MInutes September 04, 2001382
CITY OF DENTON CITY COUNCIL MINUTES
September 4, 2001
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, September 4, 2001, at 5:15 p.m. in the City of Denton
Council Work Session Room
1. The Council considered the following in Closed Meeting:
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072.
(1)
Deliberated the purchase and value of real property, located in the J.
Cheek Survey, Abstract No. 227 and the H. Williams Survey, Abstract No.
1417 and being a .568 acre tract and a 0.354 acre tract along Sherman
Drive, approximately 3,600 feet south of the intersection of Clear Creek
and Sheiman Drive, north side of road, within the City and County of
Denton, Texas; which acquisition was for a public purpose. (Ray Roberts
Water Line)
Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551.071.
(1)
Discussed and considered strategy, status, and possible settlement of
litigation with the City's attorneys in litigation styled City of Denton v. V?
V~ater Supply System, Inc., Cause No. 2000-10233-16, currently pending
th
in the 367 District Court of Denton 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, September 4, 2001 at 6:00 p.m.
in the Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
PRESENTATIONS
o
Mayor Brock presented the following proclamations:
A. Constitution Week
B. Prostate Cancer Awareness Month
3. Resolution of Appreciation
A. The Council considered approval of a resolution of appreciation for Gary
Matheson.
City of Denton City Council Minutes
September 4, 2001
Page 2
Beasley motioned, Burroughs seconded to approve the resolution.
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
4. City Manager Conduff recognized staff accomplishments.
CITIZEN REPORTS
5. Nell Yeldell regarding the property at 516 and 518 Prairie.
On roll vote, Beasley "aye",
6. Ross Melton, Jr. regarding budget, utility bills and volunteering.
Mr. Melton reviewed his concerns regarding utility bills, recycling and volunteering.
7. Tom Atkins regarding the City's health insurance.
Mr. Atkins again brought up his concerns about the purchasing of the City's health insurance for
employees and his feeling that he could do a better job at a cheaper cost.
CONSENT AGENDA
Council Member Fulton asked to pull Item #34, Council Member Redmon asked to pull Items
#22 and #23, Council Member Phillips asked to pull Items #37, #43, #44, and #45.
Assistant City Manager DuBose stated that Item #46 would also have to be pulled as Item #43
had been pulled and Item #46 was associated with Item #43.
Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of the noted pulled items. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carded unanimously.
8. Approved the minutes of August 3, 2001.
9. Approved a tax refund to Don and Rose Knotts in the mount of $706.10.
property tax was paid twice.
10.
11.
The 1998
Approved a tax refund to Thomas F. Cudd in the amount of $509.68. The 2000 property
tax was overpaid.
Approved a tax refund to James M. Beaver in the amount of $1,010.98. The 2000
property tax was paid twice.
38,3
Ms. Yeldell stated that she had drainage problems at her home due to the concrete company next
to her home. She had previously asked for help from the Council but had no results to date. She
was still having a problem with the addressing of her property on Prairie Street.
4City of Denton City Council Minutes
September 4, 2001
Page 3
12.
Approved a tax refund to Malone Mortgage Company in the amount of $845.37. The
2000 property tax was paid twice.
13.
Approved a tax refund to Scioto Prop LLC in the amount of $578.89. The 2000 property
tax was paid twice.
14.
Approved a tax refund to James E. Kelly in the amount of $592.46. The 2000 property
tax was paid twice.
15.
NO. 2001-307
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF A RESTROOM AND
CONCESSION STAND FACILITY AT NORTH LAKES PARK; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2690 - NORTH LAKES SOCCER
RESTROOM/CONCESSION BLDG, AWARDED TO SENECA CONSTRUCTION
INC., IN THE AMOUNT OF $339,275).
16.
NO. 2001-308
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF A RAW WATER PUMP IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (PO - 16777 TO BRANDON & CLARK, INC., IN THE AMOUNT
OF $56,161.56).
17.
NO. 2001-309
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 29' MEDIUM DUTY TRANSIT BUS;
PROVDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING
AN EFFECTIVE DATE (BD 2702 - 29' MEDIUM DUTY TRANSIT BUS AWARDED
TO LASSETER BUS COMPANY INC., IN THE AMOUNT OF $169,164).
18.
NO. 2001~310
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF CONCRETE STREETLIGHT
POLES AND ARMS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2712 - CONCRETE
STREETLIGHT POLES AND ARMS ANNUAL AGREEMENT AWARDED TO CPI
CONCRETE PRODUCTS INC., IN THE ESTIMATED AMOUNT OF $20,000).
City of Denton City Council Minutes
September 4, 2001
Page 4
38:5
19.
NO. 2001-311
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A TRAILER MOUNTED SEWER CLEANING
MACHINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 2715 - TRAIl.ER MOUNTED SEWER
CLEANING MACHINE AWARDED TO NEZAT TRAINING AND CONSULTING IN
THE AMOUNT OF $80,000).
20.
NO. 2001-312
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MANHOLE LINING EPOXY COATING MATERIALS 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 16573 - RAVEN LINING SYSTEMS, INC., IN THE AMOUNT OF
$46,109).
21.
NO. 2001-313
AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE
TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS
ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING
THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM
FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAS BEEN ENTITLED AT
DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH
SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
24.
NO. 2001-316
AN ORDINANCE TO AMEND THE FEE SCHEDULE TO ADD PROVISIONS FOR
GAS WELL DEVELOPMENT PLATS. THE PLANNING AND ZONING
COMMISSION VOTED (7-0) TO AMEND THE FEE SCHEDULE. (SI01-0011)
25.
NO. 2001-317
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.568 ACRE TRACT OR PARCEL OF LAND
FOR PUBLIC UTILITY EASEMENT PURPOSES AND AN APPROXIMATE 0.354
ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION
EASEMENT PURPOSES, SAID PROPERTY BEING LOCATED IN J. CHEEK
SURVEY, ABSTRACT NO. 227 AND THE H. WILLIAM SURVEY, ABSTRACT NO.
1417, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST
COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
386
City of Denton City Council Minutes
September 4, 2001
Page 5
ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF PUBLIC UTILITIES AND INSTALLATION;
DECLARING AN EFFECTIVE DATE.
26.
Service Center #1 Addition. The 1.8 acre site was generally located on the northwest
comer of Willis Street and Ruddell Street. The property was in a One-Family Dwelling
(SF-7) zoning district. The City of Denton was proposing expansion of the Service
Center.
Approved a variance of Section 34-114 (5) of the City of Denton Code of
Ordinances concerning perimeter paving. The Planning and Zoning Commission
recommended approval (6-0). (V01-0018)
Approved a variance of Section 34-114 (17) of the City of Denton Code of
Ordinances concerning sidewalks. The Planning and Zoning Commission
recommended approval (6-0). (V01-0019)
27.
NO. 2001-318
AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM, WHICH RELEASES
EXTRATERRITORIAL JURISDICTION IN CERTAIN REAL PROPERTY AND
ESTABLISHES A FUTURE BOUNDARY BETWEEN THE TWO CITIES; AND
PROVIDING AN EFFECTIVE DATE.
28.
NO. 2001-319
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE
TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO LANDSCAPE
COST SHARING ALONG US 77 AND US 377 FROM OAK STREET TO HICKORY
STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
29.
NO. 2001-320
AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED THE
STATE OF TEXAS AND THE CITY OF DENTON V. KOSHROW' SADEGHIAN, CAUSE
NO. ED-2001-00356 CURRENTLY PENDING IN THE PROBATE COURT OF
DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER AND THE
CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND
ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE
TERMS SET FORTH IN THE ATTACHED AGREED JUDGMENT, AND TO TAKE
SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE
SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO
EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $79,000.00
PREVIOUSLY DEPOSITED INTO THE REGISTRY OF THE PROBATE COURT.
City of Denton City Council Minutes
September 4, 2001
Page 6
(Items 30-46 were items that support the proposed 2001-2002 budget and had been
previously considered in budget work sessions)
30. NO. 2001-321
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.
387
31.
NO. 2001-322
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR
ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
32.
NO. 2001-323
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTWE DATE.
33.
NO. 2001-324
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF
COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT
AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE.
35.
NO. 2001-326
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE
BAYLESS-SELBY HOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE.
36.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FOLLOWING HOTEL
OCCUPANCY TAX FUND RECIPIENTS FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE.
a) NO. 2001-327
b) NO. 2001-328
c) NO. 2001-329
d) NO. 2001-330
e) NO. 2001-331
f) NO. 2001-332
Denton Holiday Festival
Denton Black Chamber of Commerce
Denton Festival Foundation
Denton Kiwanis Club
Tejas Storytelling Association
Denton Community Theatre
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September 4, 2001
Page 7
38.
39.
40.
NO. 2001-334
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED
IN ORDINANCE NO. 2000-294 FOR WATER SERVICE AND WATER RATES;
DELETING THE INTRAGOVERNMENTAL SALES OF UNTREATED WATER
SCHEDULE (SCHEDULE WGU); AMENDING THE WHOLESALE RAW WATER
SERVICE RATE TO UPPER TRINITY REGIONAL WATER DISTRICT (SCHEDULE
WRW); AMENDING THE WATER METER RELOCATIONS FEE AND CREATING
A NEW SECTION ENTITLED "WATER LINE TAPS" (SCHEDULE OF WATER TAP
AND METER FEES); ADDING A NEW RATE SCHEDULE ENTITLED FIRE
HYDRANT INSTALLATION; PROVIDING FOR A REPEALER; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 2001-335
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO. 2000-295 FOR WASTEWATER SERVICE;
AMENDING THE PROVISIONS OF THE SCHEDULE RESPECTING SALE OF
TREATED WASTEWATER EFFLUENT (SCHEDULE SGE); PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
NO. 2001-336
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND
PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND
TAXPAYERS CONTAINED IN ORDINANCE NO. 2000-296; AMENDING THE
NAME OF THE ACCOUNT CONNECTION AND RECONNECTION FEES TO THE
ACCOUNT CONNECTION AND RECONNECTION CHARGES; AMENDING THE
NAME OF THE ELECTRIC METER INSTALLATION FEE TO THE ELECTRIC
METER INSTALLATION CHARGE; AMENDING THE NAME OF THE ELECTRIC
AND WATER METER RECONNECTION FEE TO THE ELECTRIC AND WATER
METER CONNECTION CHARGE; AMENDING THE DELINQUENT SERVICE FEE
TO THE DELINQUENT SERVICE CHARGE; AMENDING THE METER READING
AND TEST FEES TO THE METER READING AND TEST CHARGES; AMENDING
THE NAME OF THE INSUFFICIENT FUND CHECK CHARGE TO THE
RETURNED PAYMENT CHARGE; AMENDING THE APPLICATION OF AND THE
INTEREST RATE TO THE SERVICE DEPOSITS PROVISION; WHOLLY
DELETING THE CREDIT CARD SERVICE FEE; ADDING A CREDIT REPORT
CHARGE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 4, 2001
Page 8
3 8 9
41.
NO. 2001-337
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AIvlENDING THE
SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2000-298 FOR
ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
42.
NO. 2001-338
AN ORDINANCE AMENDING ORDINANCE NO. 2000-461 TO INCREASE THE
ANIMAL EUTHANASIA FEE TO THIRTY DOLLARS ($30.00) PER ANIMAL AND
TO PROVIDE A RABIES DIAGNOSTIC TESTING FEE OF SEVENTY DOLLARS
($70.00) PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL
BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Council considered Item #22.
Council Member Redmon expressed a concern regarding the target the program was trying to
achieve with this ordinance and who it was trying to help. He felt cosmetic renovations had been
done in the past but not upgrades to plumbing and electrical items that were necessary.
Barbara Ross, Community Development Administrator, stated that under current regulations, the
structure had to come up to code and that the dollar limits were based on square footage.
The following ordinance was considered:
NO. 2001-314
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 ~CONSTRUCTION PROGRAMS AND
ELIGIBILITY CRITERIA FOR THE 2001 GRANT YEAR; AUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Redmon seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carded unanimously.
Council considered Item #23.
Council Member Redmon questioned the number of individuals who were helped with this
program.
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· y nton City Council Minutes
September 4, 2001
Page 9
Barbara Ross, Community Development Administrator, stated that the program had assisted at
least 60 individuals to purchase homes. There was a requirement that the homes be up to code·
The following ordinance was considered:
NO. 2001-315
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
Council considered Item #34.
Council Member Fulton questioned whether the Courthouse-on-the-Square Museum was fully
funded by the County and why funds were not provided for the other county museum.
Diana Ortiz, Director of Fiscal Operations, stated that the City partnered with the County to
support this program.
NO. 2001-325
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE
COURTHOUSE-ON-THE SQUARE MUSEUM; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "aye", and Mayor Brock
"aye". Motion carded with a 5-2 vote.
Council considered Item #37.
Council Member Fulton stated that she would like to encourage commercial customers to recycle
and questioned if some type of credit could be given commercial customers who showed proof
that they were recycling.
Vance Kemler, Director of Solid Waste, stated that staff would be looking at that type of
proposal when the City rebid the recycling program.
Council Member Phillips asked for a justification for increase in residential service.
City of Denton City Council Minutes
September 4, 2001
Page 10
39 1
Kemler stated that it was to equalize the disparity between commercial and residential rates.
Currently the commemial customers were subsidizing the residential customers in rates.
Joyce Poole, 3021 Bonnie Brae, Denton, 76207, spoke regarding the issue.
The following ordinance was considered:
NO. 2001-333
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES FOR SOLD WASTE SERVICE CONTAINED IN
ORDINANCE NUMBER 2000-297 AS AUTHORIZED BY CHAPTER 24 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT
THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(A), AND 26-9 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL
EXPRESSLY APPLY TO CITY OF DENTON SOLD WASTE SERVICE;
AMENDING THE CHARGES FOR RESIDENTIAL SERVICE; INCREASING
SERVICE CHARGES FOR COMMERCIAL SIDE LOAD CONTAINER SERVICE;
AMENDING THE CHARGES FOR TEMPORARY CONTAINER SERVICE;
AMENDING THE CHARGES FOR CONTAINER EXTRA SERVICE; PROVIDING
FOR .50 CUBIC YARD AND .33 CUBIC YARD CONTAINER SERVICE;
AMENDING THE CHARGES FOR CONTAINER DELIVERY, RELOCATION, AND
INACCESSIBLE CONTAINERS; AMENDING THE CITY OF DENTON CHARGES
FOR THE STATE OF TEXAS DISPOSAL FEE; NOTIFYING CITIZENS THAT ALL
LANDFILL PERMITS ISSUED IN PRIOR YEARS HAVE EXPIRED; PROVIDING
FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "aye", and Mayor Brock
"aye". Motion carried with a 5-2 vote.
Council considered Item #43.
Council Member Phillips stated that he objected to the budget and the tax increase to accelerate
the CIP projects that he felt were unnecessary. He did not agree with the tax and spend
philosophy of this Council and the previous Council.
Council Member Fulton stated that the budget was basically in place before the current Council
took office. She was not happy with the budget but had to go with it this year.
Council Member Redmon read a letter from the Boys and Girls Club regarding non-funding of
the Fred Moore program for next year. He indicated that he was not happy with the budget for
this year.
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City of Denton City Council Minutes
September 4, 2001
Page 11
Council Member McNeill stated that the citizens did vote to accelerate the bond program and the
associated costs for acceleration. Council had to either cut $700,000 out of the budget or
increase the tax rate by 2 cents.
Council Member Burroughs stated that this budget dealt with the CIP projects that the citizens
had approved in prior years. It was an acceleration of the projects that was different from other
years. The citizens had approved that acceleration and Council needed to abide by that direction.
Mayor Brock reviewed the history of the CIP projects and resulting tax rate.
NO. 2001-339
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING
SEPTEMBER 30, 2002; AND DECLARING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "nay", McNeilt "aye", Phillips "nay", Redmon "nay", and Mayor Brock
"aye". Motion carried with a 4-3 vote.
Council Member Redmon left the meeting.
Council considered Item #44.
Phillips motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion
carried unanimously.
NO. R2001-047
A RESOLUTION ADOPTING THE FIRST YEAR OF THE CAPITAL
IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING
COMMISSION AND PUBLIC UTILITIES BOARD; AND PROVIDING AN
EFFECTIVE DATE.
Council considered Item #45.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "nay", and Mayor Brock
"aye". Motion carried with a 4-3 vote.
NO. 2001-340
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 2001, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2001, NOT
EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
393
City of Denton City Council Minutes
September 4, 2001
Page 12
OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED
EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT
OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Council considered Item #46.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "nay", and Mayor Brock
"aye". Motion carried with a 6-1 vote.
NO. 2001-341
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE 2001
TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARINGS
47. The Council held a public heating and considered adoption of an ordinance approving a
Specific Use Permit (SUP) on approximately 239 acres generally located south of Highway 380,
east of S. Nail Road and north of Jim Christal Road. The property was in an Agricultural (A)
zoning district. Drilling, installation and the operation of wells for the extraction of natural gas
were proposed. The Planning and Zoning Commission recommended approval (6-1) with
conditions. (Z01-0025)
Larry Reichhart, Assistant Director of Planning and Development, stated that conditions were
imposed by the Planning and Zoning Commission relating to noise and lighting.
The Mayor opened the public heating.
The following individuals spoke during the public heating:
Carl Young, 321 E. Mill, Denton, 76205 - favor
Mitchell Engineering Company - favor
The Mayor closed the public heating.
The following ordinance was considered:
NO. 2001-342
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR THE DRILLING, INSTALLATION, AND THE OPERATION OF
WELLS FOR THE EXTRACTION OF NATURAL GAS ON APPROXIMATELY 239
ACRES OF LAND GENERALLY LOCATED SOUTH OF HIGHWAY 380, EAST OF
S. NAIL ROAD, AND NORTH OF JIM CHRISTAL ROAD, WITHIN AN
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF
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September 4, 2001
Page 13
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE
DATE. (Z-01-0025)
Beasley motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carded unanimously.
48. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 4.3 acres, commonly known as 500 and 617 Newton Street and generally located
east of Ruddell Street approximately 300 feet north of the intersection of Ruddell Street and
Wilson Street, from Single-Family-7 (SF-7) zoning district to Planned Development (PD) zoning
district allowing multi-family uses and providing a Concept Plan for that purpose. Multi-family
housing was proposed. The Planning and Zoning Commission recommended approval (4-3).
(ZOl-O021)
Larry Reichhart, Assistant Director for Planning and Development, stated that the site was
adjacent to the Phoenix Apartments. The Denton Plan identified the area as infill compatibility.
A supermajority vote was required due to opposition of over 20% by the adjoining property
owners.
The Mayor opened the public heating.
The following individuals spoke during the public heating:
John C. Gay, 500 Newton Street, Denton, 76205 - favor
Carl Young, 321 E. Mill, Denton, 76205 - favor
Gerard Hudspeth, Newton Street, Denton, 76205 - opposed
Willie Hudspeth, 623 Newton Street, 76205 - opposed
The Mayor closed the public heating.
Mayor motioned, Beasley seconded to deny the rezoning.
Redmon motioned, McNeill seconded to table the request until the September 18th meeting in
order to receive more information from the DISD as to their opposition to the proposal. On roll
vote, Beasley "nay", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "nay". Motion carried with a 5-2 vote.
49. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.2 acres, commonly known as 315 Sycamore Street and generally located south
of Sycamore Street approximately 350 feet east of the intersection of Carroll Boulevard and
Sycamore Street, from Multi-Family-1 (MF-1) zoning district to Planned Development (PD)
zoning district allowing residential and commercial uses and providing a Detailed Plan for that
purpose. A jewelry/handcrafts store was proposed. The Planning and Zoning Commission
recommended approval (6-1). (Z01-0024)
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September 4, 2001
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Larry Reichhart, Assistant Director for Planning and Development, stated that the detailed plan
indicated 500 square feet within the existing structure that would be used for a jewelry handcraft
store.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public haring.
The following ordinance was considered:
NO. 2001-343
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM MULTI-FAMILY-1 (MF-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
ALLOWING RESIDENTIAL AND JEWELRY/HANDCRAFTS SHOP USES FOR
APPROXIMATELY 0.2 ACRES OF LAND COMMONLY KNOWN AS 315 WEST
SYCAMORE STREET GENERALLY LOCATED 350 FEET EAST OF THE
INTERSECTION OF CARROLL BOULEVARD AND SYCAMORE STREET
LEGALLY DESCRIBED AS PART OF LOT 3 AND ALL OF LOT 4 OF THE
STROUD ADDITION; PROVIDING A CONCEPT 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-01-0024)
Beasley motioned, Burroughs seconded to adopt the ordinance with the conditions recommended
by the Planning and Zoning Commission. On roll vote, Beastey "aye", Burroughs "aye", Fulton
"aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried
unanimously.
50. The Council held the first of two public hearings to consider the involuntary annexation
and service plan for approximately 32 acres of land generally located along Masch Branch Road,
south of Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ETJ) of
the City of Denton. (Masch Branch Road Asphalt Plant, A01-0004)
Larry Reichhart, Assistant Director for Planning and Development, stated that this was an
involuntary annexation for an area where an asphalt batch plant had been proposed.
The following individual spoke during the public hearing:
Patricia Adams - opposed
The Mayor closed the public hearing.
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September 4, 2001
Page 15
Council Member Burroughs suggested working on an agreement in lieu of annexation that would
eliminate the possibility of a batch plant.
Consensus of Council was to continue with the annexation schedule but look at possibility of an
agreement in lieu of annexation to eliminate the possibility of a batch plant.
51. The Council held the first of two public hearings to consider the voluntary annexation
and service plan for approximately 2,226 acres of land generally located south of FM 2449, west
of 1-35 West, north of Robson Ranch Road and partially east of the Robson Ranch Development
and John Paine Road in the extraterritorial jurisdiction (ETJ) of the City of Denton. (Hunter
Ranch, A01-0005)
Larry Reichhart, Assistant Director of Planning and Development, stated that this was a
voluntary annexation that changed after an initial involuntary annexation. Two properties that
had been included in the involuntary annexation were not included in voluntary annexation.
The Mayor opened the public hearing.
Misty Ventura, Hughes and Luce, Dallas, 76201 - favor
The Mayor closed the public hearing.
No action was required on this item at this time.
ITEMS FOR INDIVIDUAL CONSIDERATION
52. The Council considered adoption of 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 for an effective date.
Council Member Redmon left the meeting with a potential conflict of interest.
The following ordinance was considered:
NO. 2001-344
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 FOR AN EFFECTIVE DATE
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion
carried unanimously.
Council Member Redmon returned to the meeting.
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September 4, 2001
Page 16
397
53. The Council reconsidered the adoption of Ordinance 2001-303 amending the Interim
Residential Regulations, Ordinance 2000-046, amended by Ordinance 2000-178, for the primary
purpose of adopting revisions to the size threshold for development exemptions. (SI01-0012)
Burroughs motioned, Fulton seconded to reconsider Ordinance 2001-303 for the purpose of
reducing the size threshold from 50 acres to 25 acres. On roll vote, Beasley "aye", Burroughs
"aye", Fulton "aye", McNeill "nay", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion can/ed with a 6-1 vote.
The following ordinance was considered:
NO. 2001-345
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERCEDING
ORDINANCE NO. 2001-303 AMENDING ORDINANCE NOS. 2000-046 AND 2000-
178 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO
PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING A SAVINGS CLAUSE.
Burroughs motioned, Fulton seconded to reduce the site threshold from 50 acres to 25 acres. On
roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "aye". Motion carried unanimously.
54. Announcement and notice of annual TMPA meeting.
Council Member McNeill, remind Council of the annual TMPA meeting to be held September
13th at the Radisson Hotel in Denton.
55. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member McNeill requested a work session discussion on suggested
proposals for conducting public hearings.
B. Council Member Fulton requested a discussion on a possible resolution by the
Council to encourage ethics in campaigning.
C. Council Member McNeill requested an item for replacements on two city council
committees.
D. Council Member McNeill requested a work session discussion on where TXU
pipelines were located.
E. Council Member Phillips requested an RFP as soon as possible for the curbside
recycling bid.
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September 4, 2001
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F. Council Member Redmon requested a work session discussion regarding the
status of city staff assisting outside community meetings.
G. Council Member Burroughs asked that the work session item regarding the bid
procedure include a discussion on the points made by Mr. Atkins relative to health insurance
bidding.
H. Mayor Brock suggested that the discussion on the bid procedures be held before
the discussion on the recycling bid process.
56. City Manager Conduff did not have any items for the Council.
57. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
58. The following official action was taken on Closed Meeting Item(s) under Sections
551.071-551.086 of the Texas Open Meetings Act.
Burroughs motioned, Beasley seconded to approve the action recommended in Executive
Session relative to the City of Denton vs. VV Water Supply System, Inc. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 10:06 p.m.
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS