Minutes May 01, 200113'8
CITY OF DENTON CITY COUNCIL MINUTES
May 1, 2001
Regular Meeting of the City of Denton City Council on Tuesday, May 1, 2001 at 6:00 p.m. in the
Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern Bcasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of thc audience recited the pledge to the U.S. and Texas flags.
PRESENTATIONS
2. Mayor Brock presented the following proclamations:
A. Mental Health Month
B. Dr. Norval Pohl Day
C. Denton Cin¢o de Mayo Day
D. Drinking Water Week in Denton
E. Arson Awareness Week
CITIZEN REPORTS
3. Jackie Sasser regarding harassment by a council member.
Ms. Sasser stated that she had been harassed at her work place by a Council Member regarding
her husband's campaign materials and who and how those materials were made.
4. Petemia Washington regarding the Racial Profiling Task Force.
Ms. Washington felt that racial profiling was done against young African-American youth and
questioned the members of the task force who were being appointed by the Council in regards to
their qualifications.
5. Ross Melton regarding the City Attorney, Code Enforcement, and the City Council.
Mr. Melton spoke again about his perception that there was a lack of a definition for trash and
the inconsistent policies of Code Enforcement.
6. Carolyn Phillips regarding the Southeast Denton Neighborhood Association.
Billy Brasfield spoke for Ms. Phillips. He commented on the selection of members to the Racial
Profiling Task Force and felt that members should have not been appointed until after the
election. He felt that the appointment from southeast was not the appointment that the
community wanted.
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City of Denton City Council Minutes
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NOISE EXCEPTIONS
7. The Council considered a request for an exception to the noise ordinance for a Denton
Cinco de Mayo event hosted by Canales Production at North Texas Fairgrounds on Sunday, May
6, 2001 from Noon to 9:30 p.m.
Council discussed the pros and cons regarding the granting of the request due to noise
complaints received last year.
Burroughs motioned, Young seconded to grant the exception with the condition of meeting the
proposed noise ordinance conditions and not exceeding the current ordinance. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Brock "aye". Motion carried unanimously.
8. The Council considered a request for an exception to the noise ordinance for a Campaign
and Birthday Party on Reed and McDonald Streets between (1004 Reed and 1212 McDonald) on
Saturday, May 5, 2001, until Midnight.
Young motioned, Beasley seconded to approve the request. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carded unanimously.
CONSENT AGENDA
Beasley motioned, Kristoferson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried
unanimously.
Approved a tax refund to Johunie L. Simon in the amount of$599.11. The 2000 property
tax was paid twice.
10.
Approved a tax refund to Lymperis Koziris in the amount of $726.66. The 2000 property
tax was paid twice.
11.
Approved a tax refund to Centex Homes in the amount of $2,776.38. The 2000 property
tax was paid twice.
12.
Approved a tax refund to Extraco Mortgage in the amount of $812.70. The 2000
property tax was paid twice.
13.
Approved a tax refund to David Coulter and Shelley Cushman in the amount of $805.00.
The 1999 property tax was paid twice.
14.
Approved a tax refund to Connie Suttle in the amount of $881.35. The 2000 property tax
was paid twice.
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15.
Approved a tax refimd to Kyle & Nancy Baker in the amount of $941.42. The 2000
property tax was paid twice.
16.
Approved a tax refund to Nell Elliott in the amount of $2,091.30. Mrs. Elliott
erroneously paid her Denton County and DISD taxes to the City of Denton.
17.
Approved a tax refund to Charles Q. Michie in the amount of $1,013.53. The 2000
property tax was paid twice.
18.
Approved a tax refund to DolgenCorp Texas, Inc. in the amount of $1,025.58. The 2000
property tax was paid twice.
19.
Approved a tax refund to David Haesle in the amount of $731.44. The 2000 property tax
was paid twice.
20.
Approved a tax refund to United Copper Industries in the amount of $1,934.03. The
2000 property value was decreased by the Denton Central Appraisal District.
21.
NO. 2001-182
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF KRUM 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.
22.
NO. 2001-183
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (FILE 2675 - INTERLOCAL AGREEMENT FOR FURNITURE WITH
DENTON COUNTY, CONTRACT AWARDED TO MCKINNEY OFFICE SUPPLY IN
THE AMOUNT OF $31,428.81).
23.
NO. 2001-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN
AIRPORT PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR FINANCIAL
ASSISTANCE TO THE DENTON MUNICIPAL AIRPORT FOR
DESIGN/ENGINEERING COSTS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
May 1, 2001
Page 4
24.
NO. R2001-016
A RESOLUTION ALLOWING METZLERS FOOD AND BEVERAGE TO BE THE
SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE
CINCO DE MAYO CELEBRATION ON MAY 5, 2001, UPON CERTAIN
CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
25.
NO. R2001-017
A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE
HISTORIC HOMEOWNERSHIP ASSISTANCE ACT AND URGING CONGRESS
AND THE PRESIDENT TO ENACT IT EXPEDITIOUSLY; AND PROVIDING AN
EFFECTIVE DATE.
26.
NO. 2001-185
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF SEWER MAIN AND 1N ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
27.
NO. 2001-186
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CJW PARTNERS 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 THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
28.
NO. 2001-187
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES
AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY
ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF
DENTON LANDFILL CELLS 2A AND 2B; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE.
29. This item was pulled from consideration.
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PUBLIC HEARINGS
30. The Council held a public hearing to receive citizen comments regarding cable television
rates.
John Cabrales, Public Information Officer, reviewed the details of the proposed changes that
were included in the agenda materials.
The Mayor opened the public heating.
The following individual spoke during the public hearing:
Guy Litton, 2608 Whispering Oaks, Denton, 76209 - opposed to the increase
The Mayor closed the public heating.
31. The Council held a public hearing and consider adoption of an ordinance granting
approval of a subsurface use of a portion of the Denton Branch Rail/Trail approximately 1,850
feet south of Corinth Loop road at milepost 728 for the installation of a wastewater sewer line in
accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of
an easement and providing an effective date.
Bob Tickner, Superintendent of Parks and Recreation, stated that this request was from the City
of Corinth for installation of an underground sewer line under Denton's Rail/Trail corridor.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Young left the meeting.
The following ordinance was considered:
NO. 2001~188
AN ORDINANCE GRANTING APPROVAL OF A SUBSURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 1,850
FEET SOUTH OF CORINTH LOOP PARKWAY AT MILEPOST 728 FOR THE
PURPOSE OF A WASTEWATER SEWER EASEMENT iN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDiNG FOR
A DRAINAGE EASEMENT AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Ktistoferson "aye", and Mayor Brock "aye".
Motion carried unanimously.
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32. The Council held the second of two public hearings regarding the involuntary annexation
and service plan for approximately 122 acres of land in the western section of the City of Denton
Extraterritorial Jurisdiction (ETJ). The site was generally located along Masch Branch Road
south of Hampton Road north of Highway 380. (A-Ol-O004, Masch Branch Road)
Doug Powell, Director of Planning and Development, stated that at the February 6th Council
meeting, Council instructed staff to begin this annexation with a reduction of area to a 1000-foot
corridor.
The Mayor opened the pubic hearing.
Council received a letter from Patricia Adams regarding the annexation.
The following individual spoke during the public hearing:
Patricia Adams, 1710 Westminster, Denton 76206 - opposed to the annexation with offer
to restricted covenant in regards to an asphalt plant.
The Mayor closed the public hearing.
33. The Council held the first of two public hearings regarding a proposed voluntary
annexation and service plan for approximately 77.5 acre tract of land located north of Loop 288,
east of Stuart Road and west of Sherman Drive in the extraterritorial jurisdiction of the City of
Denton, Texas. (A-01-O001, Denton ISD)
Doug Powell, Director of Planning and Development, stated that this was a voluntary annexation
in association with a school site.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Young returned to the meeting.
34. The Council held a public hearing and considered adoption of an ordinance amending the
Concept Plan and Detailed Plan for approximately 4,28 acres located in the Planned Development
132 (PD-132) zoning district, commonly known as The Preserve at Pecan Creek. The property
was generally located northeast of the intersection of Interstate 35E and Lakeview Boulevard and
east of Swisher Road. The intent was to modify the scope and phasing of transportation
improvements associated with The Preserve at Pecan Creek development. The Planning and
Zoning Commission reconunended approval (7-0) with conditions. (Z-Ol-O003, Preserve at
Pecan Creek)
Doug Powell, Director of Planning and Development, stated that the developer was requesting an
amendment to the required transportation requirements. Currently, the requirement was to
~xt~nd Lak~vi~w Boulevard northward and to construct an extension of Edwards Road fi.om
City of Denton City Council Minutes
May 1, 2001
Page 7
Swisher Road to the northern extension of Lakeview Boulevard when Tract D or M were
developed. The applicant would like to delay the Edwards Road extension until such time as
Tracts L, M or O were developed.
Marc Footlik stated that in order to facilitate the School District they were requesting a different
access point until the second phase of the development was built out and the traffic conditions
were met per the development requirements.
John Anderson spoke regarding the details of paving the streets and what was required of the
developer
The Mayor opened the public hearing.
The following individuals spoke during the public heating:
Kevin McCormack, 3031 Swisher Road, Denton, 76208 - opposed
Gina Nunez, 3325 Swisher Road, Denton, 76208 - opposed
Rebecca Nunez, 3057 Swisher Road, Denton, 76208 - opposed
Doss Phillips, 3397 Swisher Road, Denton, 76208 - opposed
Marc Footlik was allowed a five minute rebuttal
Alice Pockrus - questioned if closing Pockrus Page Road
The Mayor closed the public hearing.
Council Member Young motioned to postpone consideration until the next regular council
meeting to allow the developer to meet with the residents to work out the concerns of the area
residents. Motion died for lack of a second.
The following ordinance was considered:
NO. 2001-189
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO 98-394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED
TRANSPORTATION IMPROVEMENTS FROM THE PLANNED DEVELOPMENT
132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION;
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. (Z-01-003)
Kristoferson motioned, Cochran seconded the motion based on his assurance that the developer
would maintain the potholes in the area. On roll vote, Beasley "aye", Burroughs "aye", Cochran
"aye", Durranco "nay", Kriatofcrson "aye", Young "aye", and Mayor Brock "aye". Motion carried
with a 6-1 vote.
35. The Council held a public heating and considered adoption of an ordinance approving a
Zoning Plan at 801 Sherman Drive from a Single Family (SF-7) zoning district to a Planned
Development (PD) zoning district. The 0.6 acre property was generally located on the west side
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City of Denton City Council Minutes
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Page 8
of Sherman Drive, approximately ¼ mile north of Bell Avenue. A convenience store with
gasoline sales was proposed. At the March 28, 2001 Planning & Zoning Commission meeting, a
motion to deny failed (3-4); the motion to continue the case to April 11, 2001 was approved (6-
1). The Planning and Zoning Commission's motion to approve failed (2-5) on April 11, 2001.
Therefore, no recommendation was made by the Planning and Zoning Commission. (ZP~01-
0002, Sherman Shell)
Ed Snyder, Deputy City Attorney, stated that a simple majority vote would be required due to the
lack of a recommendation by the Planning and Zoning Commission.
Doug Powell, Director of Planning and Development, stated that the property had been zoned
SF-7 since 1969. The proposal was to update the present gas station with a convenience store
with gasoline sales. The Planning and Zoning Commission passed the proposal on to Council
with no recommendation.
Joel Plangman, 3300 W. University, Denton, 76207, made a presentation to Council.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Doug Haggard, 703 Lynwood, Denton, 76201 - opposed
Diana Arrbaugh, 828 Sherman Drive, Denton, 76201 - opposed
Laurie Adams, 800 Sherman Drive, Denton, 76201 - opposed
Dave Piatt, 809 Greenwood, Denton, 76201 - opposed
Gerald Mink, 740 Sherman Drive, Denton, 76201 - opposed
Lori Erickson, 816 Sherman Drive, Denton, 76201 - opposed
Joel Plengman was allowed a five minute rebuttal
The Mayor closed the public hearing.
Durrance motioned, Cochran seconded to deny the request. On roll vote, Beasley "aye",
Burroughs "nay", Cochran "aye", Durrance "aye", Kristoferson "nay", Young "nay", and Mayor
Brock "nay". Motion failed with a 3-4 vote.
The following ordinance was considered:
NO. 2001-190
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR 0.6 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7)
ZONING DISTRICT; TO CHANGE TO A PLANNED DEVELOPMENT (PD)
DISTRICT TO ALLOW FOR GENERAL RETAIL USES; THE SUBJECT PROPERTY
BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE,
APPROXIMATELY ¼ MILE NORTH OF BELL AVENUE; 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. (ZP-01-0002)
City of Denton City Council Minutes
May 1, 2001
Page 9
Young motioned, Burroughs seconded to adopt the ordinance with the hours of operation being
limited to 6:00 a.m. to 10:00 p.m., no signs on the exterior of the building except within the
windows, signage would be detailed and delineated on the detailed/project plan, all free-standing
signs would be monument signs, neon signs would not be allowed, no outdoor loud speakers, the
detailed/project plan would incorporate the photos showing the exterior elevations of the
building as presented to the Council at the public hearing on May 2, 2001 and the standard
lighting conditions. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance
"nay", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded with a 4-3 vote.
36. The Council held a public hearing and considered adoption of an ordinance approving a
Zoning Plan at 3502 E. McKirmey Street from an Agriculture (A) zoning district to a multi-
family conditioned (MR-I[c]) zoning district. The 22.0 acre property was generally located on
the south side of McKinney, less than 1000' west of Loop 288. A multi-family complex was
proposed. The Planning and Zoning Commission recommended approval (5-2) with conditions.
(ZP-OI-O003, Knollwood Villas)
Doug Powell, Director of Planning and Development, stated that the applicant was requesting
rezoning for a multi-family complex with 264 units at a density of 12.0 dwelling units per acre.
The overall density of the site was more than the density allowed under the Interim Regulations
of 8.8 units per acre. The proposed Zoning Plan provided a transition between the higher
intensity commercial land uses to the east and the lower intensity single family uses and vacant
property to the west.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Allen Buscell - favor
Brian Potashalk, 3424 Connell Ave, Dallas, 75240 - favor
Bernard Weinstein, 7219 Canongate, Dallas, 75248 - favor
Thomas Harris - 901 Imperial Drive, Denton, 76209 - favor
The Mayor closed the public hearing.
NO. 2001-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR APPROXIMATELY 22 ACRES LOCATED WITHIN AN
AGRICULTURE (A) ZONING DISTRICT; TO CHANGE TO MULTI-FAMILY
CONDITIONED (MF[c]) DISTRICT TO ALLOW FOR MULTI-FAMILY USES; THE
SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF MCKINNEY
STREET, APPROXIMATELY 1000' WEST OF LOOP 288; 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. (ZP-01-0003)
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Young motioned, Burroughs seconded to adopt the ordinance with the conditions from the
Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "nay". Motion carried with a
6-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
37. The Council considered approval of a resolution of the City of Denton, Texas,
authorizing the City Manager to participate with the City of Ft. Worth in the development and
submission of a grant application under the United States Department of Housing and Urban
Development Lead-Based Paint Hazard Control grant program; establishing objectives and
projected use of funds with appropriate certifications, as authorized and required by the Housing
and Community Development Act of 1974, as amended and the National Affordable Housing
Act of 1990, as amended and all other applicable laws; providing for an effective date.
The following resolution was considered:
NO. R2001-018
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO PARTICIPATE WITH THE CITY OF FT. WORTH IN THE
DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM; ESTABLISHING
OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE
NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED AND ALL
OTHER APPLICABLE LAWS; PROVIDING FOR AN EFFECTIVE DATE
Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carded unanimously.
38. The Council considered approval of a resolution approving a Project Plan for 3.086 acres,
in a Commercial conditioned (C[c]) zoning district, located at the southeast comer of Pockrus
Page Road and 1-35E Service Road. An auto dealership is proposed. (SP-OI-O05, House Smart
Addition)
The following resolution was considered:
NO. R2001-019
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR HOUSE SMART ADDITION, BEING AN
APPROXIMATE 3.086 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF
INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD; AND
PROVIDING FOR A.N EFFECTIVE DATE, (SP-01-0005)
i 4: 81City of Denton City Council Minutes
May 1, 2001
Page 11
Don Anderson spoke on the issue.
Kristoferson motioned, Young 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 carded unanimously.
39. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, amending the policy for tax abatement for the City of Denton to establish
guidelines and criteria governing tax abatement agreements to allow waiver of the five million
dollar threshold and the maximum tax abatement percentage, to define professional positions; to
make other changes as set forth in the amended policy; and declaring an effective date.
The following resolution was considered:
NO. R2001-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON
TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR
THRESHOLD AND THE MAXIMUM TAX ABATEMENT PERCENTAGE TO
DEFINE PROFESSIONAL POSITIONS; TO MAKE OTHER CHANGES AS SET
FORTH IN THE AMENDED POLICY; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Dm'rance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carried with a 6-1 vote.
40. The Council considered approval of a resolution to declare the intent to reimburse
expenditures from the net contributed capital of the Water Fund with Revenue Bonds so that the
Lake Ray Roberts Water Treatment Plant may be commenced; and provide an effective date.
The following resolution was considered:
NO. R2001-021
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM THE NET CONTRIBUTED CAPITAL OF THE WATER FUND WITH
REVENUE BONDS SO THAT THE LAKE RAY ROBERTS WATER TREATMENT
PLANT MAY BE COMMENCED; AND PROVIDE AN EFFECTIVE DATE.
Burroughs motioned, Young 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 carded unanimously.
41. The Council considered adoption of an ordinance accepting competitive bids and
awarding a contract for the construction of the Lake Ray Roberts 20 mgd Water Treatment Plant;
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City of Denton City Council Minutes
May 1, 2001
Page 12
providing for the expenditure of funds therefore; and providing an effective date. (Bid 2612
awarded - total expenditure $35,895,257.00)
The following ordinance was considered:
NO. 2001-192
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE CONSTRUCTION OF THE LAKE RAY ROBERTS 20 MGD
WATER TREATMENT PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTWE DATE
Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carded unanimously.
42. The Council considered approval of a resolution accepting the resignation of Howard
Martin and appointing Timothy S. Fisher as the City's representative to serve as a member of the
Board of Directors of the Upper Trinity Regional Water District; and providing an effective date.
The following resolution was considered:
NO. R2001-022
A RESOLUTION ACCEPTING THE RESIGNATION OF HOWARD MARTIN AND
APPOINTING TIMOTHY S. FISHER AS THE CITY'S REPRESENTATIVE TO
SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER
TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE
DATE
Kristoferson motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Brock "aye". Motion carded unan/mously.
43. The Council considered adoption of an ordinance amending Ordinance 94-183, and
Section 2-29 of the City of Denton Code relating to roles of procedure for the City Council of the
City of Denton, and all amending ordinances, and repealing and consolidating ordinances 76-48,
81-35, 90-026, 90-150, 92-115, 93-073, 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-
325, 98-415, 99-028, and 2000-420.
The following ordinance was considered:
NO. 2001-193
AN ORDINANCE AMENDING ORDINANCE 94-183, AND SECTION 2-29 OF THE
CITY OF DENTON CODE RELATING TO RULES OF PROCEDURE FOR THE
CITY COUNCIL OF THE CITY OF DENTON, AND ALL AMENDING
ORDINANCES~ AND REPEALING AND CONSOLIDATING ORDINANCES 76-48~
1- 5 0 City of Denton
May 1, 2001
Page 13
City Council Minutes
81-35,90-026,90-150,92-115,93-073,94-183,96-045,96-057,96-085,96-257,98-246,
98-325,98-415,99-028, AND2000-420.
Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Brock "aye". Motion carded unanimously.
44. The Council considered appointments to the Racial Profiling Task Force.
Council Member Burroughs appointed Peggy Fox
Mayor Pro Tem Beasley appointed Petrina Washington.
Mayor Brock appointed Gary Mueller.
Council Member Cochran appointed Julis Bershell.
Mayor Brock motioned, Durrance seconded to appointment Jorge Urbina as chair of the
committee. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously.
45. There were no nominations or appointments made to the City's Boards and
Commissions.
46. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Young asked for a consideration of the purchase land east of Mack
Park for future expansion.
47. Items from the City Manager
· Interim City Manager Martin did have any items for Council.
48. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
49. 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 adjourned at 12:15 p.m.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS