Minutes September 03, 2002CITY OF DENTON CITY COUNCIL M1NUTES
September 3, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 3, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street, Denton, Texas.
PRESENT:
Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill,
Montgomery, Phillips, and Redmon.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding
wastewater service in the Clear Creek and Milam Creek Basins.
Jim Coulter, Director of Water Utilities, stated that the Clear Creek Basin and Milam Creek
Basin constituted the majority of the northern portion of the wastewater service area north of
Loop 288 from west of IH 35 to the proximity of the Elm Fork of the Trinity Fiver. Two major
developments were proposed in the Basins that would pose a challenge for wastewater service in
the area north of Loop 288. In addition the EPA had verbally notified staff that fines would be
levied due to overflows reported to the EPA and TNRCC.
P. S. Arora, Assistant Director of Wastewater, stated that a modeling study had been done to
determine the impact of the Clear Creek Ranch wastewater flows on the Pecan Creek System
south of Loop 288. It was determined that the existing system could not accommodate all flows
from the proposed development. One option was to route all flows through the existing
collection system south of Loop 288 from the proposed developments. Additional capital
improvements would be necessary to accommodate flows. The second option was to develop a
wastewater collection and treatment system in the Clear Creek Basin.
Consensus of Council was to proceed with the hiring of a consultant to begin work on the design.
2. The Council received a report, held a discussion and gave staff direction regarding Solid
Waste Ordinance revisions.
Vance Kemler, Director of Solid Waste, presented the details on the proposed revisions to the
solid waste ordinance. Some of those revisions included establishing a set out time for garbage
to be placed at the curb for residential collection; addressing litter and illegal dumping issues;
establishing commercial customer requirements for container screening, placement and
housekeeping around the containers; revising out-of-date definitions; establishing commercial
and residential refuse collection operating hours; updating the code language on the prohibition
from collection and disposal of certain materials and wastes to conform to current state and
federal law; revising brush and yard waste collection requirements to reflect current practices;
revising bulky items collection service to reflect current practices; and revising the permit and
registration requirements for special waste and recycling service providers.
Consensus of the Council was to proceed as proposed.
3. The Council received a report and held a discussion regarding the City of Denton
Mosquito Control Program.
City of Denton City Council Minutes
September 3, 2002
Page 2
Kenneth Banks, Wastershed Protection Manager, reviewed the procedures involved in the City's
program concerning mosquito protection.
4. The staff responded to Council requests for clarification of consent agenda items listed on
the consent agenda for the regular meeting of September 3, 2002.
Regular Meeting of the City of Denton City Council on Tuesday, September 3, 2002 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
PROCLAMATIONS/PRESENTATIONS
2. Mayor Brock presented proclamations for Payroll Week and Day of Remembrance-
September 11, 2001.
3. The Council received a presentation by Keep Denton Beautiful, Inc. to the Denton Parks
and Recreation Department, the Denton Independent School District, Safety-Kleen, Inc., and
Ruthanne Thompson with environmental awards given by Keep Texas Beautiful in their annual
statewide competition. Each winner was previously recognized in July at the Annual Keep
Texas Beautiful Conference in San Antonio.
4. Recognition of staff accomplishments.
City Manager Conduff presented staff accomplishments to the Council.
CITIZEN REPORTS
5. The Council received citizen reports from the following:
A. Carl Young, Sr. regarding various issues with the City.
Mr. Young presented a petition regarding the naming of a street honoring Martin Luther King, Jr.
and requested a study to determine the best street for receiving the name change. He spoke on
the saving of the Quaker Home in southeast Denton and to place it either in the Civic Center
Park or next to the Selby House.
Ross Melton regarding the budget, Melton lawsuits, Code Enforcement, and
lawyers.
Mr. Melton repeated his concerns with the budget, his lawsuits, Code Enforcement, and lawyers.
C. Dessie Goodson regarding code enforcement, tax abatements and city
transportation.
City of Denton City Council Minutes
September 3, 2002
Page 3
Ms. Goodson expressed concerns about vegetation growing over city sidewalks that hamper
walking on the sidewalks. She also expressed concern about the tax abatement given to Sally
Beauty Supply and the LINK transportation schedule.
CONSENT AGENDA
Council Member Fulton asked that Items #25 and #28 be considered separately.
McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Items #25 and #28. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried unanimously.
Item #25 was considered.
Council Member Fulton questioned if Council Member McNeill had a conflict of interest with
the vote on the funding for the Chamber of Commerce, as he was president of the Board of
Directors.
City Attorney Prouty stated that as the position was a volunteer and he did not receive any
compensation, Council Member McNeill would not have a conflict of interest.
Fulton motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
Item #28 was considered.
Council Member Fulton questioned if Council Member Montgomery had a conflict of interest
with the vote on the funding for the Courthouse Museum as he was listed as a member of the
Board of Directors.
Council Member Montgomery stated that he had resigned from the Board of Directors following
his election to the Council.
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "aye", and
Mayor Brock "aye". Motion carried with a 5-2 vote.
6. NO. 2002-261
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HDR ENGINEERING,
INC. FOR THE ENGINEERING DESIGN OF THE US 377/FT. WORTH DRIVE
RAILROAD BRIDGE REPLACEMENT AS SET FORTH IN THE CONTRACT; AND
PROVIDING AN EFFECTIVE DATE (RFP 2860 - PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING DESIGN OF US 377 AWARDED TO HDR
ENGINEERING, INC. FOR A TOTAL AMOUNT OF $513,303).
City of Demon City Council Minutes
September 3, 2002
Page 4
10.
11.
NO. 2002-262
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE GAYLA BRIDGES
STREET PAVING; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2855 - GAYLA
BRIDGES STREET PAVING AWARDED TO JAGOE-PUBLIC CO. IN THE
AMOUNT OF $89,798).
NO. 2002-263
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 42" AND 36"
WATER TRANSMISSION LINES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2872 -
LOOP 288 42" AND 36" WATER TRANSMISSION LINES AWARDED TO THE
LOWEST RESPONSIBLE BIDDER IN THE BASE BID AMOUNT OF $2,132,782.60
PLUS ALTERNATES A AND B IN THE AMOUNT OF $27,500 FOR A TOTAL
AMOUNT OF $2,160,282.60).
NO. 2002-264
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST
ELEVATED STORAGE TANK SUPPLY LINE PROJECT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2874 - NORTHWEST ELEVATED STORAGE TANK SUPPLY LiNE
AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN THE
AMOUNT OF $344,825.74).
NO. 2002-265
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR
THE ACQUISITION OF SEMI-AUTOMATED RECYCLING CARTS BY WAY OF
AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (INTERLOCAL AGREEMENT - PURCHASE ORDER 106474 TO H-GAC IN
THE AMOUNT OF $594,585).
NO. 2002-266
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION
AND ADVERTISEMENT SALES FOR THE PARKS AND RECREATION
DEPARTMENT'S PLAY SEASONAL BROCHURE; PROVIDING FOR THE
City of Demon City Council Minutes
September 3, 2002
Page 5
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE
(BID 2871 - P.A.R.D. SEASONAL BROCHURES AWARDED TO THE LOWEST
BIDDER FOR EACH SECTION IN THE GROSS AMOUNT OF $39,912.85 LESS
$12,000 (ESTIMATED AD REVENUE) FOR A NET ESTIMATED COST OF
$27,912.85).
12.
NO. R2002-034
A RESOLUTION ALLOWING MI CASITA RESTAURANT TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y
ALMA EVENT ON SEPTEMBER 28, 2002, 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.
13.
NO. R2002-035
A RESOLUTION OF THE CITY OF DENTON TEXAS APPROVING REVISED CITY
POLICIES REGULATING NEPOTISM POLICY FOR THE CITY OF DENTON
EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
14.
NO. R2002-036
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING DISCIPLINARY APPEAL POLICY FOR THE CITY
OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
15.
NO. R2002-037
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING MILITARY SERVICE LEAVE POLICY FOR THE
CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
(Items 16-35 were items that supported the proposed 2002-2003 budget and had been
previously considered in budget work sessions)
16. NO. 2002-267
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2001-337 FOR
ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
17.
NO. 2002-268
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED
IN ORDINANCE NO. 2001-334 FOR WATER SERVICE AND WATER RATES;
AMENDING THE WHOLESALE RAW WATER SERVICE RATE TO UPPER
City of Demon City Council Minutes
September 3, 2002
Page 6
TRINITY REGIONAL WATER DISTRICT (SCHEDULE WRW); DELETING THE
MISCELLANEOUS FEES SCHEDULE; PROVIDING FOR A REPEALER;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
18.
NO. 2002-269
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO. 2001-335 FOR WASTEWATER SERVICE;
AMENDING THE COMPOST AND WOOD MULCH SCHEDULE TO ADD A NEW
COMPOST PRODUCT (SCHEDULE CWM); AMENDING THE CHARGES FOR
UNCONTAMINATED GRASS/BRUSH/LEAVES AND ADDING A MINIMUM
CHARGE (SCHEDULE GBL); ADDING THE PROVISION OF THE SCHEDULED
RESPECTING THE STORM DRAINAGE FEE (SCHEDULE SD) CONTAINED IN
ORDINANCE NO. 2002-019; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
19.
NO. 2002-270
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN
ORDINANCE NUMBERS 2001-333 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 SOLID WASTE SERVICE; REVISING THE
APPLICATION FOR RATE SWR, DELETING THE SURCHARGE FROM THE
RESIDENTIAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE
SURCHARGE TO THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES
RATE, ESTABLISHING THE CHARGES FOR CONTAINERIZED RESIDENTIAL
CART SERVICE, AMENDING THE CHARGES FOR MINIMUM BILLING/BASE
RATE SERVICE UPON CONDITION AND APPLICATION AMENDING THE
CHARGES FOR LANDSCAPE WASTE, ADDING THE CHARGES FOR
RESIDENTIAL CONSTRUCTION MATERIALS (SCHEDULE SWR); ESTABLISHING
THE RATE FOR RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING
SERVICES; EXCEPTION TO IMPOSITION OF RATE (SCHEDULE SWRR);
ESTABLISHING THE RESIDENTIAL FINANCIAL NEED SERVICE DISCOUNT
(SCHEDULE SWRD); INCREASING SERVICE CHARGES FOR COMMERCIAL
FRONT-LOAD AND SIDE-LOAD CONTAINERS, AMENDING THE CHARGES FOR
COMMERCIAL CART SERVICE, ADDING HAND-COLLECTED COMMERCIAL
SERVICE, INCREASING THE RENTAL CHARGE FOR TEMPORARY CONTAINER
SERVICE, DECREASING THE COMMERCIAL MINIMUM RATE, ESTABLISHING A
MINIMUM SERVICE REQUIREMENT FOR TEMPORARY CONTAINERS,
DELETING THE SURCHARGE FROM THE COMMERCIAL AND INSTITUTIONAL
SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE
TO THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION
SERVICE RATE, AMENDING THE NUMBER OF BULKY ITEMS COLLECTED
FROM PERMANENT SERVICE CUSTOMERS AT NO ADDITIONAL CHARGE,
City of Demon City Council Minutes
September 3, 2002
Page 7
AMEND1NG THE COMMERCIAL DEPOSIT REQUIREMENTS (SCHEDULE SWC);
ESTABLISHING A MINIMUM LANDFILL CHARGE, ESTABLISHING AN OFF-
ROAD TIRE CHARGE, AMENDING THE LANDSCAPE WASTE CHARGES,
EXPANDING THE 1NERT MATERIALS RATE TO INCLUDE BRICK/BLOCK,
INCREASING THE UNSECURED LOAD CHARGE (SCHEDULE SWL); PROVIDING
FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
20.
NO. 2002-271
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. 2001-336; AMENDING THE
ELECTRIC AND WATER CONNECTION CHARGE TO INCLUDE ELECTRIC
SERVICE REQUESTED AFTER BUS1NESS HOURS CHARGE AND WATER
SERVICE REQUESTED AFTER BUSINESS HOURS CHARGE; AMENDING THE
DELINQUENT SERVICE CHARGE TO INCLUDE A RECONNECT CHARGE
AFTER BUS1NESS HOURS; ADDING UNAUTHORIZED USAGE PENALTY;
CHANGING THE NAME OF THE METER READING AND TEST CHARGES RATE
SCHEDULE TO METER CHARGES; ADDING A METER TAMPERING AND/OR
DAMAGE CHARGE; ADDING METER INACCESSIBILITY CHARGE; AMENDING
THE SERVICE DEPOSITS FOR COMMERCIAL CUSTOMERS TO REQUIRE
DEPOSIT IF SERVICE DISCONTINUED FOR NON PAYMENT; ADDING A LATE
PAYMENT CHARGE DUE ON DELINQUENT BALANCES; ADDING AN
INTEREST CHARGE ON PAST DUE BALANCES; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
21.
NO. 2002-272
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
22.
NO. 2002-273
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
23.
NO. 2002-274
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
City of Demon City Council Minutes
September 3, 2002
Page 8
24.
25.
26.
27.
28.
29.
NO. 2002-275
AN ORDINANCE AMENDING SECTION 22-38 OF CHAPTER 22 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, RELATING TO FACILITY AND PROGRAM FEES BY ADOPTING A
SCHEDULE OF FEES; REPEALING ALL FEES IN CONFLICT WITH SUCH
SCHEDULE; REPEALING ORDINANCE NO. 99-311 AND ALL ORDINANCES IN
CONFLICT WITH THE NEW SCHEDULE OF FEES; AND PROVIDING AN
EFFECTIVE DATE.
NO. 2002-276
AN ORDINANCE APPROVING THE CALENDAR YEAR 2003 ("CY2003")
BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER
DENTON ARTS COUNCIL, THE DENTON CHAMBER OF COMMERCE, AND THE
NORTH TEXAS STATE FAIR; AND PROVIDING AN EFFECTIVE DATE.
NO. 2002-277
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF
COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
NO. 2002-278
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON COMMUNITY THEATRE
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING
AN EFFECTIVE DATE.
NO. 2002-279
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 AND THE COURTHOUSE-ON-THE SQUARE
MUSEUMS; AND PROVIDING AN EFFECTIVE DATE.
NO. 2002-280
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL
FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
City of Demon City Council Minutes
September 3, 2002
Page 9
30.
31
32.
33.
34.
35.
NO. 2002-281
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL
ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE;
AND PROVIDING AN EFFECTIVE DATE.
NO. 2002-282
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEJAS STORYTELLING
ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE;
AND PROVIDING AN EFFECTIVE DATE.
NO. 2002-283
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING
SEPTEMBER 30, 2003; AND DECLARING AN EFFECTIVE DATE.
NO. R2002--38
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.
NO. 2002-284
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 2002, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2002, NOT
EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
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.
NO. 2002-285
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2002
TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 3, 2002
Page 10
PUBLIC HEARINGS
36. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 0.33 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown
Residential 2 (DR-2) zoning district. The property commonly known as 918 Avenue A, was
generally located at the northwest corner of Fannin and Avenue A, south of Eagle Drive. Multi-
family residential was being proposed. The Planning and Zoning Commission recommended
approval (3-2). (Z02-0033, 918 Avenue A)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, Mitchell Planning Group - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-286
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REZONING AN
APPROXIMATE 0.33 ACRE OF LAND LOCATED AT 918 AVENUE A AND
LEGALLY DESCRIBED AS LOT 6 OF F. W. DARNELL ADDITION, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS, FROM DOWNTOWN RESIDENTIAL 1
(DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Z02-0033)
McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and
Mayor Brock "aye". Motion carried unanimously.
37. The Council held a public hearing and considered adoption of an ordinance granting a
license for a surface use of a portion of the Denton Branch Rail Trail approximately 570 feet south
of Walton Road at milepost 727.5 for the installation of a private street in accordance with Chapter
26 of the Texas Parks and Wildlife Code.
Bob Ticker, Superintendent of Planning and Development-Parks and Recreation, presented the
details of the proposal.
The Mayor opened the public hearing.
City of Denton City Council Minutes
September 3, 2002
Page 11
The following individuals spoke during the public hearing:
Bobby Dollak, 111 Hillside Drive, Lewisville, 7507 - favor
Ben Pinnell, Rt. 13, Corinth, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-287
AN ORDINANCE GRANTING APPROVAL OF A LICENSE FOR THE SURFACE
USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY
570 FEET SOUTH OF WALTON ROAD AT MILE POST 727.5 FOR THE PURPOSE
OF A PRIVATE ROADWAY CROSSING IN ACCORDANCE WITH CHAPTER 26
OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE
ISSUANCE OF AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
Fulton motioned, Burroughs seconded to adopt the ordinance and requested staff to file the
license with the County. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried
unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Brock left the meeting with a conflict of interest.
38. The Council considered adoption of an ordinance on third reading amending the existing
Gas Franchise between the City and TXU Gas Company, to provide for a different consideration
and to authorize the lease of facilities within the City's rights-of-way; providing for acceptance
by TXU Gas Company; finding and determining that the meeting at which this ordinance is
passed is open to the public as required by law; and providing an effective date.
The following ordinance was considered:
NO. 2002-288
AN ORDINANCE ON THIRD READING AMENDING THE EXISTING GAS
FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE
FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF
FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR
ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
Fulton motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion
carried unanimously.
City of Denton City Council Minutes
September 3, 2002
Page 12
39. The Council considered adoption of an ordinance on third reading amending the existing
Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a
different consideration; providing for acceptance by Oncor Electric Delivery Company; finding
and determining that the meeting at which this ordinance is passed is open to the public as
required by law; and providing an effective date.
The following ordinance was considered:
NO. 2002-289
AN ORDINANCE ON THIRD READING AMENDING THE EXISTING ELECTRIC
FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY
COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING
FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; F1ND1NG
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING
AN EFFECTIVE DATE.
Fulton motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion
carried unanimously.
40. New Business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Phillips suggested looking into funding from TxDot for
construction of sidewalks on East McKinney between Loop 288 and Ryan High School.
B. Council Member Redmon asked for a study for the naming of a street in honor of
Martin Luther King, Jr.
41. Items from the City Manager
Mr. Conduff did not have any items for Council.
42. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
43. 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 8:20 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS