Minutes September 26, 2000CITY OF DENTON CITY COUNCIL MINUTES
September 26, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, September 26, 2000 at 5:00 p. m. in the City
of Denton Council Work Session Room
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Kristoferson and Young.
ABSENT: Council Member Durrance
1. Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV'T. CODE Section 551.086.**
The Council received competitive electric and commercial information
from Staff, discussed, deliberated, and considered final action and
approval of a First Amendment to the Interruptible Natural Gas
Transportation Agreement by and between the City of Denton and TXU
Lone Star Pipeline, dated December 14, 1999, pertaining to natural gas
requirements to be furnished to the Denton Municipal Electric Spencer
Steam Power Plant to be used for the production of electric energy.
The Council received competitive electric and commercial information
from one of the City's Texas Municipal Power Agency ("TMPA") Board
Members and/or City Staff pertaining to certain matters respecting present
and future maintenance issues, financial issues, operational issues, legal
and compliance issues, and other related issues and strategies concerning
the City's interest in, and its business relationship with TMPA; and
discuss, deliberate, consider, and provide such TMPA Board Member
and/or Staffwith direction regarding such matters.
B. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071.
The Council considered and discussed possible settlement authority of
litigation styled Truman and Carole Harp v. City of Denton, Cause No.
98-30822-211, currently pending in the 393rd District Court of Denton
County, Texas.
°
The Council discussed and considered strategy and settlement proposal
with the City's attomeys in litigation styled City of Denton v. Texas
Utilities Company, et al., Cause No. 2000-60109-393 currently pending in
the 393rd District Court of Denton County, and discuss 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.
883
884
City of Denton City Council Minutes
September 26, 2000
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, September 26, 2000 at 6:00
p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Kristoferson and Young.
ABSENT: Council Member Durrance
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 September 5, 2000.
Mayor Pro Tem Beasley stated that Item #14 on page 4 needed a vote added.
Cochran motioned, Young seconded to approve the minutes with the noted correction. On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carried unanimously.
PROCLAMATIONS/PRESENTATIONS
Mayor Brock presented the following Proclamations
a. Prostate Cancer Awareness Month
CITIZEN REPORT
4. The Council received a citizen report from Roosevelt Washington, Jr. regarding a tap fee
for sewer service.
Mr. Washington asked that the sewer tap fee for his property be waived due to the situation of
the dual service on the property. He felt that the fee should be waived in this case.
Council Member Young asked that the Council consider waiving the fees.
City Manager Jez indicated that the tap had been set and staff was waiting collecting of the fee
until after the Council decision regarding this situation. He suggested that the item be considered
at the Council's October l0th work session to address this situation and at that meeting give staff
direction regarding these types of issues.
5. The Council received a citizen report from Dessie Goodson regarding littering and racial
and sexual profiling.
Ms. Goodson stated that the City was not in compliance with the ADA regulations for
handicapped sidewalks. She felt that her rights had been violated as she was protesting why the
sidewalks were being torn up and not replaced correctly.
City of Denton City Council Minutes
September 26, 2000
Page 3
NOISE EXCEPTION
6. The Council considered adoption of an ordinance of the City of Denton, Texas, 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. (City of Denton Employee Picnic)
The following ordinance was considered:
NO. 2000-323
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 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. (CITY OF DENTON
EMPLOYEE PICNIC)
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carded unanimously.
CONSENT AGENDA
Mayor Brock indicated that Item #35 had been pulled and would not be considered.
Council Member Cochran asked to pull Item #24 for separate consideration.
Council Member Durrance arrived at the meeting.
Beasley motioned, Young seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item #24. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
7. NO. 2000-324
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR SERVICE COORDINATION PROGRAM FOR EMERGENCY
FINANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 2523 -
SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL AID
AWARDED TO HELPNET OF THE GREATER DENTON AREA IN THE AMOUNT
OF $22,500)
885
886
City of Denton City Council Minutes
September 26, 2000
Page 4
o
NO. 2000-325
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME
FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID 2524 - INFANT & CHILD
PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORE DAY
NURSERY SCHOOL IN THE AMOUNT OF $38,000)
NO. 2000-326
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (BID 2525 - CHILDCARE
PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO DENTON CITY-
COUNTY DAY SCHOOL IN THE AMOUNT OF $26,000)
10.
NO. 2000-327
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID 2526A - PRENATAL PROGRAM
FOR LOW-INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, INC.
FOR $25,000)
11.
NO. 2000-328
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW-
INCOME FAMILIES PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 2527 -
EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME FAMILIES
AWARDED TO INTERFAITH MINISTRIES OF DENTON FOR $17,250)
12.
NO. 2000-329
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS
INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE. (BID 2528 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS
INTERVENTION AND PREVENTION PROGRAM AWARDED TO DENTON
COUNTY FRIENDS OF THE FAMILY IN THE AMOUNT OF $36,000)
City of Denton City Council Minutes
September 26, 2000
Page 5
13.
NO. 2000-330
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW-iNCOME &
HOMELESS FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDiNG FOR AN EFFECTIVE DATE. (BID 2529 - SELF-
SUFFICIENCY PROGRAM FOR LOW-INCOME & HOMELESS FAMILIES
AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000)
14.
NO. 2000-331
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR CONGREGATE & HOME DELWERED MEAL PROGRAM FOR
SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVDING FOR AN EFFECTWE DATE. (BID 2530A -
CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR
CITIZENS AWARDED TO SPAN iNC. IN THE AMOUNT OF $29,000)
15.
NO. 2000-332
AN ORDiNANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG TWO
PUBLIC WORKS CONTRACTS FOR THE CONSTRUCTION OF PRE-
ENGINEERED/PREFABRICATED METAL BUILDING; PROVIDiNG FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2561 - METAL BUILDING(S) AND "t' SHED iN THE AMOUNT OF
$85,024)
16.
NO. 2000-333
AN ORDiNANCE PROVIDiNG FOR THE EXPENDITURE OF FUNDS FOR AN
EMERGENCY PURCHASE OF URD ELECTRIC POWER CABLE IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTiNG SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND
PROVIDING AN EFFECTIVE DATE. (PO 07933 - TEMPLE, iNC. iN THE
AMOUNT OF $689,665.00)
17.
NO. 2000-334
AN ORDINANCE AUTHORIZiNG THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH SCHRICKEL, ROLLINS AND
ASSOCIATES, iNC. TO PROVIDE FOR THE AQUATIC CENTER CONCEPT PLAN
AND BUSINESS PLAN FOR THE CITY OF DENTON PARKS DEPARTMENT AS
SET FORTH IN TI-IE CONTRACT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP 2548 -
PROFESSIONAL SERVICES AGREEMENT FOR AQUATIC CENTER CONCEPT
PLAN AND BUSINESS PLAN AWARDED TO SCHRICKEL, ROLLiNS &
ASSOCIATES, INC. IN THE AMOUNT OF $111,500)
887
888
City of Denton City Council Minutes
September 26, 2000
Page 6
18.
NO. 2000-335
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 (HGAC) FOR THE
ACQUISITION OF A SEWER FLUSHING TRUCK BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (PO 07554 TO HGAC/UNDERGROUND INC. IN THE AWARD OF
$78,425.52)
19.
NO. 2000-336
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR JANITORIAL SERVICES; PROVIDING FOR THE
EXPENDITURE OF FLrNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID 2552 - JANITORIAL SERVICES AWARDED TO ONE SOURCE
FACILITY SERVICES, INC. IN THE AMOUNT OF $294,431.00)
20.
NO. 2000-337
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A BIOCHEMICAL OXYGEN DEMAND
(BOD) WORKSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2556 -
BIOCHEMICAL OXYGEN DEMAND SYSTEM AWARDED TO LABTRONICS,
INC. IN THE AMOUNT OF $28,529)
21.
NO. 2000-338
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF STEEL STRUCTURES AND EQUIPMENT
FOR POCKRUS SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2559 - POCKRUS
SUBSTATION STEEL STRUCTURE MATERIAL AND EQUIPMENT AWARDED
TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $88,498)
22.
NO. 2000-339
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MISCELLANEOUS MATERIAL FOR
RECONSTRUCTION OF THE DENTON NORTH TO NORTH LAKES 69KV
TRANSMISSION LINE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2566 - 138KV
POLE HARDWARE AND CROSSARMS IN THE AMOUNT OF $81,314)
City of Denton City Council Minutes
September 26, 2000
Page 7
23.
NO. 2000-340
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
ANNUAL CONTRACT FOR THE PURCHASE OF ZETAG 7878 (FORMERLY
PERCOL 778), A PRODUCT ONLY AVAILABLE FROM ONE SOURCE IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (FILE 2568 - AWARDED TO FORT BEND
SERVICES, INC. AT 1.36 PER GALLON - ANNUAL ESTIMATED USAGE IS
25,000 GALLONS OR $52,000)
25.
NO. 2000-342
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PORTABLE AND MOBILE 800 MHZ RADIOS AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 07577 -
MOTOROLA IN THE AMOUNT OF $36,988.95)
26.
NO. 2000-343
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES (LAPTOP COMPUTERS) AS AWARDED
BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE
QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE
PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (PO 07562 TO MOBILE DYNAMICS
COMPUTERS USA IN THE AMOUNT OF $49,568)
27.
NO. 2000-344
AN ORDINANCE SETTING GUIDELINES FOR OPERATION OF THE CITY OF
DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA
FOR THE 2000 GRANT YEAR, AUTHORIZING EXPENDITURES IN EXCESS OF
$15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA;
AND PROVIDING AN EFFECTIVE DATE.
28.
NO. 2000-345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM
AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF
$15,000 FOR PROJECTS MEETING THE PROGRAM GUIDELINES AND
CRITERIA; AND PROVIDING AN EFFECTIVE DATE.
889
890
City of Denton City Council Minutes
September 26, 2000
Page 8
29.
NO. 2000-346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME
IMPROVEMENT AND OPTIONAL RECONSTRUCTION PROGRAMS AND
ELIGIBILITY CRITERIA FOR THE 2000 GRANT YEAR; AUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
30. This item was pulled from consideration.
31. NO. 2000-347
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS
AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
32.
NO. 2000-348
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF
DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE
PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
33.
NO. R2000-048
A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1995 ACTION
PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN
JUNE 1995 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED
AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
34.
NO. R2000-049
A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1996 ACTION
PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN
JUNE 1996 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED
AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT
City of Denton City Council Minutes
September 26, 2000
Page 9
OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
35. This item was pulled from consideration.
36. NO. 2000-349
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CITY'S
PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
37.
NO. 2000-350
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
FORCE MAIN AND LIFT STATION COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL
DISTRICT FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER
FORCE MAIN AND LIFT STATION AND IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
38.
NO. 2000-351
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
EMCON, A TEXAS CORPORATION, FOR ENGINEERING SERVICES
PERTAINING TO CONSTRUCTION MANAGEMENT AND TESTING SERVICES
DURING THE CONSTRUCTION PHASE TO THE EXPANSION OF CITY OF
DENTON LANDFILL CELLS 2A AND 2B; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
39.
NO. 2000-352
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
CAMP DRESSER & MCKEE, INC. FOR ENGINEERING SERVICES PERTAINING
TO THE FINAL DESIGN OF; THE PREPARATION OF ENGINEERING PLANS,
SPECIFICATIONS, AND RELATED BID DOCUMENTS FOR; TOGETHER WITH
OTHER PROFESSIONAL ENGINEERING SERVICES INCIDENT TO THE
CONSTRUCTION AND EXPANSION OF THE PECAN CREEK WATER
RECLAMATION PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
891
City of Denton City Council Minutes
September 26, 2000
Page 10
40.
41.
42.
43.
44.
NO. 2000-353
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SHIMEK, JACOBS & FINKLEA, L.L.P., FOR ENGINEERING SERVICES
PERTAINING TO THE DESIGN OF AND THE PREPARATION OF
CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON
900 SERVICES LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE
TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
NO. 2000-354
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ADS ENVIRONMENTAL SERVICES, INC., FOR ENGINEERING SERVICES
PERTAINING TO A SMOKE-TESTING STUDY OF THE HICKORY CREEK
SANITARY SEWER BASIN; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
NO. 2000-355
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ADS ENVIRONMENTAL SERVICES, INC., FOR ENGINEERING SERVICES
PERTAINING TO THE CLOSED CIRCUIT TELEVISION INSPECTION OF MIDDLE
PECAN SEWER BASINS PH AND P J; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
NO. 2000-356
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL
ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES
WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY.
NO. 2000-357
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON
COUNTY ELECTRIC COOPERATIVE, INC., DBA COSERVE ELECTRIC TO
PROVIDE ELECTRIC SERVICE FOR CITY STREET LIGHTS IN SUBDIVISIONS
THAT COSERVE PROVIDES ELECTRIC SERVICE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
September 26, 2000
Page 11
45.
NO. R2000-050
A RESOLUTION TO APPROVE CERTAIN MATTERS AS REQUIRED BY
SECTION 147(F) OF THE INTERNAL REVENUE CODE IN CONNECTION WITH
THE ISSUANCE OF OBLIGATIONS BY THE MILFORD HIGHER EDUCATION
FACILITIES CORPORATION FOR THE BENEFIT OF LIBERTY CHRISTIAN
MINISTRIES, INC.; AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARINGS
46. The Council held a public heating inviting citizens to comment on the proposed usage of
the 1999 Local Law Enforcement Block Grant fimding.
The Mayor opened the public heating.
No one spoke during the public hearing.
The Mayor closed the public hearing.
47. The Council held a public hearing and considered adoption of an ordinance approving a
Detailed Plan for Section A-3 of the Preserve at Pecan Creek in Planned Development (187).
The 41.7 acre property was located on the south side of Pockrus Page Road west of Swisher
Road. Residential development was proposed. The Planning and Zoning Commission
recommended approval (6-0) with conditions. (Z-O0-11, The Preserve at Pecan Creek, Section
A-3)
Doug Powell, Director for Planning and Development, stated that 194 units were proposed for
the 41.7 acres. Staff was not clear on the intent of the Planning and Zoning Commission
regarding condition #1. He suggested Council clarify that recommendation.
Council Member Cochran suggested clarifying the wording to state a wooden privacy fence with
brick columns every 50 feet.
The Mayor opened the public hearing.
The following individuals spoke during the public heating:
Marc Footlic - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-358
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AGRICULTURE (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT-187
8 913
8'.9 4
City of Denton City Council Minutes
September 26, 2000
Page 12
(PD-187) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 42 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF
POCKRUS PAGE RD. WEST OF SWISHER RD.; APPROVING A DETAILED PLAN;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z-00-11)
Beasley motioned, Young seconded to adopt the ordinance with the amendments as suggested by
the Planning and Zoning Commission plus a wooden privacy fence would be built on Pockrus
Page with brick columns every 50 feet and the inclusion of photographs indicating the design
standards that would be used in the development. 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.
48. The Council continued 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 was 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-O12, The
Preserve at Pecan Creek - Section M)
Doug Powell, Director of Planning and Development, stated that the Planning and Zoning
Commission had recommended the proposal with no conditions.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Marc Footlic - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-359
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AGRICULTURE (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT-187
(PD-187) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 42 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF
POCKRUS PAGE RD. WEST OF SWISHER RD.; APPROVING A DETAILED PLAN;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z-00-11)
City of Denton City Council Minutes
September 26, 2000
Page 13
Kristoferson motioned, Cochran seconded to adopt the ordinance with the condition that the site
design would be no less restrictive than previous phases. 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.
49. The Council held a public hearing and considered approving a Detailed Plan/Project Plan
for a Planned Development District 188 (PD-188) for University Courtyard. The 18.2 acre
property was located at the southwest comer of Bonnie Brae and West Hickory. Multifamily
development was proposed. The Planning and Zoning Commission recommended approval (5-
1) with conditions. (Z-O0-O14, University Courtyard)
Doug Powell, Director of Planning and Development, stated that this was a combined application
under the interim regulations. The Planning and Zoning Commission recommended approval
with five conditions as noted in the agenda materials. The Planned Development would allow
the buildings to be moved closer to Bonnie Brae and would allow a variance from the parking
regulations so as to not meet the minimum regulations.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Matt Marshall, 348 Enterprise Drive, Dallas - favor
Phil Dieble, UNT - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-360
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
2000-311 TO PROVIDE FOR A DETAILED/PROJECT PLAN FOR 18.2 ACRES
LOCATED WITHIN PLANNED DEVELOPMENT 188 (PD-188) ZONING
DISTRICT;THE SUBJECT PROPERTY BEING 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 AN EFFECTIVE DATE.
(z-00-014)
Young motioned, Burroughs seconded to adopt the ordinance with the conditions as
recommended by the Planning and Zoning Commission and the landscape plan as shown
regarding the parking lot. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"nay", Kristoferson "aye", Young "aye", and Mayor t~rock "aye". Motion carried with a 6-1 vote.
50. The Council held the first of two public hearings regarding a proposed voluntary
annexation of an approximately 37.8 acre tract of land located southeast of the comer of Teasley
Lane and Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas.
(A-lO0, Forester Tract)
895
8 6
City of Denton City Council Minutes
September 26, 2000
Page 14
Doug Powell, Director of Planning and Development, stated that the proposal was to annex the
property with an agricultural designation. This was a voluntary application for annexation.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public heating.
ITEMS FOR INDIVIDUAL CONSIDERATION
Item//24 fi.om Consent Agenda was considered.
24. NO. 2000-341
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PROMOTIONAL COMMERCIAL SPOT AIRTIMES AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF THE
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 07555 -
CHARTER MEDIA IN THE AMOUNT OF $36,608)
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried with a 6-1 vote.
51. The Council considered approval of a resolution appointing members to the Board of
Directors of the North Texas Higher Education Authority; and declaring an effective date.
The following resolution was considered:
NO. R2000-051
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE.
Burroughs motioned, Beasley 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.
52. The Council considered appointing a voting delegate and an alternate voting delegate to
the National League of Cities Annual Congress of Cities.
Mayor Pro Tern Beasley nominated Mayor Brock and Council Member Young. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 26, 2000
Page 15
53. The Council considered the appointment of two Deputy City Secretaries.
Burroughs motioned, Cochran seconded to approve the appointment Judie Talbot and Laurie
Pearson as Deputy City Secretaries to handle beer and wine permits. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
54. The Council considered nominations/appointments to the County Development District
Board of Directors.
Council Member Burroughs nominated Mark Chew.
Mayor Brock nominated Rick Svehla.
On roll vote on the above nominations, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously.
55. This item was pulled from consideration.
56. The Council considered adoption of an ordinance authorizing the City Manager to
execute an agreement for a grant with the Texas State Library and Archives Commission to
provide library services to preschool children in day care centers; ratifying the actions of the City
Manager, Director of the Library, and other City officials in regard to the grant application, and
providing an effective date.
The following ordinance was considered:
NO. 2000-361
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL
CHILDREN IN DAY CARE CENTERS; RATIFYING THE ACTIONS OF THE CITY
MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN
REGARD TO THE GRANT APPLICATION, AND PROVIDING AN EFFECTIVE
DATE.
Kristoferson 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.
57. The Council considered adoption of an ordinance authorizing the City Manager to sign an
agreement partially releasing an easement granted to the City from a blanket easement
previously assigned to the City of Denton from Brazos Electric Power Cooperative; and
providing an effective date.
897
The following ordinance was considered:
898
City of Denton City Council Minutes
September 26, 2000
Page 16
NO. 2000-362
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN
AGREEMENT PARTIALLY RELEASING AN EASEMENT GRANTED TO THE
CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY
OF DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE; AND
PROVIDING AN EFFECTIVE DATE.
Young 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.
58. The Council considered adoption of 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 regarding
representation of the City before the Public Utilities Commission of Texas in Docket Numbers
22344 and 22350, in the areas of public utility regulatory law and administrative law, respecting
the activities of Denton Municipal Electric; authorizing the expenditure of funds therefore;
providing for retroactive effect of the agreement; and providing an effective date.
The following ordinance was considered:
NO. 2000-363
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 REGARDING REPRESENTATION OF
THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS IN
DOCKET NUMBERS 22344 AND 22350, IN THE AREAS OF PUBLIC UTILITY
REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE
ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE
EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Yotmg "aye", and Mayor
Brock "aye". Motion carried unanimously.
59. The Council considered and took action on a request for relief from the Residential
Interim Regulations Ordinance 2000-046 for a 12.2 acre parcel south of Longridge, east of
Teasley and west of Lynhurst. The property was in a Single Family Dwelling-10 (SF-10) zoning
district. (RR-O0-018, Longridge Estates)
Doug Powell, Director of Planning and Development, stated that this was a request for relief
from the interim regulations. Without the relief, the developer would have to submit a zoning
plan and a project plan and comply with all of the standards of the interim regulations. This area
was not in an environmentally sensitive area.
City of Denton City Council Minutes
September 26, 2000
Page 17
Allen Bucell spoke in favor of the request.
Jim Strange spoke in favor of the request.
Cochran motioned, Young seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carded unanimously.
60. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas urging the Texas Municipal League to support the amendment of Texas State
Law to provide for funding under H.R. 701, the Conservation and Reinvestment Act, CARA,
pending federal legislation.
The following resolution was considered:
NO. R2000-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT THE AMENDMENT
OF TEXAS STATE LAW TO PROVIDE FOR FUNDING UNDER H.R. 701, THE
CONSERVATION AND REINVESTMENT ACT, CARA, PENDING FEDERAL
LEGISLATION.
Cochran motioned, Young seconded to approve the resolution. On mil vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
The agenda addendum items were considered.
1. The Council considered adoption of an ordinance authorizing the City Manager to file an
application, execute a grant, and subsequent amendments with the U.S. Department of
Transportation Federal Transit Administration for a grant authorized by 49 U.S.C., Section 5307;
and providing an effective date.
The following ordinance was considered:
NO. 2000-364
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN
APPLICATION, EXECUTE A GRANT, AND SUBSEQUENT AMENDMENTS WITH
THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT
ADMINISTRATION FOR A GRANT AUTHORIZED BY 49 U.S.C., SECTION 5307;
AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Kristoferson 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.
899
900
City of Denton City Council Minutes
September 26, 2000
Page 18
2. The Council considered adoption of an ordinance authorizing the City Manger to make
an application with and then to execute a public transportation agreement and subsequent
amendments with the Texas Department of Transportation for funding public transportation; and
providing an effective date.
The following ordinance was considered:
NO. 2000-365
AN ORDINANCE AUTHORIZING THE CITY MANGER TO MAKE AN
APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION
AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC
TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Beasley 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.
61. The Council considered nominations/appointments to the City's Boards and
Commissions.
There were no nominations/appointments made at this meeting.
62. New Business
The following items of New Business were suggested by Council Members for future agendas:
Council Member Kristoferson asked for a clarification of the definition of open
space.
Council Member Cochran asked for a discussion regarding the licensing and
taxing of 8-liners.
Council Member Young asked for consideration of a dog poop ordinance.
63. Items from the City Manager
City Manager Jez did not have any items for Council.
64. The Council continued a Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act after the completion of the Work Session and Special Called Session.
65. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
Following completion of the Regular Meeting, the Council convened into a Work Session.
City of Denton City Council Minutes
September 26, 2000
Page 19
1. The Council received a report, held a discussion, and gave staff direction regarding a tax
abatement request from Big D Properties, Inc. for redevelopment of the Texas Instnnnents
facility.
Linda Ratliff, Director of Community Development, reviewed the pros and cons of the tax
abatement request as discussed by the Joint Tax Abatement Committee and as noted in the
agenda materials.
Mike Kevlin spoke in favor of the proposal.
Consensus of the Council was to prepare the necessary documents for consideration of the tax
abatement.
Following completion of the Work Session, the Council convened into a Special Session to
consider the following:
1. The Council considered approval of a resolution of the City of Denton, Texas calling a
public hearing to consider establishing a Reinvestment Zone III for Big D Properties, Inc.;
ratifying prior actions; and declaring an effective date.
The following resolution was considered:
NO. R2000-053
A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC
HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE III FOR BIG
D PROPERTIES, INC.; RATIFYING PRIOR ACTIONS; AND DECLARING AN
EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to approve the resolution. On mil vote, Beasley
"aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kfistoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carried with a 6-1 vote.
With no further business, the meeting was adjourned at 10:30 p.m.
EULINE BROCK, MAYOR
~t'F~FI~R WAL TI~R~
kC,'ITY SECRETARY
CITY OF DENTON, TEXAS
901