Minutes September 05, 2000'860
CiTY OF DENTON CITY COUNCIL MINUTES
September 5, 2000
Regular Meeting of the City of Denton City Council on Tuesday, September 5, 2000 at 6:00 p.m.
in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durranee, 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 August 8, August 9, August 14,
August 15, August 22, August 23, and August 29, 2000.
Burroughs motioned, Durrance seconded to approve the minutes as presented. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carried unanimously.
PROCLAMATIONS/PRESENTATIONS
3. Mayor Brock presented the September Yard of the Month Awards to:
Bud and Janice Stradley
Glenn and Joyce Hunt
Frenchy & Teri Rheault
David and Linda Ford
Dave and Kelly MeCay
Robert and Karen Krause
Denton Community Hospital
Mayor Brock presented the following proclamations:
A. Herbert L. Prouty Day
B. National Sickle Cell Awareness Month & Sickle Cell Disease Awareness Day
NOISE EXCEPTION
5. The Council considered adoption of an ordinance of the City of Denton, Texas, granting,
pursuant to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas an
exception to the limitations imposed by that section with respect to hours of operation of an
amplified loudspeaker system; and providing an effective date. (Cowboys for Cedi Rodeo)
Young motioned, Cochran seconded to approve the request. On roll vote, Beasley "aye",
Kxistoferson ay , Young "aye", and Mayor
Burroughs "aye", Cochran "aye", Durrance "aye", ' " e"
Brock "aye". Motion carried unanimously.
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September 5, 2000
Page 2
861
CITIZEN REPORT
6. The Council received a report from Dessie Goodson regarding public transportation and
government records.
Ms. Goodson stated that the public transportation system was not running on time and she was
arrested when she interfered with the driver. She had requested records from the City Attorney's
Office and had been questioned as to what public interest was served by her request.
Mayor Brock asked Council to move Items #49-52 ahead in the agenda. Consensus of the
Council was to consider Items #49-52 ahead in the agenda order.
Council considered Item #49.
49. The Council considered adoption of an ordinance adopting the budget of the City of
Denton, Texas, for the fiscal year beginning October 1, 2000, and ending September 30, 2001;
and declaring an effective date.
The following ordinance was considered:
NO. 2000-317
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING
SEPTEMBER 30, 2001; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried with a 6-1 vote.
50. The Council considered adoption of an ordinance levying the ad valorem tax of the City
of Denton, Texas, for the year 2000, on all taxable property within the corporate limits of the
City on January 1, 2000, not exempt by law; providing revenues for payment of current
municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds;
providing for limited exemptions of certain homesteads; providing for enforcement of
collections; providing for a severability clause; and providing an effective date.
The following ordinance was considered:
NO. 2000-318
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 2000, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2000, NOT
EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNIC~AL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED
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City of Denton City Council Minutes
September 5, 2000
Page 3
EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT
OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried with a 6-1 vote.
51. The Council considered adoption of an ordinance of the City of Denton, Texas,
approving the 2000 tax rolls; and providing an effective date.
The following ordinance was considered:
NO. 2000-319
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2000
TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried with a 6-1 vote.
52. The Council considered approval of a resolution adopting the Capital Improvement Plan
proposed by the Planning and Zoning Commission and the Public Utilities Board; and providing
an effective date.
The following resolution was considered:
NO. R2000-047
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED
BY THE PLANNING AND ZONING COMMISSION AND THE PUBLIC UTILITIES
BOARD; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carried unanimously.
Council retumed to the regular agenda order.
CONSENT AGENDA
Council Member Burroughs requested that Items #14 and #18 be pulled for separate
consideration.
Council Member Cochran requested that Item//20 be pulled for separate consideration.
City of Denton City Council Minutes
September 5, 2000
Page 4
Kristoferson motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions with the exception of Items #14, #18 and #20. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carded unanimously.
Burroughs motioned, Young seconded to approve Item #14 with the provision that the ordinance
be modified to apply only to motor vehicle accident responses within the Denton city limits. On
roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Brock "aye". Motion carded unanimously.
7. Approved a tax refund to Roy J. Roy. The 1999 tax was paid twice, resulting in an
overpayment.
8. Approved a tax refund to Cleopas Angaye. The 1999 tax was paid twice, resulting in an
overpayment.
9. Approved a tax refund to Title Resources for Wayne & Beverly Beeler. The 1999 tax
was paid twice, resulting in an overpayment.
10. NO. 2000~275
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER 2 TO
THE CONTRACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF
COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE
CUSTOMER INFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON
AND HARRIS COMPUTER CORPORATION; PROVIDING FOR A CHANGE IN
THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP
2102 - CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION -
CHANGE ORDER 2 IN THE AMOUNT OF $31,400)
11.
NO. 2000-276
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF CORRECTIONS FOR
WESTERN PECAN AND COOPER CREEK; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2531 -
INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND
COOPER CREEK AWARDED TO HENDERSON CONSTRUCTION, LLP IN THE
AMOUNT OF $683,930)
12.
NO. 2000-277
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF US HIGHWAY 377 - 20-
INCH WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2538 - US
HIGHWAY 377 - 20 INCH WATERLINE AWARDED TO DICKERSON
CONSTRUCTION CO., INC. IN THE AMOUNT OF $974,392.50)
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City of Denton City Council Minutes
September 5, 2000
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13.
14.
15.
16.
17.
19.
This item was pulled from consideration.
NO. 2000-278
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 11
"FIRE PREVENTION" OF THE DENTON CODE OF ORDINANCES TO PROVIDE
FOR THE COLLECTION OF FEES AND COST RECOVERY FROM NON-
RESIDENTS OF THE CITY OF DENTON FOR FIRE PREVENTION AND
PROTECTION SERVICES AND OTHER PUBLIC SAFETY AND EMERGENCY
SERVICES RENDERED BY THE CITY OF DENTON; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NO. 2000-279
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR NON-RESIDENT FIRE SERVICE BILLING; PROVDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVDING AN EFFECTIVE
DATE. (BD 2544 - NON-RESIDENT FIRE SERVICE BILLING AWARDED TO
F.I.R.E., INC.)
NO. 2000-280
AN ORDINANCE AMENDING ORDINANCE NO. 2000-141 BY CANCELING THE
AWARD OF BID 2480 TO PATRICK BROTHERS PAINTING CONTRACTORS
AND IN LIEU THEREOF AWARD THE PUBLIC WORKS CONTRACT FOR THE
PAINTING OF FUEL TANKS AT THE MUNICIPAL POWER PLANT, BID 2547 TO
A-AGAPE CONTRACTING INC. IN THE AMOUNT OF $74,369; AND PROVIDING
AN EFFECTIVE DATE. (BID 2547 - PAINTING OF FUEL TANKS, GENERATOR
HOUSING AND TRANSFORMERS AWARDED TO A-AGAPE CONTRACTING
INC. IN THE AMOUNT OF $74,369)
NO. 2000-281
AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A THERMOPLASTIC APPLICATOR AND
PREMELTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 2549 - THERMOPLASTIC
APPLICATOR AND PREMELTER AWARDED TO CENTER.LINE SUPPLY IN THE
TOTAL AMOUNT OF $28,000)
NO. 2000-283
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR MULTIPURPOSE PAPER; PROVDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2553 - MULTIPURPOSE PAPER AWARDED TO XEROX
CORPORATION IN THE ANNUAL ESTIMATED AMOUNT OF $60,850)
City of Denton City Council Minutes
September 5, 2000
Page 6
21.
22.
23.
24.
NO. 2000-285
AN ORDINANCE APPROVING A THIRD AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS
COUNCIL DATED OCTOBER 15, 1990, AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE TO EXECUTE AN AGREEMENT APPROVING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
NO. 2000-286
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW OFFICES OF ERICH BIRCH, P.C., FOR LEGAL
SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, IN THE AREAS
OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW,
RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR
RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
NO. 2000-287
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN &
TOWNSEND, P.C., FOR LEGAL SERVICES PERTAINING TO REPRESENTATION
OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN
THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE
LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR
RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
NO. 2000-288
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A THIRD AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY
ENTERED INTO BY THE CITY AND R. J. COVINGTON CONSULTING ON
JANUARY 5, 1999; AND AS PREVIOUSLY AMENDED BY FIRST AMENDMENT
THERETO ON JUNE 1, 1999; AND AS PREVIOUSLY AMENDED BY SECOND
AMENDMENT THERETO ON OCTOBER 19, 1999; AND AS AMENDED FOR A
THIRD TIME BY ADDING TASK ORDER NO. 00-B THERETO; WHICH THIRD
AMENDMENT PROVIDES FOR ADDITIONAL ELECTRIC INDUSTRY
PROFBSSIONAL CONSULTING SERVICES RELATING TO RESTRUCTURING
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City of Denton City Council Minutes
September 5, 2000
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IMPLEMENTATION, TO BE PERFORMED FOR DENTON MUNICIPAL
ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
25.
NO. 2000-289
AN ORDINANCE APPROVING THE RENEWAL OF A CONTRACT FOR HEALTH
INSURANCE ORIGINALLY AWARDED PURSUANT TO ORDINANCE NO. 99-376
TO AETNA U.S. HEALTHCARE, WITH THE RENEWAL FOR THE YEAR 2001
BEING IN THE ESTIMATED AMOUNT OF $4,183,822; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
26.
NO. R2000-048
A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS, APPROVING
THE ASSIGNMENT BY NEBRIG & ASSOCIATES, INC. OF A COMMERCIAL
OPERATOR LEASE EXECUTED SEPTEMBER 24, 1996 TO NEBRIG PROPERTIES,
L.P.; AND PROVIDING AN EFFECTIVE DATE.
27.
NO. 2000-291
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH ALLIANCE AREA SURVEYING CORPORATION
FOR LAND SURVEY SERVICES FOR ELECTRIC UTILITIES; AUTHORIZING THE
EXPENDITUKE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
28.
NO. 2000-292
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH JOHN G. HIRSCHY OF JOHN G. HIRSCHY &
ASSOCIATES OF DALLAS TO PROVIDE REAL PROPERTY APPRAISAL
SERVICES FOR THE WEST ELECTRIC TRANSMISSION LINE AND STATION
PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
29.
NO. 2000-293
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH SURVEYORS AND ENGINEERS OF NORTH
TEXAS, INC. DBA SENTCORP FOR LAND SURVEY SERVICES FOR RAY
ROBERTS WATER LINE PROJECT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 5, 2000
Page 8
(Items 30-38 are items that support the proposed 2000-2001 budget and have been
previously considered in budget work sessions)
30. NO. 2000-294
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED
IN ORDINANCE NO. 99-295 FOR WATER SERVICE AND WATER RATES
RELATED TO WATER CONSERVATION AND DROUGHT CONTINGENCY
PLANNING CONTAINED IN ORDINANCE NO. 2000-006; AMENDING THE
WHOLESALE RAW WATER SERVICE TO THE UPPER TRINITY REGIONAL
WATER DISTRICT RATE (WRW); AMENDING THE WHOLESALE TREATED
WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT RATE
(WW2); DELETING THE INTRAGOVERNMENTAL SALES OF FINISHED WATER
RATE (WG), AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL /
INDUSTRIAL WATER SERVICE RATE (WC); DELETING THE LOCAL
GOVERNMENT SPRINKLER IRRIGATION RATE (WGI), AND ADDING THOSE
CUSTOMERS TO THE COMMERCIAL / INDUSTRIAL WATER SERVICE RATE
(WC); ADDING WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN RATES TO RESIDENTIAL WATER SERVICE RATE (WR) AND TO
COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC); ADDING
MISCELLANEOUS FEES; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
31.
NO. 2000-295
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO. 99-296 FOR WASTEWATER SERVICE;
DELETING THE INTRAGOVERNMENTAL WASTEWATER SERVICE RATE (SG)
AND ADDING THOSE CUSTOMERS TO THE COlViMERCIAL AND INDUSTRIAL
WASTEWATER SERVICE RATE (SC); REASSIGNING CHARGES FOR
UNCONTAMINATED GRASS, LEAVES, AND BRUSH, AS WELL AS WHOLE
TREES AND STUMPS BROUGHT TO THE LANDFILL, FROM THE SOLID WASTE
RATE ORDINANCE TO THE WASTEWATER RATE ORDINANCE; PROVIDING
FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
32.
NO. 2000-296
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND
PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND
TAXPAYERS CONTAINED IN ORDINANCE NO. 99-298; AMENDING THE
INSUFFICIENT FUND CHECK HANDLING CHARGE; AMENDING THE
ELECTRIC AND WATER RECONNECTION FEE IN ORDER TO PROVIDE FOR
WATER METERS; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
September 5, 2000
Page 9
33.
34.
35.
36.
NO. 2000-297
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN
ORDINANCE NUMBERS 99-294, 2000-042, AND 2000-043, AS AUTHORIZED BY
CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-
7, 26-8(A), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID
WASTE SERVICE, AMENDING THE CHARGES AND SCHEDULES FOR
RESIDENTIAL SOLID WASTE COLLECTION SERVICE, RESIDENTIAL SERVICE
DEPOSIT, COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION
SERVICE, MINIMUM MONTHLY COMMERCIAL CHARGE, SAME DAY
COMMERCIAL SERVICE CHARGE, AND APPLIANCE PICKUP CHARGE;
AMENDING THE SANITARY LANDFILL USE CHARGES AND SCHEDULE BY
ESTABLISHING SANITARY LANDFILL USE CHARGES BY TONNAGE;
REASSIGNING CHARGES FOR DISPOSAL OF UNCONTAMINATED LEAVES,
GRASS, AND BRUSH BROUGHT TO THE LANDFILL TO THE WASTEWATER
DEPARTMENT; REASSIGNING CHARGES FOR THE DEPOSIT OF WHOLE
TREES AND STUMPS BROUGHT TO THE LANDFILL TO THE WASTEWATER
DEPARTMENT; ADDING A SANITARY LANDFILL USE CHARGE FOR THE
DEPOSIT OF RECYCLED ASPHALT AND CONCRETE; AMENDING TIRE
CHARGES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 2000-298
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 99-297 FOR ELECTRIC
SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 2000-299
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
PAYMENT OF AN ADMINISTRATIVE FEE TO THE CITY FOR REVIEW OF
TRAFFIC IMPACT ANALYSES REQUIRED BY CITY ORDINANCE OR AS MAY
BE REQUIRED AS A PART OF ZONING APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
NO. 2000-300
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
PAYMENT OF AN ADMINISTRATIVE PUBLIC WORKS INSPECTION FEE TO
THE CITY FOR INSPECTION SERVICES PROVIDED BY THE CITY FOR PUBLIC
IMPROVEMENTS CONSTRUCTED BY DEVELOPERS RELATED TO PRIVATE
DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 5, 2000
Page 10
37.
NO. 2000-301
AN ORDINANCE APPROVING THE CALENDAR YEAR 2001 (CY2001) BUDGETS
FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS
COUNCIL AND THE NORTH TEXAS STATE FAIR; AND PROVIDING AN
EFFECTIVE DATE.
38.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FOLLOWING HOTEL
OCCUPANCY TAX FUND RECIPIENTS FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE:
A. Denton Holiday Festival NO. 2000-302
B. Denton Community Theatre NO. 2000-303
C. Denton Festival Foundation NO. 2000-304
D. Tejas Storytelling Association NO. 2000-305
E. Denton Black Chamber of Commerce NO. 2000-306
F. Denton County Courthouse-On-The-Square Museum NO. 2000-307
G. Kiwanis NO. 2000-308
H. Bayless-Selby House Museum NO. 2000-309
I. Denton Chamber of Commerce (Convention & Visitors Bureau) NO. 2000-310
PUBLIC HEARINGS
39. The Council continued a public heating and considered approving a Detailed Plan for a
Planned Development (PD-174) zoning district. The 378.1 acre property was generally located
south of Johnson Lane, between John Paine Road and Fort Worth Drive. A single-family
subdivision with open spaces was proposed. The Planning and Zoning Commission
recommended approval (4-1). (Z-99-100, Country Lakes North)
Doug Powell, Director of Planning and Development, presented the details of the proposed
development as noted in the agenda materials. The previous issues of connectivity had been
resolved with the submittal of an amended detailed plan showing four accesses to the
development.
The Mayor opened the public heating.
The following individuals spoke during the public hearing:
Frank Murphy- favor
Quentin Bumett, 300 Oregon Trail, Argyle, 76226 - concern regarding school sites
Carter Low, 409 Santa Fe Trail, Argyle, 76226- opposition
Paul Hayden, 302 Chisholm Trail, Argyle, 76226 - opposition
Doug Robison, 418 Old Justin Road, Argyle, 76226 - opposition
Barry Knight, 5400 Renaissance Tower, Dallas, - favor
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Page 11
The following speaker card was submitted:
Scott Devine, 312 Oregon Trail, Argyle, 76226 - opposition
Beasley motioned, Kristoferson seconded to close the public hearing and postpone consideration
of the proposal until an agreement was worked out with the Argyle ISD and the developer or
until an impasse was indicated by one of the parties. The item would be placed as an Item for
Individual Consideration when scheduled for an agenda. An impasse was defined as no hope for
agreement.
Council Member Cochran called the question to close the public hearing. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young 'hay", and
Mayor Brock "aye". Motion carded with a 6-1 vote.
On roll vote on the motion, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "nay", and Mayor Brock "aye". Motion carried with a 6-1 vote.
40. The Council held a public hearing and considered adoption of an ordinance approving a
Detailed Plan for Section M of the Preserve at Pecan Creek. The 14.76-acre property is located
on the east side of Lakeview Boulevard approximately 2500 feet northeast of the intersection of
Lakewood Boulevard and Swisher Road. It was in the Planned Development 132 (PD-132)
zoning district. A single-family subdivision of 62 homes was proposed. The Planning and
Zoning Commission recommended approval (6-0). (Z-O0-OI2, The Preserve - Section M)
Doug Powell, Director of Planning and Development, stated that a letter had been received from
the petitioner requesting a postponement of consideration of the item until the September 26th
agenda.
Mayor Brock asked for a consensus from the Council to open the public heating and continue it
to the September 26th Council meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran
"aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded
unanimously.
41. The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan for University Courtyard. The request was to rezone approximately 18.2 acres from
Commercial (C) zoning district and Multiple Family Dwelling District-1 (MF-1) zoning district
to Planned Development (PD) zoning district. The property was located at the southwest comer
of Bormie Brae Street and West Hickory Strcot. A multi family development was proposed. The
Planning and Zoning Commission recommended approval (5-1). (ZP-O0-OIO, University
Courtyard)
Doug Powell, Director of Planning and Development, stated that the proposal was to rezone the
property to a planned development to develop 13.2 units per unit not to exceed 240 units total
units. The applicant was proposing to have a 10-foot front yard setback instead of the typical 25
feet and 800 off-street parking spaces instead the required 885 spaces. The Planning and Zoning
Commission recommended approval with the standard lighting condition.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 5, 2000
Page 12
The following individuals spoke during the public hearing:
Jeff Myles, 16800 Dallas Parkway, Dallas - favor
Matt Marshall, Ambling Development Company - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-311
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM COMMERCIAL (C) AND MULTIPLE FAMILY
DWELLING DISTRICT - 1 (MF-1) ZONING DISTRICT CLASSIFICATIONS AND
USE DESIGNATIONS TO PLANNED DEVELOPMENT WITH CONDITIONS
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 18.2 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF HICKORY AND BONNIE BRAE STREET; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (ZP-00-010(
Young motioned, Burroughs seconded to adopt the ordinance with the conditions recommended
by the Planning and Zoning Commission and a 20% open space requirement. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carried with a 6-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #18 was considered.
871
18. NO. 2000-282
AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF 138KV CIRCUIT BREAKERS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVDING AN
EFFECTIVE DATE. (BID 2551 - 138KV CIRCUIT BREAKERS AWARDED TO
SIEMENS POWER TRANSMISSION AND DISTRIBUTION, INC. IN THE AMOUNT
OF $219,500)
Burroughs motioned, Young seconded to adopt the ordinance with the condition that the
ordinance reflect two units in the total amount of $109, 500. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kfistoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
87 2
City of Denton City Council Minutes
September 5, 2000
Page 13
Item #20
20.
NO. 2000-284
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN
AUTOMATED CITY WATCH COMMUNITY NOTIFICATION
INBOUND/OUTBOUND SYSTEM 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. (PO 07118 - AVTEX, INC. IN THE AMOUNT OF $46,376)
Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carded unanimously.
42. The Council considered approval of a resolution voting for a member to the Board of
Managers of the Denco Area 9-1-1 District; and declaring an effective date.
The following resolution was considered:
NO. R2000-045
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
43. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and New Hope Missionary Baptist Church, relating to the purchase
of approximately 0.038 acre and 0.0036 acre of land being located in the Nathan Wade Survey,
Abstract No. 1407 of Denton County, Texas for the US Highway 77 Project, with title vesting in
the State of Texas; authorizing the expenditure of funds therefor; and providing an effective date.
The following ordinance was considered:
NO. 2000-312
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND NEW HOPE MISSIONARY BAPTIST CHURCH,
RELATING TO THE PURCHASE OF APPROXIMATELY 0.038 ACRE AND 0.0036
ACRE OF LAND BEING LOCATED IN THE NATHAN WADE SURVEY,
ABSTRACT NO. 1407 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77
PROJECT, WITH TITLE VESTING 1N THE STATE OF TEXAS; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
September 5, 2000
Page 14
Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
44. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and Barbara L. Gailey, relating to the purchase of approximately
0.101 acre of land and being located in the N.H. Meisenheimer Survey, Abstract No. 810 of
Denton County, Texas for the US Highway 77 Project, with title vesting in the State of Texas;
authorizing the expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 2000-313
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND BARBARA L. GAILEY, RELATING TO THE PURCHASE
OF APPROXIMATELY 0.101 ACRE OF LAND AND BEING LOCATED IN THE
N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 OF DENTON COUNTY,
TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carded unanimously.
45. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and KDRC II Limited Partnership, relating to the purchase of
approximately 0.4221 acres of land located in the T. Toby Survey, Abstract No. 1288, for use as
a water storage tank expansion site; authorizing the expenditure of funds therefore; and
providing an effective date.
The following ordinance was considered:
NO. 2000-314
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND KDRC II LIMITED PARTNERSHIP, RELATING TO THE
PURCHASE OF APPROXIMATELY 0.4221 ACRES OF LAND LOCATED IN THE
T. TOBY SURVEY, ABSTRACT NO. 1288, FOR USE AS A WATER STORAGE
TANK EXPANSION SITE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinances for Items #45 anad #46. On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carded unanimously.
873
874
City of Denton City Council Minutes
September 5, 2000
Page 15
46.
NO. 2000-315
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND LOCUST/288 PARTNERS LTD., RELATING TO THE
PURCHASE OF APPROXIMATELY 3.98 ACRES OF LAND LOCATED IN THE T.
TOBY SURVEY, ABSTRACT NO. 1288, FOR USE AS A WATER STORAGE TANK
EXPANSION SITE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
47. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a first amendment to the Professional Services
Agreement dated January 5, 1999, by and between the City and Navigant Consulting, Inc., for
further consulting services pertaining to electric restructuring matters and the possible divestiture
of the City's electric generation assets; authorizing the expenditure of funds therefore; providing
for retroactive effect of the amendment to the agreement; and providing an effective date.
The following ordinance was considered:
NO. 2000-316
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT DATED JANUARY 5, 1999, BY AND BETWEEN THE
CITY AND NAVIGANT CONSULTING, INC., FOR FURTHER CONSULTING
SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE
POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION ASSETS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR
RETROACTIVE EFFECT OF THE AMENDMENT TO THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Brock "aye". Motion carded with a 6-1 vote.
48. The Council considered approval of a resolution authorizing the City Manager to execute
impact fee incentive grant agreements with the Habitat for Humanity of Denton and the Denton
Affordable Housing Corporation Inc., and with future applicants who meet program guidelines;
adopting new program guidelines to provide for single family equivalent impact fee incentive
grants to pay water and wastewater impact fees for single family affordable housing residential
units; extending and reauthorizing the impact fee incentive grant program for affordable housing;
and providing an effective date.
The following resolution was considered:
NO. R2000-046
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IMPACT
FEE INCENTIVE GRANT AGREEMENTS WITH THE HABITAT FOR HUMANITY
City of Denton City Council Minutes
September 5, 2000
Page 16
OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION INC.,
AND WITH FUTURE APPLICANTS WHO MEET PROGRAM GUIDELINES;
ADOPTING NEW PROGRAM GUIDELINES TO PROVIDE FOR SINGLE FAMILY
EQUIVALENT IMPACT FEE INCENTIVE GRANTS TO PAY WATER AND
WASTEWATER IMPACT FEES FOR SINGLE FAMILY AFFORDABLE HOUSING
RESIDENTIAL UNITS; EXTENDING AND REAUTHORIZING THE IMPACT FEE
INCENTIVE GRANT PROGRAM FOR AFFORDABLE HOUSING; AND
PROVIDING AN EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
53. The Council considered nominations/appointments to the City's Boards and
Commissions.
Council Member Cochran nominated Rick Dugan to the Airport Advisory Board.
Cochran motioned, Young seconded to suspend the rules and vote on the nomination at this
meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously.
On roll vote on the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously.
54. New Business
The following
A.
items of New Business were suggested by Council for future agendas:
Council Member Kristoferson requested quarterly tracking of planning and
population forecasts and have multi-family done by the bedroom rather than the
unit.
Council Member Young requested a proclamation for Troy LaGrone for all his
years of community service.
Council Member Burroughs requested a 12 month perspective on what was
developed in the last 12 months divided by densities.
Council Member Cochran requested a reconsideration of the minutes of August 23~a meeting.
Cochran motioned, Burroughs seconded to reconsider approval of the minutes of August 23,
2000. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson
"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously.
Cochran motioned, Young seconded to add to the minutes of August 23, 2000 his statement to
include future joint meetings with the County and DISD to discuss school disciplinary policies
and Student Resource Officers. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded
unanimously.
875
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City of Denton City Council Minutes
September 5, 2000
Page 17
55. Items from the City Manager
City Manager Jez did not have any items for the Council.
56. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
57. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
Following the completion of the Regular Meeting, the Council convened into a Work Session to
consider the following:
1. The Council received a report, held a discussion, and gave staff direction regarding a
draft Annexation and Consent Agreement proposed for the establishment of a County
Development District for the "Arena Project," an approximate 254-acre tract located west of
Sherman Drive (FM 428), approximately 3,600 feet north of Loop 288 in the extraterritorial
jurisdiction of the City of Denton.
Linda Ratliff, Director of Economic Development, stated that at the June 27th Council meeting,
Council directed staff to work with the developers of this proposal to draft a contract. Major
issues included: annexation - contract covenant binding future property owners to an annexation
agreement and reduce the number of residential lots to 99 or less; project design - contract
development would comply with the development regulations in effect at the time of
development; utilities - would be extended at the developer's cost and would have to contract
with the City for all services; contract for fire and police protection with the City; transportation -
no specific improvements at this point in time but rather wait until the time of zoning or platting
for a complete picture of what the project would be; traffic impact study revised and
improvements discussed to Highway 428; ownership by the County Development District - if
the CDD owned any of the property it would be a hotel that would be tax exempt. If the CDD
did own any property it would make payments in lieu of taxes in equal amount as though it were
taxable. The property would not be annexed for the first five years. The sales tax revenues
would increase from a quarter cent to a half cent to accelerate payment of the debt. Hotel-motel
tax would be dedicated to the retirement of the debt and the contract indicated that it would be
only applied to the first issuance of bonds. Options for Council to consider were to keep the
contract as is or make changes in the terms, reject the agreement decide on whether to place the
annexation on the September 12th agenda or decline to place the annexation ordinance on an
agenda.
Consensus of the Council was to proceed with both items on the September 12th agenda.
2. The Council received a preliminary assessment, hold a discussion, and gave direction to
staff with regard to the proposed annexation of an approximately 37.8 acre tract of land located
southeast of the comer of Teasley Lane and Hickory Creek Road. (A-lO0, Forester TracO
City of Denton City Council Minutes
September 5, 2000
Page 18
Doug Powell, Director of Planning and Development, stated that this site was currently
surrounded by City property. Staff recommendation was to proceed with annexation of the
property.
Consensus of the Council was to proceed with the annexation.
With no further business, the meeting was adjourned at 11:00 p.m.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
877