Minutes March 06, 200164
CITY OF DENTON CITY COUNCIL MINUTES
March 6, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, March 6, 2001 at 5:00 p. m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Brock; Council Members Burroughs, Cochran, Durrance, Kristoferson and
Young.
ABSENT: Mayor Pro Tem Beasley
1. The Council considered the following in Closed Meeting:
A. Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT
CODE Section 551.072.
(1)
Received information from Staff, discussed, deliberated, considered, took
action on, and provided Staff with direction pertaining to the location of,
the purchase price of, the possible terms of sale, and valuation issues
respecting the possible cumulative acquisition of approximately 50 acres
of real property situated within the J. Scott Survey, Abstract No. 1222, and
the W. Wilbum Survey, Abstract No. 1419, and the A. Meyers - Johnson
Survey, Abstract No. 1699, and the adjacent unnumbered M.E.P. & P.R.R.
Survey to the south of said Meyers - Johnson Survey, and the G. Barb
Survey, Abstract No. 208 in Denton County, Texas; such tracts of land
being north of and adjacent to the northern limits of the Denton Municipal
Airport property. (Masch Branch Road & Jim Christal Road area)
B. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071.
(1)
Received a further briefing from the City's attorneys, and considered,
discussed, strategized and took action on whether or not to intervene as a
party in TNRCC Docket No. 2000-1412-AIR (Martin Marietta Materials
of Texas, Inc.); or in the alternative, whether to take other legal action
pertaining thereto, where to discuss these matters in public would conflict
with the duty of the City's attorneys under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
(2)
Discussed and considered strategy and status of litigation with the City's
attorneys in litigation styled City of Denton, et al v. TXU Electric
Company, et al, Cause No. 009383 currently pending in the 134th District
Court of Dallas County, Texas, and discussed legal issues concerning this
litigation with the attorneys where to discuss these matters in public would
conflict with the duty of the City's attorneys to the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
Regular Meeting of the City of Denton City Council on Tuesday, March 6, 2001 at 6:00 p.m. in
the Council Chambers at City Hall.
City of Denton City Council Minutes
March 6, 2001
Page 2
1. Pledge of Allegiance - Led by children from the Denton Community
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 FebrUary 2, February 6, February 9,
February 12, February 13, February 19, February 20, February 21, and February 27, 2001.
Burroughs motioned, Durrance seconded to approve the minutes as presented. On roll vote,
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
PRESENTATIONS
3. March Yard of the Month Awards
Mayor
Brock presented Yard of the Month Awards to:
Jim and Judy Smith
Jack and Janice Dobbs
Mary and D. E. Rowan, Jr.
Dan and Carolyn Cunningham
Betty Barton
Peggy and Orvid Fox
Turbo Refrigerating Company
4. Presentations
a. Randy Moravek presented a Certificate of Achievement for Excellence in
Financial Reporting by the Government Finance Officer's Association for Denton's
Comprehensive Annual Financial Report for the fiscal year ended September 30, 1999.
b. Randy Moravek presented a Distinguished Budget Presentation Award on the
1999-00 Denton Budget by the Government Finance Officer's Association.
CITIZEN REPORTS
5. Andee Chamberlain regarding removal of drop-off recycling centers.
Ms. Chamberlain stated that she understood that drop-off centers would be removed when the
curbside recycling program was started. She requested as many sites be left open as possible for
residents who live in apartments and could not use the curbside recycling program.
6. Dorothy Framanty regarding issues with Municipal Court procedures.
Ms. Framanty was not present at the meeting.
City of Denton City Council Minutes
March 6, 2001
Page 3
NOISE EXCEPTIONS
7. The Council considered a request for an exception to the noise ordinance for construction
activity for the University Courtyard Apartments between 8:00 a.m. and 1:00 p.m. on Sundays
by Rea Construction Company at 200 S. Bonnie Brae Street on Sundays from March 4, 2001
until August 5, 2001.
Burroughs motioned, Young seconded to approve the request with the condition that upon
receipt of a noise complaint, the item would be returned to Council at the next called meeting for
review. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Brock "aye". Motion carried unanimously.
CONSENT AGENDA
Mayor Brock stated that Item # 12 was pulled from consideration.
Council Member Kristoferson asked that Item #23 be pulled for separate consideration.
Council Member Young asked that Items #22 and #23 be pulled for separate consideration.
Council Member Cochran asked that Items #25 and #31 be pulled for separate consideration.
Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions with the exception of Items #22, #23, #25~ and #31. On roll vote,
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried unanimously.
8. NO. 2001-098
AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE
OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. NO. 2001-099
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON AND
PROVIDING FOR AN EFFECTIVE DATE.
10. NO. 2001-100
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON, SPAN~ INC. AND THE
UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER
PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
March 6, 2001
Page 4
11.
NO. 2001-101
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR
PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF FULBRIGHT &
JAWORSKI, LLP. FOR SERVICES PERTAINING TO OBTAINING A PRIVATE
LETTER RULING FROM THE INTERNAL REVENUE SERVICE RESPECTING
THE ISSUANCE OF TAX-EXEMPT DEBT TO REFINANCE OUTSTANDING
TEXAS MUNICIPAL POWER AGENCY DEBT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE
APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
12. This item was not considered.
13.
Approved a tax refund to Thomas E & Margaret Hook in the amount of $582.01. The
2000 property tax was paid twice.
14.
Approved a tax refund to Pitney Bowes in the amount of $8,216.31. The 1999 property
tax was paid twice.
15.
Approved a tax refund to Mary Gonzales in the amount of $679.43. The 2000 property
tax was paid twice.
16.
Approved a tax refund to Kevin & Laurie Pearson in the amount of $629.75. The 2000
property tax was paid twice.
17.
Approved a tax refund to Richard Andrew in the amount of $2,357.82. The 1999
property tax was paid twice.
18.
Approved a tax refund to Scott Brown in the amount of $1,333.91. The 2000 property
tax was paid twice.
19.
Approved of a tax refund to Countrywide Home Loans in the amount of $2,137.29. The
2000 property tax was paid twice.
20.
Approved a tax refund to Jerry Kelsoe in the amount of $7,814.17. Mr. Kelsoe
erroneously paid his Denton County and DISD taxes to the City of Denton.
21.
NO. 2001-102
AN ORDINANCE APPROVING THE ASSIGNMENT OF A PUBLIC WORKS
CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND HENDERSON
CONSTRUCTION, L.L.P. FOR THE CONSTRUCTION OF CERTAIN MUNICIPAL
IMPROVEMENTS KNOWN AS THE WESTERN PECAN/COOPER CREEK
PROJECT TO KEBO SERVICES, INC, WHICH CONTRACT WAS PREVIOUSLY
AWARDED BY THE CITY COUNCIL PURSUANT TO ORDINANCE NO. (2000-
276); AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT
OF BEHALF OF THE CITY AND AUTHORIZING THE EXPENDITURE OF FUNDS
67
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City of Denton City Council Minutes
March 6, 2001
Page 5
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2531 -
INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK &
COOPER CREEK, ASSIGNED TO KEBO SERVICES, INC. IN THE AMOUNT OF
$683,930).
24.
NO. 2001-105
AN ORDINANCE ACCEPTING PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR THE PURCHASE OF 800 MHZ MOBILE RADIOS AND ACCESSORIES
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE (PO 13144 - MOTOROLA CUSTOMER CONNECTION, IN THE AMOUNT
OF $60,353.15 FOR MOBILE RADIOS).
26.
NO. 2001-107
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY OF ELECTRIC METERS, CURRENT
TRANSFORMERS, AND METER SOCKETS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2617 - ELECTRIC METERS, CURRENT TRANSFORMERS AND
METER SOCKETS AWARDED TO MULTIPLE SUPPLIERS IN THE ANNUAL
ESTIMATED AMOUNT OF $225,000).
27.
NO. 2001-108
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TWO POLICE MOTORCYCLES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2635 - POLICE MOTORCYCLES
AWARDED TO CYCLE CENTER OF DENTON IN THE AMOUNT OF $19,800).
28.
NO. 2001-109
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE MOBILE VIDEO CAMERA
SYSTEMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2641 - POLICE MOBILE VIDEO
CAMERA SYSTEMS AWARDED TO MOBILE VISION IN THE AMOUNT OF
$233,225).
29.
NO. 2001-110
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A
40 KVA / 32 KW UNINTERRUPTED POWER SUPPLY (UPS) AND
INSTALLATION AS APPROVED BY THE STATE OF TEXAS GENERAL
SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION
City of Denton City Council Minutes
March 6, 2001
Page 6
SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 12574 TO DATACOM POWER,
INC. IN THE AMOUNT OF $39,881).
30.
NO. 2001-111
AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDING
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION
AND FUNDING OF CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM
INTERSTATE 35 TO US 380; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
32.
NO. R2001-006
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING FEDERAL
FUNDING FOR AIRPORT DEVELOPMENT PROJECTS AT THE DENTON
MUNICIPAL AIRPORT LOCATED IN THE CITY OF DENTON, TEXAS; AND
PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS
33. The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan to rezone 34.1 acres from Planned Development (PD-100) and Single Family (SF-
71[c]35) zoning districts to a Planned Development (PD) zoning district. The property was
generally located north of Robinson Road, between Teasley Lane and State School Road. A
single-family subdivision with an amenity center and open space was proposed. The Planning
and Zoning Commission recommended approval (7-0). (ZP-O0-O08, Robinson Oaks)
Doug Powell, Director of Planning and Development, stated that the proposed planned
development was planned for single-family development. The application was covered by the
interim regulations and was considered under those regulations.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Greg Blalock, representing the petitioner - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR 34.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT
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City of Denton City Council Minutes
March 6, 2001
Page 7
(PD-100) AND SINGLE FAMILY (SF-7[C]35) ZONING DISTRICTS; TO AMEND
PLANNED DEVELOPMENT 100 (PD-100) DISTRICT TO ALLOW FOR SINGLE
FAMILY USES; THE SUBJECT PROPERTY BEING LOCATED NORTH OF
ROBINSON ROAD, EAST OF TEASLEY LANE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Young motioned, Burroughs seconded to adopt the ordinance with the condition that the park
space would never be built on. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay",
Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carded with a 5-1 vote.
34. The Council held a public hearing and considered adoption of an ordinance approving a
Project PlardDetailed Plan on 34.1 acres in a Planned Development (PD) zoning district. The
property was generally located north of Robinson Road, between Teasley Lane and State School
Road. A single-family subdivision with an amenity center and open space was proposed. The
Planning and Zoning Commission recommended approval (7~0). (SP-O0-O09, Robinson Oaks)
Doug Powell, Director of Planning and Development, stated that this ordinance would approve
the project plan/detailed plan on the property Council just zoned. He indicated that some type of
restriction could be place on the property to maintain the park space.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Greg Blalock - favor
Bob Kissam, 2221
drainage
Loon Lake Road, Denton 76210, expressed a concern regarding
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2001-113
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
PROJECT/DETAILED PLAN FOR 34.1 ACRES LOCATED WITHIN A PLANNED
DEVELOPMENT (PD-100) ZONING DISTRICT; THE SUBJECT PROPERTY BEING
LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance with the condition that the open
space would always remain parkland. On roll vote, Burroughs "aye", Cochran "aye", Durrance
"nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried with a 5-1 vote.
City of Denton City Council Minutes
March 6, 2001
Page 8
35. The Council held the second of two scheduled public hearings to hear comments
regarding the City of Denton Draft Development Code and zoning map.
71
Cochran motioned, Burroughs seconded to suspend the Council rules and limit speaker time on
this item to 3 minutes. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay",
Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carded with a 4-2 vote.
The Mayor opened the public heating.
Marty Rivers, 2000 Whitefish Court, Denton, 76210 - represented the Chamber and the
Chamber's position on the Code.
Ronald Slovacek, 3964 Fawn Drive, Denton, 76208
Robert Kissam, 2221 Loon Lake Road, Denton, 76201
Mary Brower, 3205 Meredith Lane, Denton, 76210
Mike Montgomery, no address given
Roland Vela, 729 Ridgecrest, Denton, 76205
Bob Sherman, 5949 Sherry Lane, Dallas, 75225
Ed Soph, 1620 Victoria, Denton
Tom Britton, 2212 Fort Worth Drive, Denton, 76205
Eva Cadwallader, 3920 Fawn Drive, Denton, 76208
Don Dillard, 5000 Thanksgiving Tower, Dallas, 75201 - presented a letter to the Council
for the record
Carolyn Phillips, 722 Lakey Street, Denton, 76205
Joyce Poole, 3021 North Bonnie Brae, Denton, 76207
Dalton Allen, 1111 Lexington, Denton, 762
Charles Jewell, 1812 Woodridge Drive, Arlington, 76013
Andy Payne, 2408 Timber Trail, Denton, 76201
David Bynum, 215 Marietta Street, Denton, 76201
Edwin Fulton, no address given
Bill Cheek, Jr., 12000 Vista Verde, Denton, 76210
Marshall J. Ricks, Box 250, Denton, 76201
Viola Woods, 2212-50 Fort Worth Drive, Denton, 76205
Tom Marley, 206 Dotson, Denton, 76205
Renee Cassar, 2212 Fort Worth Drive, Denton
Tom Farlow, 2210 Santa Monica, Denton
Gail Backstrom, 2212 Fort Worth Drive, Denton. 76205
Sean O'Neill, 2212 Fort Worth Drive, Denton, 76205
David Piatt, 809- 2321 Fort Worth Drive, Denton, 76205
Jody Clacker, 4327 Ridge Lane, Denton
Barbara Russell, 1324 Heather Lane, Denton, 76201
John Bond, 1700 S. Mayhitl Road, Denton, 76208
Cliff Reding, 211 Woodrow, Denton, 76205
Mark Marshall, 3324 Nottingham, Denton
Zane Latham, 1706 Shady Oaks, Denton, 76205
J. B. Haisler, 1200 Cowling, Sanger, 76266
Raymond Redmon, 710 East Prairie Street, Denton
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City of Denton City Council Minutes
March 6, 2001
Page 9
The following individuals submitted Comment Cards:
Jay Thomas, 3301 Cooper Branch, Denton, 76201
Vaughn E. Miller, 2212 Fort Worth Drive #86, Denton, 76205
Marvin Jeffries, 2112 Stonegate Drive, Denton, 76205
Paul Brown, 2212 Fort Worth Drive #172, Denton, 76205
Eloise O'Neill, 22t2 Fort Worth Drive #171, Denton, 76205
A. D. and Genevieve Neal, 2212-156 Fort Worth Drive, Denton, 76205
Shawn and Kay Sepulvado, 2212 Fort Worth Drive #148, Denton, 76205
Jacobo Long, 721 S. Woodrow, Denton, 76205
Kent Key, 3524 Belmont, Denton, 76210
Jane L. Fulton, 729 Greenwood, Denton, 76209
Gisele Cassar, 2212-163 Fort Worth Drive, Denton, 76205
Robert Pructt, 2114 North Lake Trail, Denton, 76201
Bryan Marley, 1914 Jacqueline, Denton, 76205
Steve Marley, 1527 Hunter Ridge, Denton, 76205
Oscar Jimenez, 2310 W. Oak Street, Denton, 76201
Bill Thomas, 3408 Nottingham, Denton, Texas 76201
Calvin Jenkins, 2212-169 Fort Worth Drive, Denton, 76205
Jamie Mayhue, 2212 Forth Worth Drive, Denton, 76205
Barbara Donald, 2122 Forth Worth Drive, Denton, 76205
Marshall J. Ricks, Box 250, Denton, 76201
Richard Cooper, 2701 Mayhill, Denton, 76208
Ellen Painter, 207 North Bonnie Brae, Denton, 76201
Raymond and Hiltrud Brown, 2212 Forth Worth Drive, Denton, 76205
Victoria Lee, 25 t 3 Whispering Oaks, Denton, 76209
Ruth Walters, 216 Daniel, Denton, 76206
Glenn Ison, 25 Wellington Oaks Circle, Denton, 76210
David Hoenig, 1624 Churchill, Denton, 76209
Rodney Smith, 1230 Forth Worth Drive, Denton, 76205
David Gilmer, 1230 Fort Worth Drive, Denton, 76205
Kenneth Minhinnett, 1003 Shady Oaks Drive, Denton, 76205
Joy Powell, 9718 Mingo Road, Denton, 76208
Linda Hickey, 518 Jupiter, Denton, 76209
Richard and Karen Haskins, 2212 Fort Worth Drive, 76205
Don Gailey, 3300 Shadow Trail, Denton, 76207
Patti Marley, 913 Kilkinney Court, Denton, 76210
Joe Mulroy, 119 Ridgecrest, Denton, 76205
Virginia Jackson, 506 N. Charles, Lewisville, 75057
Dennis Ash, 2520 Sherwood, Denton, 76201
Judy Willis, 3116 Broken Bow, Denton, 76209
Allen Bussell, 1621 Amanda Court, Ponder, 76259
Melissa Maple, 414 W. Parkway, Denton, 76201
Kathy Orr/Sue Fickey, 605 Londonderry, Denton, 76201
Gene Pauline, 2212-100 Fort Worth Drive, Denton, 76205
Wommack Mayhue, 2212 Fort Worth Drive, Denton, 76205
Karen Paulus, 2212 Fort Wroth Drive, Denton, 76205
Nub Neighbors, 2720 James, Denton, 76205
City of Denton City Council Minutes
March 6, 2001
Page 10
Mary McAitcheon, 1217 Greenbriar, Denton, 76201
Leah Linville, 2212 Fort Worth Drive, Denton, 76205
Jerry Kelsoe, 3260 N. Elm, Denton, 76207
R. Eric and Marla Fullerton, 3015 N. Bonnie Brae, Denton, 76207
C. E. Bounds, 204 Sharon Rose, Denton, 76210
The Mayor closed the public hearing.
The Council considered the items pulled from the Consent Agenda.
Item #22 was considered.
22. NO. 2001-103
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS
AND PLAYGROUND IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID
2630 - NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS
PROJECT, AWARDED TO PLAYGROUND SPECIALIST, INC., IN THE AMOUNT
OF $224,479.83 INCLUDING ALTERNATES 1 AND 4).
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye".
Motion carried with a 5-1 vote.
23. NO. 2001-104
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE PURCHASE OF AN 8' X 65' PRE-FABRICATED
BRIDGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2644 - FRED MOORE PRE-
FABRICATED BRIDGE, AWARDED TO CONTINENTAL BRIDGE IN THE
AMOUNT OF $32,459 WITH DELIVERY IN 8 WEEKS).
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Brock "aye".
Motion carried with a 5-1 vote.
25. NO. 2001-106
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF ENVIRONMENTAL
LABORATORY SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2605 -
ENVIKONMENTAL LABORATORY SERVICES AWARDED TO CERTES
ENVIRONMENTAL LABORATORIES, L.L.C. IN THE ESTIMATED ANNUAL
AMOUNT OF $145,000).
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City of Deuton City Council Minutes
March 6, 2001
Page 11
Council Member Young left the meeting.
Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried
unanimously.
31. NO. R2001-005
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING A SALES
TAX ON PRODUCTS AND SERVICES PURCHASED ON THE INTERNET
ENSURING EQUITABLE TREATMENT OF RETAILERS LOCATED IN THE CITY
OF DENTON AND PRESERVING THE LOCAL SALES TAX BASE NEEDED TO
DELIVER CITY SERVICES.
Kristoferson motioned, Burroughs seconded to approve the resolution with the removal of
Sections 5 and 6 and the placement of a period after "new tax" in Section 10. On roll vote,
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye".
Motion carried unanimously.
Council Member Young returned to the meeting.
ITEMS FOR INDIVIDUAL CONSIDERATION
36. The Council considered approval of a resolution for a Project Plan/Site Plan in a General
Retail (GR) zoning district. The 1.1-acm property was generally located on the west side of
Loop 288, less than 500' south of McKinney Street. A drive-through restaurant was proposed.
(SP-O0-O15, Jack in the Box RestauranO
Dennis Woznac spoke on the issue.
The following resolution was considered:
NO. R2001-007
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A GENERAL RETAIL
(GR) DISTRICT, BEING AN APPROXIMATE 1.05 ACRE SITE LOCATED ON THE
WEST SIDE OF LOOP 288, LESS THAN 500 FEET SOUTH OF MCKINNEY IN THE
CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-
00-015, JACK IN THE BOX RESTAURANT)
Kristoferson motioned, Burroughs seconded to approve the resolution with the condition that a
monument sign be built instead of a pole sign. On roll vote, Burroughs "aye", Cochran "aye",
Durrance "nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried with a
5-1 vote.
City of Denton City Council Minutes
March 6, 2001
Page 12
37. The Council considered approval of a resolution approving a Project Plan for 1.563 acres
in a Commercial (C) zoning district, located on the north side of 1-35 at the northeast intersection
of 1-35 service road between Fort Worth Drive and Teasley Lane. Johnny Carino's Country
Italian Restaurant was proposed. (SP-O0-O19)
The following individuals spoke on the proposal:
Charles Mercer, 3555 RR620 South, Austin, 78734
Nick Cade, 7403 Caruth, Dallas, 75225
Randall Pogue, 208 E. Lousiana, Suite 305, McKinney, 75069
Council Member Kristoferson motioned to approve the resolution with the conditions that the
building orientation be towards the street, that there be no parking between the street and the
building and that 113 parking spaces would be provided. Motion died for lack of a second
Council Member Durrance motioned to postpone consideration in order to look at other options
for design layout of the building. Motion died for lack of a second.
Young motioned, Burroughs seconded to approve the request as presented with the condition of
an increase in plant materials in the landscaping. On roll vote, Burroughs "aye", Cochran "aye",
Durrance "nay", Kristoferson"nay", Young "aye", and Mayor Brock "nay". Motion resulted in a
3-3 tie vote. The item would be returned for considerationwhen there was a full Council.
38. The Council considered adoption of a resolution approving a Project Plan for 1.464 acres
in a One-family dwelling (SF-7) zoning district, commonly known as 2417 Bernard Street
located approximately 90 feet south of the intersection of Parvin Street and Bernard Street. An
expansion of an existing church building was proposed. (SP-O0-020, Ternplo Vida Nueva)
David Marton, 216 Tanglewood, Denton, 76207 spoke on the resolution.
The following resolution was considered:
NO. R2001-008
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR TEMPLO VIDE NUEVA CHURCH,
BEING AN APPROXIMATE 1,464 ACRE SITE COMMONLY KNOWN AS 2417
BERNARD STREET LOCATED APPROXIMATELY 90 FEET SOUTH OF THE
INTERSECTION OF PARVIN STREET AND BERNARD STREET; AND
PROVIDING FOR AN EFFECTIVE DATE. (sp-00-020, TEMPLO VIDE NUEVA
CHURCH)
Durrance motioned, Cochran seconded to approve the resolution with the condition of the
addition of access being through the parking lot as indicated by staff. On roll vote, Burroughs
"aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously.
75
76¸
City of Denton City Council Minutes
March 6, 2001
Page 13
39. The Council considered approval of a resolution approving a Project Plan for 11.688
acres in a Light Industrial (LI) zoning district, located at the southeast comer of Kimberly Lane
and Karina Lane. An office and call center for the Federal Emergency Management Agency
(FEMA) was proposed. (SP-O0-021, FEMA)
Council Member Burroughs left with a conflict of interest.
The following resolution was considered:
NO. R2001-009
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR A FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) OFFICE BUILDING, BEING AN
APPROXIMATELY 11.688 ACRE SITE LOCATED AT THE SOUTHEAST CORNER
OF KIMBERLY LAND AND KARINA LANE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the resolution as submitted. On roll vote,
Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Brock "aye".
Motion failed with a 3-2 vote as 4 affirmative votes were needed to pass a resolution.
Kristoferson motioned, Cochran seconded to reconsider the item. On roll vote, Cochran "aye",
Durrance "nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried with a
4-1 vote.
Young motioned, Cochran seconded to approve the resolution as submitted. On roll vote,
Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried with 4-1 vote.
40. The Council considered adoption of an ordinance for an amendment to correct an
inadvertent error in Ordinance 98-018, which was an ordinance zoning approximately 1.7 acres,
located on the north side of Colorado Boulevard east of San Jacinto Boulevard, to a Light
Industrial conditioned (LI(c)) zoning district. Said error being an inadvertent error in the
description of the property being zoned. (SI-01-003)
Council Member Burroughs returned to the meeting.
The following ordinance was considered:
NO. 2001-114
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO.
98-018 WHICH IS AN ORDINANCE ZONING AN APPROXIMATE 1.7 ACRE
TRACT OF LAND LOCATED ON THE NORTH SIDE OF COLORADO
BOULEVARD, AT SAN JACINTO BOULEVARD TO LIGHT INDUSTRIAL
CONDITIONAL (LI[C]), SAID ERROR BEING AN INADVERTENT ERROR IN THE
DESCRIPTION OF THE PROPERTY BEING ZONED; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
March 6, 2001
Page 14
Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously.
41. The Council considered adoption of an ordinance authorizing the City Manager to
execute a professional services agreement with the firm of HH Architects to provide professional
services for the interior and exterior design of North Branch Library as well as management and
inspection services during the construction phase as set forth in this contract; authorizing the
expenditure of funds therefore; and providing an effective date.
The following ordinance was considered:
NO. 2001-115
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF HH
ARCHITECTS TO PROVIDE PROFESSIONAL SERVICES FOR THE INTERIOR
AND EXTERIOR DESIGN OF NORTH BRANCH LIBRARY AS WELL AS
MANAGEMENT AND INSPECTION SERVICES DURING THE CONSTRUCTION
PHASE AS SET FORTH IN THIS CONTRACT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE
Cochran motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously.
42. The Council considered adoption of an ordinance authorizing the City Manager to execute
an amendment to the commercial airport lease agreement between the City of Denton and Ezell
Aviation upon leased premises without formal written confirmation of the City Council; and
providing for an effective date.
The following ordinance was considered:
NO. 2001-116
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE COMMERCIAL AIRPORT LEASE AGREEMENT BETWEEN
THE CITY OF DENTON AND EZELL AVIATION UPON LEASED PREMISES
WITHOUT FORMAL WRITTEN CONFIRMATION OF THE CITY COUNCIL; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried tmanimously.
77
City of Denton City Council Minutes
March 6, 2001
Page 15
43. The Council considered approval of a resolution authorizing the Steering Committee of
Northwest Metro/Mid-Cities Distribution System cities to retain legal counsel and rate case
consultants; authorizing the cities to intervene in related dockets before the Texas Railroad
Commission; and suspending the proposed tariff and schedule of rates of TXU Electric and Gas
Company; adopting findings in the preamble; and providing an effective date.
The following resolution was considered:
NO. R2001-010
A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST
METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL
COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE CITIES TO
INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD
COMMISSION; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE
OF RATES OF TXU ELECTRIC AND GAS COMPANY; ADOPTING FINDINGS IN
THE PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.
Herb Prouty, City Attorney, stated that this resolution authorized the City to join a coalition of
other Texas cities to investigate the proposed rate increase, authorized the hiring of an attorney
and consultants to study the issue and to suspend the rates from the effective date of the
resolution. Staff was also recommending that Denton hire Diversified Utility Consultants to
review the recommendations of the coalition as they applied to the service area in Denton.
Burroughs motioned, Young seconded to approve the resolution. On roll vote, 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 of the City of Denton, Texas
authorizing the City Attorney to intervene on behalf of the City as a party in TNRCC Docket No.
2000-1412-AIR (Martin Marietta Materials of Texas, Inc.); and providing an effective date.
The following ordinance was considered:
NO. 2001-117
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
ATTORNEY TO INTERVENE ON BEHALF OF THE CITY AS A PARTY IN TNRCC
DOCKET NO. 2000-1412-AIR (MARTIN MARIETTA MATERIALS OF TEXAS,
INC.); AND PROVIDING AN EFFECTIVE DATE
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye".
Motion carried unanimously.
45. The Council considered nominating members to the Denton County Housing Finance
Corporation.
City of Denton City Council Minutes
March 6, 2001
Page 16
This item was postponed until the next regular meeting.
46. The Council considered appointments to the Website Task Force.
Council Member Kristoferson appointed Vickie McCombs.
Council Member Cochran appointed Randy Hunt.
Council Member Durrance appointed Joe Ialenti.
Council Member Young appointed Robb Bertelsen.
Council Member Burroughs appointed Bruce Mitchell.
47. The Council considered nominations/appointments to the City's Boards and
Commissions.
Council Member Young nominated Cory Goury to the Library Board.
Young motioned, Cochran seconded to suspend the rules and vote on the nomination at this
meeting. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Brock "aye". Motion carried unanimously.
On roll vote for the nomination, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson
"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously.
48. Items from the City Manager
City Manager Jez did not have items for Council.
49. The Council continued their Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
50. Thero 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 open portion of the meeting was.adjourned at 2:20 a.m.
'iP 5WALTI~S'- -
~T~ SE~CRETARY
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
79