuals spoke: James Collins – agreed with the change from medical only to a professional office building, wanted the 8 foot fence, and 20 foot buffer yard. Robbie McCarty – suggested placing the fence on the 10 foot line between the 20 foot bufferyard; was in agreement with the 8 foot fence if that was what the neighbors wanted and requested the change to professional office building from the limited medical office designation. Debra Wright – was in favor of the 20 foot buffer with the fence on the 10 foot line going around trees if needed to preserve them; wanted the 8 foot fence; and was in agreement with the professional office building. Robbie McCarty – questioned if the neighbors wanted the bufferyard left in a natural state or maintained similar to a regular yard. Consensus of the neighbors was to leave their side of the fence in a natural state. The Mayor closed the public hearing. Dave Hill, Assistant City Manager for Development Services, suggested the following conditions: #1-3 in the ordinance would not change; #4 would change to an 8 foot high fence around the southern and eastern perimeters; #5 would change the wording to professional building; #6 would state a 20 foot bufferyard with an 8 foot fence centered in the bufferyard with the outside of the bufferyard left in a natural state with limited maintenance, except for the drainage area; #7 would not change; #8 would change the condition to a limited use of professional offices; and #9 would be the City’s standard lighting condition. City of Denton City Council Minutes August 15, 2000 Page 7 The following ordinance was considered: NO. 2000-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE WITH CONDITIONS (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2.4 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE APPROXIMATELY 250 FEET WEST OF ITS INTERSECTION WITH REDWOOD DRIVE; PROVIDING FOR THE APPROVAL OF A ZONING PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (ZP-00-007) Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 19.The Council held a public hearing and considered adoption of an ordinance to rezone 3.9 acres from an Agricultural zoning district to a Light Industrial zoning district. The property was located at 5001 West University Drive. The proposal was to rezone the property to correspond with the existing land use. A request for relief from the Interim Nonresidential Standards for this property was approved by City Council on June 6, 2000. The Planning and Zoning Commission recommended approval (7-0). (Z-00-010) Doug Powell, Director of Planning and Development, stated that the applicant requested to rezone the property from agricultural zoning to light industrial zoning. The existing land uses of the property and adjacent property were compatible with the proposed zoning. No new development was proposed and the zoning request was not subject to the Interim Regulations. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-260 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.9 ACRES OF LAND LOCATED AT 5001 WEST UNIVERSITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-00-010) City of Denton City Council Minutes August 15, 2000 Page 8 Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Mayor Brock “aye”. Motion carried unanimously. 20.The Council held a public hearing and consider adoption of an ordinance amending Chapter 35, Zoning, of the Code of Ordinances, to add Article XI, Denton Telecommunications Zoning Regulations, providing regulations governing the location of telecommunication towers and antennas. The Planning and Zoning Commission recommended approval (5-0) with comments. (SI-00-17, Telecommunications Zoning Rgulations) Doug Powell, Director of Planning and Development, stated that Council had reviewed this item at several meeting. The City’s current regulations were written for older technology and did not adequately respond to the new age of wireless telecommunication services. There were two major components of the standards that dealt with towers and antenna standards. The Mayor opened the public hearing. No one spoke during the public hearing. Durrance motioned, Beasley seconded to postpone consideration to allow Council to further discuss the ordinance in a work session and to continue the public hearing when placed back on a Council agenda. After discussion regarding the need to have some type of regulations in place due to the increased requests for towers and antennas in the City, Durrance withdrew his motion. The following ordinance was considered: NO. 2000-261 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE XI ENTITLED “DENTON TELECOMMUNICATIONS ZONING REGULATIONS”; PROVIDING FOR REGULATIONS GOVERNING THE LOCATION OF TELECOMMUNICATION TOWERS AND ANTENNAS; PROVIDING CONDITIONS FOR PERMITTED USES; PROVIDING FOR SPECIAL USE PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT TO EXCEED $1,000 FOR VIOLATIONS THEREOF; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance with the following changes: a security fence would be required; the billboard provision would be removed; and towers located in the Central Business District would require a specific use permit. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. City of Denton City Council Minutes August 15, 2000 Page 9 ITEMS FOR INDIVIDUAL CONSIDERATION Item #16 was considered from the Consent Agenda. Council Member Durrance felt that he could not vote for this budget as the District had not adequately answered his concerns. 16.The Council considered approval of a resolution of the City of Denton, Texas approving the 2000-2001 budget of the Denton Central Appraisal District; and declaring an effective date. The following resolution was considered: NO. R2000-041 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 2000-2001 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried with a 5-1 vote. 21.The Council considered adoption of an ordinance to correct an inadvertent error in Ordinance No. 99-203 which is an ordinance annexing into the City of Denton certain real property located on the east side of Interstate Highway 35W, north of Crawford Road, and west of U.S. Highway 377. Said error being an inadvertent error in the description of the property being annexed which should have been approximately 472 acres instead of approximately 1055 acres. (A-82, Huffines Tract) Doug Powell, Director of Planning and Development, stated that Ordinance No. 99-203 incorrectly annexed 1025 acres of land instead of the 472 acre tract that was intended to be annexed. This ordinance would remove the property that was not to have been annexed. The following ordinance was considered: NO. 2000-262 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO. 99-203 WHICH IS AN ORDINANCE ANNEXING INTO THE CITY OF DENTON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY 35W, NORTH OF CRAWFORD ROAD, AND WEST OF U.S. HIGHWAY 377 IN DENTON COUNTY, TEXAS, SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ANNEXED WHICH SHOULD HAVE BEEN APPROXIMATELY 472 ACRES INSTEAD OF APPROXIMATELY 1025 ACRES, MAKING SUCH CORRECTION RETROACTIVE TO JUNE 15, 1999, BEING THE DATE OF PASSAGE OF ORDINANCE NO. 99-203; DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO INFORM THE City of Denton City Council Minutes August 15, 2000 Page 10 DENTON COUNTY APPRAISAL DISTRICT AND AFFECTED TAXING AUTHORITIES OF THIS ERROR AND THE CORRECTIONS MADE BY THIS ORDINANCE AND REQUESTING THAT THE APPRAISAL DISTRICT AND AFFECTING TAXING AUTHORITIES MAKE SUCH ADJUSTMENT IN TAXES RESULTING FROM THIS CORRECTION, AS MAY BE PERMITTED BY LAW; PROVIDING AN EFFECTIVE DATE. (A-82) Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 22.The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-046, for a 31.4 acre parcel north of Audra Lane and west of Mockingbird. The property was in a Planned Development (PD-127) zoning district. An amended Detailed Plan was proposed reducing the total number of single-family residential lots from 136 to 127. (RR-00-017, Bellaire North Addition) Doug Powell, Director for Planning and Development, stated that the petitioner had submitted an amended detailed plan that would reduce the total number of single-family residential lots. A request for relief was being asked for as the interim ordinance would add additional expense to the project. Pat Atkins spoke on the issue. Burroughs motioned, Beasley seconded to grant the relief request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried with a 5-1 vote. 23.The Council considered and took action on an exaction variance from Section 34-111(1) of the Code of Ordinance, concerning street classifications for Regency Oaks, Phase 2. The 10.28 acre site was located south of Hobson Road and east of Country Club Drive. The property was in a SF-10 conditioned zoning district. Single family development was proposed. (V-00- 001, Regency Oaks Phase 2) Doug Powell, Director for Planning and Development, stated that the applicant has requested a variance concerning street classification for an estate section street. The subdivision would have access to an existing 24 foot wide estate section street without curb and gutter. The Subdivision Regulations required the applicant to upgrade the existing estate section street up to local street standards. The improvements would include widening the street and adding curb and gutter. The developer was proposing no improvements to the existing estate section street. Staff was recommending approval of a partial variance from the street classification for an estate section street by requiring curb and gutter to both sides of the existing estate section street. That would require the addition of inlets and possibly storm sewer, and the modification and regrading behind the curbs. It was also recommended by staff that the existing cul-de-sac bulb be removed. City of Denton City Council Minutes August 15, 2000 Page 11 The following individuals spoke regarding the issue: Everett Newland - favor Gene Price - favor Beasley motioned, Cochran to deny the request for relief. On roll vote, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried with a 5-1 vote. 24.The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 1.63 acre parcel located on the east side of Bonnie Brae, approximately 800 feet south of University Drive. The property was in a Planned Development (PD-144) zoning district. An amended Detailed Plan was proposed to allow a non- medical office building on the site. (RN-00-027, Bonnie Brae Medical Office Complex) Doug Powell, Director of Planning and Development, stated that the applicant was requesting relief in order to proceed with an amended detailed plan to allow a non-medical use within the existing Planned Development. Cochran motioned to deny. Motion died for lack of a second. Burroughs motioned, Beasley seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried with a 5-1 vote. 25.The Council considered approval of a resolution supporting the Major Investment Study for Interstate 35-E from State Highway 121 north to the City of Denton being conducted by the Texas Department of Transportation, and encouraging Texas Department of Transportation officials to consider any means possible that will expedite the schematic development phase of this program to a completion date no later, and preferably sooner than December, 2001. The following resolution was considered: NO. R2000-042 A RESOLUTION SUPPORTING THE MAJOR INVESTMENT STUDY FOR INTERSTATE 35-E FROM STATE HIGHWAY 121 NORTH TO THE CITY OF DENTON BEING CONDUCTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, AND ENCOURAGING TEXAS DEPARTMENT OF TRANSPORTATION OFFICIALS TO CONSIDER ANY MEANS POSSIBLE THAT WILL EXPEDITE THE SCHEMATIC DEVELOPMENT PHASE OF THIS PROGRAM TO A COMPLETION DATE NO LATER, AND PREFERABLY SOONER THAN DECEMBER, 2001 Kristoferson motioned, Durrance seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. City of Denton City Council Minutes August 15, 2000 Page 12 26.The Council considered adoption of an ordinance vacating a utility easement affecting the southern boundaries of Block 3, Lots 1-13 of Hannah Estates, an addition to the City of Denton, Texas, according to the plat thereof; recorded in Cabinet C, Page 381 of the plat records of Denton County, Texas and providing for an effective date. The following ordinance was considered: NO. 2000-263 AN ORDINANCE VACATING A UTILITY EASEMENT AFFECTING THE SOUTHERN BOUNDARIES OF BLOCK 3, LOTS 1-13 OF HANNAH ESTATES, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF; RECORDED IN CABINET C, PAGE 381 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 27.The Council considered adoption of an ordinance approving a pipeline crossing contract between the City of Denton and the Kansas City Southern Railway Company relating to the location of a city water pipeline within railroad right-of-way located immediately east of said railroad right of way’s intersection with U.S. Highway 377 within the City of Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-264 AN ORDINANCE APPROVING A PIPELINE CROSSING CONTRACT BETWEEN THE CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN RAILROAD RIGHT-OF-WAY LOCATED IMMEDIATELY EAST OF SAID RAILROAD RIGHT OF WAY’S INTERSECTION WITH U.S. HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 28.The Council considered adoption of an ordinance of the City of Denton approving a license agreement between the City of Denton and the Texas Municipal Power Agency (TMPA) relating to the location of a city water pipeline within a TMPA utility easement described in that certain easement recorded in Volume 1141, Pages 128-131 of the deed records of Denton County, Texas near where said easement intersects with U.S. Highway 377 within the City of Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date. City of Denton City Council Minutes August 15, 2000 Page 13 The following ordinance was considered: NO. 2000-265 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY (TMPA) RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TMPA UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 1141, PAGES 128-131 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U.S. HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 29.The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and William L. Abernathy Charitable Lead Trust, relating to the purchase of approximately 0.0258 acres of land for the expansion of U.S. Highway 77 (Parcel 62); authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-266 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WILLIAM L. ABERNATHY CHARITABLE LEAD TRUST, RELATING TO THE PURCHASE OF APPROXIMATELY 0.0258 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 62); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 30.The Council considered adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.1895 acre permanent public utility easement and an approximate 0.2595 acre temporary construction easement both located in the B.B.B. & C.R.R. Co. Survey, Abstract No. 196 and in the J.W. Withers Survey, Abstract No. 1343, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing utilities along F.M. Highway 1830; and declaring an effective date. City of Denton City Council Minutes August 15, 2000 Page 14 The following ordinance was considered: NO. 2000-267 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WILLIAM L. ABERNATHY CHARITABLE LEAD TRUST, RELATING TO THE PURCHASE OF APPROXIMATELY 0.0258 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 62); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 31.The Council considered an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.599 acre permanent public utility easement and an approximate 2.328 acre temporary construction easement both located in the W. Roark Survey, Abstract No. 1087 and in the J. Severe Survey, Abstract No. 1184, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing utilities along U.S. Highway 377; and declaring an effective date. The following ordinance was considered: NO. 2000-268 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.599 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND AN APPROXIMATE 2.328 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH LOCATED IN THE W. ROARK SURVEY, ABSTRACT NO. 1087 AND IN THE J. SEVERE SURVEY, ABSTRACT NO. 1184, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING UTILITIES ALONG U.S. HIGHWAY 377; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. City of Denton City Council Minutes August 15, 2000 Page 15 32.This item was pulled from consideration. 33.The Council considered adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Professional Services Agreement with SIGCORP Communication Services, Inc for consulting services pertaining to the preparation of an independent feasibility evaluation respecting telecommunications, dark fiber, and bandwidth issues for Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-269 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SIGCORP COMMUNICATION SERVICES, INC FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN INDEPENDENT FEASIBILITY EVALUATION RESPECTING TELECOMMUNICATIONS, DARK FIBER, AND BANDWIDTH ISSUES FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “ayeDurrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. ”, Motion carried unanimously. 34.The Council considered adoption of an ordinance of the City of Denton, Texas approving an amendment to the existing interim wastewater treatment services contract between the City of Denton, Texas and the Upper Trinity Regional Water District heretofore executed on November 20, 1990, extending the term thereof for an additional six month period; authorizing the City Manager to execute said amendment; providing for retroactive effect of said amendment; and providing an effective date. The following ordinance was considered: NO. 2000-270 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 15, 2000 Page 16 Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 35.The Council considered adoption of an ordinance of the City of Denton, Texas approving a Tower Lease Agreement for the attachment of personal communications services transmitting and receiving equipment on the Bronco Water Tower and the McKenna Park Radio Tower owned by the City, by and between the City of Denton and Cook Inlet/VoiceStream PCS, L.L.C.; and providing an effective date. The following ordinance was considered: NO. 2000-271 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER LEASE AGREEMENT FOR THE ATTACHMENT OF PERSONAL COMMUNICATIONS SERVICES TRANSMITTING AND RECEIVING EQUIPMENT ON THE BRONCO WATER TOWER AND THE MCKENNA PARK RADIO TOWER OWNED BY THE CITY, BY AND BETWEEN THE CITY OF DENTON AND COOK INLET/VOICESTREAM PCS, L.L.C.; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 36.The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Pole Attachment Agreement between the City of Denton, Texas and Metricom, Inc.; authorizing the expenditure of funds therefore and the collection of rents therefrom; and providing an effective date. The following ordinance was considered: NO. 2000-272 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A POLE ATTACHMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND METRICOM, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND THE COLLECTION OF RENTS THEREFROM; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 37.The Council considered approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 5, 2000 City Council Public meeting Agenda to adopt a 2000 tax rate that will exceed the lower of the rollback rate or 103 percent of the City of Denton City Council Minutes August 15, 2000 Page 17 effective tax rate; calling a public hearing on a tax increase to be held on August 29, 2000; requiring publication of a Notice of Public Hearing on a tax increase in accordance with the law; and providing an effective date. The following resolution was considered: NO. R2000-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 5, 2000 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2000 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 29, 2000; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 38.The Council received a report, held a discussion, and gave staff direction regarding the 2000-2001 operating budget and the 2001-2005 Capital Improvement Program. Kathy DuBose, Assistant City Manager for Finance and Municipal Services, asked for direction from Council on the solid waste issues. Kristoferson motioned, Beasley seconded to proceed with Option #2. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 39.The Council considered adoption of an ordinance authorizing the City Manager to enter into a Professional Services Agreement with Diversified Utility Consultants, Inc. to provide testimony as expert witnesses and related consulting services in the City of Denton vs. Texas Utilities Company, et al, litigation authorizing the funds therefore; providing retroactive effect; and providing an effective date. The following ordinance was considered: NO. 2000-273 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. TO PROVIDE TESTIMONY AS EXPERT WITNESSES AND RELATED CONSULTING SERVICES IN THE CITY OF DENTON VS. TEXAS UTILITIES COMPANY, ET AL, LITIGATION AUTHORIZING THE FUNDS THEREFORE; PROVIDING RETROACTIVE EFFECT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 15, 2000 Page 18 Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 40.The Council considered nominations/appointments to the City’s Boards and Commissions. There were no nominations/appointments made at this meeting. 41.New Business There were no items of New Business suggested by Council Members for future agendas. 42.Items from the City Manager City Manager Jez did not have any items for Council. 43.There was no continuation of Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 44.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 12:10 a.m. ____________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS