Minutes October 03, 2000902
CITY OF DENTON CITY COUNCIL MINUTES
October 3, 2000
The City of Denton City Council held an Informational Briefing Session on Tuesday, October 3,
2000 at 4:00 p.m. in the City Council Chambers.
The Council was to have received a report, hold a discussion, and give staff direction
regarding legislative issues being considered by the 106th Congress of the United States.
As there was no quorum of the Council present, minutes of this meeting were not taken.
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 3, 2000
Regular Meeting of the City of Denton City Council on Tuesday, October 3, 2000 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pm Tem Beasley; Council Members Cochran, Durrance,
Kristoferson and Young.
ABSENT: Council Member Burroughs
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
2. Proclamations
The Mayor presented a proclamation for National Breast Cancer Awareness Month.
The Mayor presented a proclamation for National Domestic Violence Awareness Month to Jane
Ogletree.
The Mayor presented a proclamation for Fire Prevention Week to members of the Fire
Department - Laura Behrens, Chad Weldon, John Gillette, and Rick Jones.
CONSENT AGENDA
Cochran motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances and resolution. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously 6-0.
3. Approved a tax refund to Joe Jenkins. The 1999 property tax was paid twice, resulting in
an overpayment.
4. Approved a tax refund to Moller Oil Co. The 1997 tax value was decreased per
Supplement #41 from Denton Central Appraisal District, resulting in an overpayment.
5. Approved a tax refund to James T. Addington. The 1999 tax was paid twice, resulting in
an overpayment.
6. Approved a tax refund to Fleet Mortgage for Fred and Mary Garcia. The 1999 tax was
paid twice, resulting in an overpayment.
7. Approved a tax refund to Morfison Milling Co. The 1999 tax value was decreased per
Court Order dated 7/19/00, resulting in an overpayment.
8. Approved a tax refund to Morrison Milling Co. The 1999 tax value was decreased per
Court Order dated 7/19/00, resulting in an overpayment.
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October 3, 2000
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NO. 2000-366
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF CARROLLTON
RELATING TO PARTICIPATION OF THE CITY OF DENTON IN THE CITY
OF CARROLLTON CONTRACT WHICH PROVIDES FOR THE PURCHASE
OF OFFICE SUPPLIES AND SIMILAR MATERIAL; AND DECLARING AN
EFFECTIVE DATE. (FILE 2565 - INTERLOCAL AGREEMENT WITH CITY
OF CARROLLTON)
10.
NO. R2000-054
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE
INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED
RETAINED EARNINGS OF THE ELECTRIC FUND WITH REVENUE
BONDS SO THAT PROJECTS MORE FULLY DESCRIBED IN THE
ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND
PROVIDING AN EFFECTIVE DATE.
11.
NO. 2000-367
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TWO POWER TRANSFORMERS;
REJECTION OF CERTAIN BDS NOT MEETING SPECIFICATIONS;
PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2557 - POWER
TRANSFORMERS AWARDED TO WAUKESHA ELECTRIC SYSTEMS IN
THE AMOUNT OF $466,200 EACH OR $932,400 FOR TWO)
PUBLIC HEARINGS
12. The Council held a public heating and considered adoption of an ordinance of the City of
Denton, Texas designating a certain area within the City limits of Denton as Reinvestment Zone
No. III for commercial/industrial tax abatement; establishing the botmdaries of such Zone,
making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code;
ordaining other matters relating thereto; providing a severability clause; providing for repeal; and
providing an effective date.
Linda Ratliff, Director of Economic Development, stated that some changes had been made to
the ordinance. The reinvestment zone would change after five years instead of ten years. The
agreement was changed to read December instead of October.
Council Member Cochran asked if light manufacturing would fall under the Freeport Tax.
Ratliff stated that if they carried inventory they would.
Council Member Cochran asked if this was in a county development district.
City of Denton City Council Minutes
October 3, 2000
Page 3
Ratliff stated that it was. She also stated that the Mayor and Council could ask the county to
dissolve the county development district if they chose to.
The Mayor opened the public hearing.
The following individuals completed a Speaker Card but did not wish to speak:
Carol and Ed Soph, 1620 Victoria - opposition
Jim Alexander, 1412 Sandy Creek, spoke in support. His only concern was that safeguards were
built into the agreement to protect the taxing entity in the community. He felt that the City had
adequately covered this.
The Mayor closed the public hearing.
The Mayor asked about the tax revenue history.
Ratliffprovided Council with a ten-year history with appraisal, tax revenue and tax rate history.
The following ordinance was considered:
NO. 2000-368
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT
ZONE NO. III FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT;
ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS
REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS
TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the ordinance. On roll vote, Beasley "aye",
Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carded 5-1.
13. The Council held the second 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 TracO
The Mayor opened the public heating.
No one spoke during the public hearing.
The Mayor closed the public heating.
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ITEMS FOR INDIVIDUAL CONSIDERATION
14.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX
ABATEMENT AGREEMENT WITH BIG D PROPERTIES, INC. SETTING
FORTH ALL THE REQUIRED TERMS OF THE TAX ABATEMENT
AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF
THE TEXAS TAX CODE; SETTING FORTH THE VARIOUS CONDITIONS
PRECEDENT TO BIG D PROPERTIES, INC. RECEIVING THE TAX
ABATEMENT; AND FURTHER AUTHORIZING THE MAYOR TO
EXECUTE AN ELECTRIC SERVICE AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND BIG D PROPERTIES, INC.; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the ordinance. On roll vote, Beasley "aye",
Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Brock "aye".
Motion tied 3-3.
Herb Prouty, City Attorney, advised the Council that this item would have to be put on the next
agenda with a full council for a vote to break the tie.
15. The Council considered a variance on perimeter streets, section 34-114(5) of the code.
The 0.519 acre property was legally described as Lots 1-3, Block A of Behning Place and was
located on May St. east of Ruddell St. Residential development was proposed. The Planning
and Zoning Commission recommended denial (4-2). (V-O0-O07, Behning Place)
Allen Bushell spoke on behalf of the Behnings and in favor of the variance request.
Young motioned, Cochran seconded to approve the variance. On roll vote, Beasley "nay",
Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Brock "nay".
Motion failed 2-4.
16. NO. 2000-369
AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS, TO
JOIN "THE STEERING COMMITTEE OF CITIES PARTICIPATING IN THE
TXU FRANCHISE LITIGATION" RELATING TO THE CAUSE OF ACTION
STYLED THE CITY OF DENTON, TEXAS VS. TEXAS UTILITIES COMPANY
AND LONE STAR GAS COMPANY OR SUCH OTHER CAUSES OF ACTION
AS SUCH STEERING COMMITTEE MAY DETERMINE SEEKING
DELINQUENT FRANCHISE FEES FROM TXU, LONE STAR GAS AND
OTHER ENTITIES ASSOCIATED WITH TXU; AUTHORIZING THE CITY
OF DENTON TO SERVE AS TREASURER OF THE STEERING
COMMITTEE; AUTHORIZING THE EXPENDITURE OF FUNDS FOR
ATTORNEY AND EXPERT WITNESS FEES; AND PROVIDING AN
EFFECTIVE DATE.
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October 3, 2000
Page 5
Kristoferson motioned, Young seconded to approve the ordinance. On mil vote, Beasley "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously 6-0.
17. NO. 2000-370
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A
REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND
NORTH DENTON PARTNERS, LTD., RELATING TO THE PURCHASE OF
AN APPROXIMATE 20 ACRE TRACT OR PARCEL OF LAND BEING A
PART OF LOT 2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION
TO THE CITY OF DENTON FOR USE AS A REGIONAL DETENTION
POND; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Young seconded to approve the ordinance. On roll vote, Beasley "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carded unanimously 6-0.
18. NO. 2000-371
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND
LOCUST/288 PARTNERS, LTD. AND NORTH DENTON PARTNERS, LTD.,
RELATING TO THE DEVELOPMENT OF AN APPROXIMATE 20 ACRE
TRACT OR PARCEL OF LAND BEING A PART OF LOT 2, BLOCK A OF
THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON,
FOR USE AS A REGIONAL DETENTION POND, AND RELATED
DEVELOPMENT ISSUES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Durrance seconded to approve the ordinance. On roll vote, Beasley "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carded unanimously.
19. The Council considered nominations/appointments to the City's Boards and
Commissions.
There was no nominations/appointments made at this meeting.
20. New Business
Council Member Cochran asked that the City become involved in a movement that other cities
across the nation were involved in to undo racism.
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21. Items from the City Manager
The City Manager reminded the Council of the employee picnic on Sunday, October 8 from
11:30 am to 2:00 p.m.
22. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
23. 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 adjoumed at 7:30 p.m.
JAsKIE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS