Loading...
Minutes August 01, 2000CITY OF DENTON CITY COUNCIL MINUTES August 1, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, August 1, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT:None 1.Closed Meeting: A.Deliberations Regarding Real Property --- Under TEX. GOV’T. CODE Section 551.072. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** 1.Received information from Staff, discussed, deliberated, considered, and provided Staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton’s electric utility system, including without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City’s electric generation assets. Regular Meeting of the City of Denton City Council on Tuesday, August 1, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT:Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT:None 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.July Yard of the Month Awards Mayor Brock presented the July Yard of the Month Awards to: Etha Varner Judith Harden Clay Thomas Elaine Fannin Don Gray City of Denton City Council Minutes August 1, 2000 Page 2 Agnes and John Kokalis Art Glass by Sigrid CITIZEN REPORTS 3.The Council received a report from James Hineman regarding the pet ordinance. Mr. Hineman requested that the City pass an ordinance limiting the number of animals allowed in a household. An area resident was keeping an illegal animal shelter that was causing a problem with noise, odor and the storage of mass amounts food for the animals on the property resulting in rodent problems. 4.The Council received a report from Robert Hughes regarding the Pecan Creek expansion. Mr. Hughes stated that the area neighbors had formed a neighborhood organization due to the proposed Pecan Creek expansion. He felt that the expansion would destroy several historical homes in the area and would impact foot and vehicular traffic of those living in the area. Many old trees would have to be removed for the project. The drainage needed to be improved in the area but not at the expense of the neighborhood. He also questioned the timing of the project and the need to remove the historic homes so far in advance of the beginning of the project. 5.The Council received a report from William Reid regarding the Pecan Creek expansion. Mr. Reid stated that he was in opposition to the proposed Pecan Creek expansion project. He felt there were alternatives to the proposed expansion project and had presented alternatives to the City. They had received no response from the City regarding those alternatives. The area residents were also concerned about the financial impact on the value of their homes with empty lots next to them used only for drainage purposes. 6.The Council received a report from Barbara Harris regarding the Pecan Creek Drainage Project. Ms. Harris stated that the neighborhood had improved over the years with the new residents taking more pride in the appearance of their homes. She felt that the proposed expansion of the Pecan Creek drainage project would have a negative impact on the neighborhood and the City in general. She felt there were alternatives possible instead of the proposed expansion. 7.The Council received a report from Ray Harris regarding the Pecan Creek Drainage Project. Mr. Harris did not speak at the meeting. 8.The Council received a report from Rob Raynor regarding the Pecan Creek drainage channel. Mr. Raynor stated that he had a client with a business in the area and the proposed expansion would take away the client’s drive-through for his business. He requested the City look at alternatives to the proposed expansion. City of Denton City Council Minutes August 1, 2000 Page 3 9.The Council received a report from Richard Gore regarding proposed changes to Stroud Street due to Pecan Creek Drainage Project. Mr. Gore stated that he owned a business in the area that would be affected by the proposed expansion. The closing of Stroud Street would adversely affect his business as delivery trucks coming to his music business would have a difficult time navigating the one-way street system. 10.The Council received a report from Ross Melton regarding Melton vs. Denton – the answer that is not. Mr. Melton stated he was still having problems with Code Enforcement and was still receiving incorrect notices. He was not receiving answers to his questions and felt that the City was at fault for the dismissal of his lawsuits without proper justification. NOISE EXCEPTION 11.The Council considered a request for an exception to the Noise Ordinance for the Third Annual Denton Blues Festival at the North Texas Fairgrounds on September 16, 2000 hosted by the Denton Black Chamber of Commerce from 10:00 p.m. until midnight. Durrance motioned, Beasley seconded to approve the request for exception. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, and Mayor Brock “aye”. Motion carried unanimously. CONSENT AGENDA Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 12.Approved a tax refund to David Cloutier. The 1999 tax was paid twice, resulting in an overpayment. 13.Approved a tax refund to Nextel of Texas, Inc. The 1999 property tax account was deleted from the tax roll, resulting in an overpayment. 14.Approved a tax refund to James Wood Auto Park. The 1999 tax was paid twice, resulting in an overpayment. 15.Approved a tax refund to Ronald E. Jones. The 1999 taxable value was corrected per Supplement #13 from Denton Central Appraisal District, resulting in an overpayment. 16. NO. 2000-240 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT FOR LEASE/PURCHASING FINANCING OF EQUIPMENT BETWEEN THE CITY OF DENTON AND GOVERNMENT CAPITAL CORPORATION; City of Denton City Council Minutes August 1, 2000 Page 4 PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, AND AN INCREASE IN THE EFFECTIVE RATE AND INCREASE IN THE TOTAL FINANCING CHARGES AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID 2489 – LEASE/PURCHASING FINANCING AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE EFFECTIVE RATE OF 4.99% AND APPROXIMATE FINANCING CHARGES TOTAL $99,819 + CHANGE ORDER 1 AT THE EFFECTIVE RATE OF 5.975% AN INCREASE FINANCING CHARGE OF $28,698.32 FOR A TOTAL OF $128,517.32) 17. NO. 2000-241 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF SOUTH LAKES PARK/JOE SKILES PARK IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2536 – SOUTH LAKES PARK/JOE SKILES PARK IMPROVEMENT PROJECT AWARDED TO RELIABLE PAVING CO. IN THE AMOUNT OF $602,150) 18. NO. 2000-242 AN ORDINANCE ACCEPTING A RESPONSE TO A REQUEST FOR SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE EXPENDITURE OF FUNDS THEREFORE; AND TO PROVIDE AN EFFECTIVE DATE. (RFSP 2483 – MASTERCARD/VISA MERCHANT AWARDED TO TEXAS BANK FOR AN ANNUAL ESTIMATED EXPENDITURE OF $22,334.16) 19. NO. 2000-243 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A CRAWLER DOZER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2519 – CRAWLER DOZER AWARDED TO DARR EQUIPMENT IN THE AMOUNT OF $313,900) 20. NO. 2000-244 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 2500 KVA PADMOUNTED TRANSFORMER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2533 – 2500 KVA PADMOUNTED TRANSFORMER AWARDED TO FRED OBERLANDER AND ASSOCIATES INC. IN THE AMOUNT OF $20,008) 21. NO. 2000-245 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CAROLYN S. MCKINZIE, RELATING TO THE PURCHASE OF APPROXIMATELY 0.267 ACRE OF LAND AND AN APPROXIMATE 0.332 ACRE DRAINAGE EASEMENT, BOTH BEING LOCATED City of Denton City Council Minutes August 1, 2000 Page 5 IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 OF DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL CONSIDERATION 22.The Council considered adoption of an ordinance of the City of Denton, Texas, partially abandoning a portion of Jim Christal Road being located between the west right-of-way line of Interstate 35 and the east line of the G.C.& S.F. Railroad and being directly across Interstate 35 from Scripture Road and being an approximate .40 acre tract of land located in the B.B.B. & C.R.R. Company Survey, Abstract Number 192, City of Denton, Denton County, Texas; and declaring an effective date. The following ordinance was considered: NO. 2000-246 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING A PORTION OF JIM CHRISTAL ROAD BEING LOCATED BETWEEN THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 35 AND THE EAST LINE OF THE G.C.& S.F. RAILROAD AND BEING DIRECTLY ACROSS INTERSTATE 35 FROM SCRIPTURE ROAD AND BEING AN APPROXIMATE .40 ACRE TRACT OF LAND LOCATED IN THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 192, CITY OF DENTON, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, and Mayor Brock “aye”. Motion carried unanimously. 23.The Council considered adoption of an ordinance superceding and repealing Ordinance No. 99-252 to increase the size of McNair Elementary School Zone; designating and establishing school safety speed zones; reducing the maximum prima facie speed limit for said school safety speed zones to speeds found to be reasonable and safe by the Engineering and Transportation Department investigations for the designated hours; providing for school bus loading zones at certain schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. (Traffic Safety Commission recommended approval on March 6, 2000.) The following ordinance was considered: NO. 2000-247 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 99-252 TO INCREASE THE SIZE OF MCNAIR ELEMENTARY SCHOOL ZONE; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE City of Denton City Council Minutes August 1, 2000 Page 6 BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 24.The Council considered adoption of an ordinance approving a notice of restriction for a 14.897-acre mitigation area on South Lakes Park required by the United States Army Corps of Engineers; authorizing its execution by the City Manager of his designee; and providing an effective date. The following ordinance was considered: NO. 2000-248 AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A 14.897-ACRE MITIGATION AREA ON SOUTH LAKES PARK REQUIRED BY THE UNITED STATES ARMY CORPS OF ENGINEERS; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OF HIS DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 25.The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal and lobbying services with the law offices of Jim Boyle for services pertaining to legal and legislative matters relating to the City of Denton, Denton Municipal Electric for the interim period prior to the th opening of the 77 Texas Legislature; authorizing the expenditure of funds therefore; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 2000-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL AND LOBBYING SERVICES WITH THE LAW OFFICES OF JIM BOYLE FOR SERVICES PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RELATING TO THE CITY OF DENTON, DENTON MUNICIPAL ELECTRIC FOR THE TH INTERIM PERIOD PRIOR TO THE OPENING OF THE 77 TEXAS LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; City of Denton City Council Minutes August 1, 2000 Page 7 PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 26.The Council considered approval of a resolution of the City of Denton, Texas urging the Texas Legislature to support changes in state law to create a deposit system for glass and plastic bottles; and providing an effective date. The following resolution was considered: NO. R2000-040 A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS LEGISLATURE TO SUPPORT CHANGES IN STATE LAW TO CREATE A DEPOSIT SYSTEM FOR GLASS AND PLASTIC BOTTLES; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 27.The Council considered nominations/appointments to the City’s Boards and Commissions. Council made nominations to the remaining vacancies on Boards and Commissions as noted in Attachment A. Beasley motioned, Young seconded to suspend the rules and vote on the nomination made. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. Burroughs motioned, Durrance seconded to approve the nomination of Mary Alice Moreno to the Community Development Advisory Commission and Steve Boedeker to the Historic Landmark Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 28.New Business There were no items of New Business suggested by Council Members for future agendas. 29.Items from the City Manager City Manager Jez did not have any items for Council. City of Denton City Council Minutes August 1, 2000 Page 8 30.There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 31.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 7:10 p.m. _____________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS