Loading...
Minutes April 18, 2000CITY OF DENTON CITY COUNCIL MINUTES April 18, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, April 18, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** 1. The Council received information from Staff pertaining to issues related to the Spencer Generation Plant, and discussed, deliberated, considered, and provided Staff with direction respecting such issues. Considered approval of an ordinance providing for, authorizing, and approving an Agreement by and between the City of Denton and Applied Utility Systems, Inc. pertaining to the purchase of combustion technology equipment and related specialized professional engineering services respecting Denton Municipal Electric; which equipment is available from only one source in accordance with the provisions of state law exempting such purchase from the requirements of competitive bids; and which professional services are exempt from the competitive bidding provisions of state law; authorizing the expenditure of funds therefor; and providing an effective date. The Council convened into a regular meeting on Tuesday, April 18, 2000 at 6:00 p.m. in the Council Chambers. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Young. ABSENT: Council Member Kristoferson 1. Pledge of Allegiance 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 March 2, March 7, March 21, and March 28, 2000. Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes April 18, 2000 Page 2 PROCLAMATIONS/PRESENTATIONS 3. Mayor Miller presented a proclamation for National Community Development Week CITIZEN REPORTS 4. The Council received a report from Ed Soph regarding MTBE in Lake Lewisville. Mr. Soph presented the Council with various facts regarding MTBE’s and the amounts that should be allowed in the City’s water system. Council Member Kristoferson joined the meeting NOISE EXCEPTIONS 5. The Council considered a request for an exception to the noise ordinance for Denton Cinco de Mayo at the North Texas Fairgrounds on Sunday, May 7, 2000 from noon to 9:30 p.m. Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. The Council considered a request for an exception to the noise ordinance for the Denton Unit of the American Cancer Society for the annual Relay for Life to be held Saturday, May 20, 2000, at Fouts Field from 12:00 noon to 1:00 a.m. Kristoferson motioned, Young seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CONSENT AGENDA Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 7. Approved a tax refund to Transamerica Tax Service for TMI, Inc. The 1999 tax was paid twice, resulting in an overpayment. 8. Approved a tax refund to Karl A. Sweetman. The 1999 tax was paid twice, resulting in an overpayment. 9. Approved a tax refund to Robin G. Wilson. The 1999 tax was paid twice, resulting in an overpayment. 10. Approved a tax refund to Flagg Marine. The 1999 tax was overpaid, resulting in an overpayment. City of Denton City Council Minutes April 18, 2000 Page 3 11. NO. 2000-140 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF OWSLEY PARK REPAVING AND SIDEWALKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2472 – OWSLEY PARK REPAVING & SIDEWALKS PROJECT AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $265,777.30) 12. NO. 2000-141 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PAINTING OF FUEL OIL TANKS, GENERATOR HOUSING, AND TRANSFORMERS AT THE MUNICIPAL POWER PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2480 – PAINTING FUEL OIL TANKS, GENERATOR HOUSING, AND TRANSFORMERS AWARDED TO PATRICK BROTHERS PAINTING CONTRACTORS IN THE AMOUNT OF $61,284) 13. NO. 2000-142 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ACQUISITION OF LEASE PURCHASE FINANCING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2489 – LEASE PURCHASE FINANCING AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE EFFECTIVE RATE OF 4.99%, APPROXIMATE FINANCING CHARGES $99,819) 14. NO. 2000-143 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF TESTING FOR INFESTATION OF FUNGI AT CENTRAL FIRE STATION IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 04125 TO THE PROVIDENT GROUP IN THE AMOUNT OF $7,250 PLUS CHANGE ORDER 1 IN THE AMOUNT OF $19,400 FOR A TOTAL OF $26,650) 15. NO. 2000-144 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 THREE ¾-TON PICKUP TRUCKS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (FILE 2499 INTERLOCAL AGREEMENT – PURCHASE ORDER 04742 TO City of Denton City Council Minutes April 18, 2000 Page 4 H-GAC IN THE AMOUNT OF $75,855.28) 16. NO. 2000-145 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF REFUSE TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2476 – REFUSE TRUCKS AWARDED AS LISTED IN THE AMOUNT OF $751,371) 17. NO. 2000-146 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIREFIGHTER BUNKER GEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2485 – FIREFIGHTER BUNKER GEAR AWARDED TO CASCO INDUSTRIES, INC., IN THE ESTIMATED AMOUNT OF $20,418.80) 18. NO. 2000-147 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF FIREFIGHTER STATION WEAR UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2486 – FIREFIGHTER STATION WEAR UNIFORMS AWARDED TO WILSON FIRE/NAFECO IN THE ESTIMATED AMOUNT OF $39,020.50) 19. NO. 2000-148 AN ORDINANCE APPROVING AMENDMENT NO. 4 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES; AND PROVIDING FOR AN EFFECTIVE DATE. 20. NO. R2000-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS DETERMINING COMPETITIVE MATTERS RESPECTING CERTAIN PUBLIC POWER UTILITIES, WHICH ARE SUBJECT TO PROTECTION UNDER THE TEXAS OPEN MEETINGS ACT AND THE TEXAS PUBLIC INFORMATION ACT; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE. 21. NO. 2000-149 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE City of Denton City Council Minutes April 18, 2000 Page 5 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. 2000-150 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY 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. 23. Approved the Preliminary Design Report by Freese & Nichols for the Modifications to Lake Ray Roberts Surface Water Treatment Plant. PUBLIC HEARINGS 24. The Council held a public hearing to receive citizen comments regarding cable television rates. John Cabrales, Interim Public Information Officer, presented information to Council regarding Charter’s request for an increase in rates. The City received the appropriate FCC forms from Charter on March 7th. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Pat Morrow, Charter Communications, answered questions from the Council. 25. The Council held a public hearing inviting citizens to comment on the City of Denton’s 2000 - 2005 Consolidated Plan for Housing and Community Development and the 2000 Action Plan. Barbara Ross, Community Development Coordinator, introduced Wallace Duvall, Chairman of the Human Services Advisory Committee, and Ann Hatch, Community Development Advisory Committee. Mr. Duvall reviewed the funding figures for the Human Services Advisory Committee. Ms. Hatch reviewed the Committee’s recommendations. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Denise Hale, 2009A Greenway, Denton, 76208 – requested reconsideration of funding for the Special Olympics team. City of Denton City Council Minutes April 18, 2000 Page 6 The Mayor closed the public hearing. 26. The Council continued a public hearing and considered approving the Detailed Plan for Planned Development (PD-93) encompassing approximately 10 acres. The property was generally located on the southwest corner of Ryan Road and Teasley Lane. A 159 unit multi- family residential development was proposed. The Planning and Zoning Commission recommended approval (4-3) with conditions. (Z-99-096, Ryan/Teasley) Doug Powell, Director of Planning and Development, stated that additional considerations from the previous Council meeting were that an 8’ high masonry fence would be added to all parking areas, buildings adjacent to the current single family home development would be one story, and additional open space would be dedicated. The Mayor opened the public hearing The following individuals spoke during the public hearing: Alison Archer, 2112 Spring Creek Parkway, Plano - favor Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - opposition Dave Neil, 1101 Buena Vista, Denton, 76205 – opposition The following individuals submitted Comment Cards: Elaine Noto, 3941 Overlake Drive, Denton, 76205 – opposition Martin Noto, 3941 Overlake Drive, Denton, 76205 – opposition The Mayor closed the public hearing. Powell stated that staff felt there were other design considerations that could be used for this property. Kristoferson motioned, Durrance seconded to deny the Detailed Plan. On roll vote, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 4-3 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 27. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submissions of an application of the Criminal Justice Division of the Office of Governor, State of Texas, requesting funding for the Denton Delinquency Prevention/Intervention Program for Juveniles; providing for the return of any lost or misused funds to the Criminal Justice Division, of the Office of the Governor, State of Texas; and providing an effective date. The following ordinance was considered: City of Denton City Council Minutes April 18, 2000 Page 7 NO. R2000-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSIONS OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES; PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED FUNDS TO THE CRIMINAL JUSTICE DIVISION, OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS; AND PROVIDING 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 Miller “aye”. Motion carried unanimously. The Council considered item #34. 34. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to submit a grant application and all other necessary documents to obtain a grant under the United States Department of Housing and Urban Development Lead- Based Paint Hazard Control Grant Program; establishing objectives and projected use of funds and a lead-paint hazard control program description with the appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and all other applicable laws; providing for an effective date. The following ordinance was considered: NO. 2000-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND ALL OTHER NECESSARY DOCUMENTS TO OBTAIN A GRANT UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD- BASED PAINT HAZARD CONTROL GRANT PROGRAM; ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-PAINT HAZARD CONTROL PROGRAM DESCRIPTION WITH THE APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND ALL OTHER APPLICABLE LAWS; PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 1013 Shady Oaks. The proposal was for Office/Warehouse use. (RN-00-10) City of Denton City Council Minutes April 18, 2000 Page 8 Beasley motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for Victoria Square Phase II. The property was located at 117 Prairie and 408 Wainwright. The proposal was for Office use. (RN-00-12) Council Member Durrance abstained from consideration of this item due to a possible conflict of interest. Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Council Member Durrance returned to the meeting. 30. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-046, for McKamy Evers Estates, located on Locust Street, south of Loop 288 and north of Evers Park. The proposal was for residential (SF-7) use. (RR- 00-09) The following individuals spoke on the item: Celia Reed, 1035 W. Oak, Denton, 76201 - favor David Evers Tripp, 2900 N. Elm, Denton 76201 - favor Cochran motioned, Young seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 31. This item was pulled from consideration. 32. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-046, for Summit Oaks Addition, Phase II. The 38.07-acre property was located approximately 122 feet north of Ryan Road on FM 2181, east of FM 2181. A single-family Planned Development (PD) was proposed. The following individuals spoke on the issue: Ottis Lee, 1192 Boling Ranch Road, Azle, 76020 - favor Jim Haddock, 6300 Radglea Place, Suite 210, Fort Worth, 76116 - favor Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - favor Dave Neal, 1101 Buena Vista, Denton, 76205 - opposition Robert Kissam, 2221 Loon Lake Road, Denton, 76205 - opposition City of Denton City Council Minutes April 18, 2000 Page 9 Beasley motioned, Young seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. 33. The Council reconsidered denial of a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for Robinson Oaks subdivision. The 36.1-acre property was located north of Robinson Road west of the future FM 2499 Right-of-Way. A single-family Planned Development (PD) was proposed. (RR-00-06, Robinson Oaks) (Council Member Burroughs requested reconsideration of this item.) Burroughs motioned, Young seconded to reconsider the denial of the proposal. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 3-4 vote. 35. The Council considered nominations and appointments to the City’s Boards and Commissions. There were no nominations/appointments made at this meeting. 36. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked for a report regarding the Planning Department’s mistakes not listing cases in a timely manner. He requested that the City Manager investigate whether any Council Members were interfering in the Planning Department and requested a plan to help prevent the situation from happening again. 37. Items from the City Manager City Manager Jez did not have any items for Council. 38. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 39. The following official action was taken on Closed Meeting items considered under Sections 551.071-551.086 of the Texas Open Meetings Act. The following ordinance was considered: NO. 2000-152 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND APPLIED UTILITY SYSTEMS, INC. PERTAINING TO THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED SPECIALIZED PROFESSIONAL ENGINEERING SERVICES RESPECTING DENTON MUNICIPAL ELECTRIC; WHICH EQUIPMENT IS City of Denton City Council Minutes April 18, 2000 Page 10 AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDS; AND WHICH PROFESSIONAL SERVICES ARE EXEMPT FROM THE COMPETITIVE BIDDING PROVISIONS OF STATE LAW; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Young seconded to approve the contract contingent on the TNRCC adopting rules substantially in the form presently proposed by the TNRCC staff, and on the PUC making a commitment to begin a formal rulemaking process by a date certain that provided cost recovery of fixed and variable operating costs of the Spencer Plant above the market clearing prices of energy and the investment in the NOx emission monitoring and controls equipment. Staff was directed to draft a letter for the Mayor’s signature to the Chairman of the PUC with copies to Senator Sibley and Representative Wolens. The letter would express Denton’s concern that the ERCOT stakeholders process would not appropriately address Denton’s cost recovery issues and requested a date certain by which the PUC would begin a formal rulemaking process to address the issues in the motion. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 9:30 p.m. ___________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS