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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. 903 904 City of Denton City Council Minutes October 3, 2000 Page 2 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. 905 906 City of Denton City Council Minutes October 3, 2000 Page 4 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. City of Denton City Council Minutes 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. 907 908 City of Denton City Council Minutes October 3, 2000 Page 6 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