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Minutes January 16, 2001CITY OF DENTON CITY COUNCIL MINUTES January 16, 2001 Regular Meeting of the City of Denton City Council on Tuesday, January 16, 2001 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Brock 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 November 28, 2000, December 5, 2000, and December 12, 2000. Cochran motioned, Burroughs seconded to approve the minutes. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously 6-0. CITIZEN REPORTS 3. Receive an update from County Commissioner Jim Carter regarding county issues. Commissioner Jim Carter was not present. 4. Tom Kay regarding City of Denton dump fees. Mr. Kay, 2018 Jacqueline Street, stated that the fees at the landfill were excessive and felt that the City needed to review them. 5. Carolyn Phillips regarding representation of neighborhood groups in Southeast Denton. Ms. Phillips, 722 Lakey, stated that she did not support the Denton Housing Authority placing all of their homes in Southeast Denton. She proposed that the Council make a uniform policy regarding neighborhood groups because this was needed in Southeast Denton. 3. Receive an update from County Commissioner Jim Carter regarding county issues. County Commissioner Carter arrived at the meeting. He stated that the County had looked at salaries within county departments. The County had asked residents in the November election if they would support salary increases for county employees if needed. He stated that the County had purchased the Food Lion on McKinney to house county offices. He asked the Council to look at adopting a pooper scooper law. He also asked if city staff could look at placing a 2-hour limitation on parking on the square on Tuesdays. Council Member Young asked about Teen Night Court. City of Denton City Council Minutes January 16, 2001 Page 2 He stated that on February 6 they were having a night court session and that the Council was welcome to attend. 6. Billy Brasfield regarding council actions. Mr. Brasfield, P. O. Box 50834, Denton, Texas, 76202, addressed the Council regarding some apartment complexes at the comer of Lakey and Wilson St. He asked the Council to purchase back the property and build a decent senior citizen center for Southeast Denton. CONSENT AGENDA Mayor Pro Tem Beasley requested Item #13 be discussed before voting on the Consent Agenda. Council Member Durrance requested Item #8 be considered under Items for Individual Consideration. Michelle Curmingham, Community Development Coordinator, explained the Neighborhood Empowerment Program. She stated that the purpose of the program would be to improve the quality of life in Denton's neighborhoods by supporting project partnerships between the City of Denton and its neighborhoods. The program would match city and neighborhood resources to complete neighborhood proposed projects that foster self-help, neighborhood pride, enhance and beautify Denton neighborhoods. Cunningham stated that the program should ultimately promote a quick and easy process where the neighborhoods realize the demonstrated benefit of the City expenditures. The types of programs that would be incorporated in that fall within the following categories: youth improvements, neighborhood identity, public art and amenities, traffic safety, capital equipment purchases, and environmental improvements. Council Member Kristoferson questioned the March 1 date for implementation that maybe that date did not give staff enough time to complete everything and that maybe we needed to be more flexible with that date. Kristoferson motioned, Burroughs seconded to approve the Consent Agenda with the exception of Item #8. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carried unanimously 6-0. 7. NO. 2001-030 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A METAL BUILDING FOR COMPOST STORAGE AND PROCESSING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2616 - METAL BUILDING FOR COMPOST STORAGE AND PROCESSING AWARDED TO WAYNE ALLEN CONSTRUCTION CO. IN THE AMOUNT OF $97,000) City of Denton City Council Minutes January 16, 2001 Page 3 NO. 2001-031 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF INSTRUMENT TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2596 - INSTRUMENT TRANSFORMERS AWARDED TO RITZ INSTRUMENT TRANSFORMERS IN THE APPROXIMATE AMOUNT OF $40,000 PER YEAR) 10. NO. 2001-032 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR EMPLOYEE LONG AND SHORT-TERM DISABILITY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP 2599 - EMPLOYEE LONG AND SHORT TERM DISABILITY INSURANCE AWARDED TO UNUM LIFE INSURANCE CO. IN THE ESTIMATED ANNUAL COST OF $174,282) 11. NO. 2001-033 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PURPLE PVC REUSE WATER PIPE AND VALVES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2597 - PVC PRESSURE PIPE AND FITTINGS AWARDED TO SHERMAN WATER & SEWER IN THE AMOUNT OF $107,222) 12. NO. 2001-034 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TWO INDUSTRIAL TRACTORS AND ONE HEAVY DUTY ROUGH TERRAIN FORKLIFT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2615 - INDUSTRIAL TRACTORS AND FORKLIFT, ITEM 1, AWARDED TO FUTURE EQUIPMENT IN THE AMOUNT OF $35,430; ITEM 2 AWARDED TO STEWART AND STEVENSON IN THE AMOUNT OF $47,662. THE TOTAL AWARD AMOUNT IS $83,092) 13. NO. 2001-035 AN ORDINANCE AMENDING CHAPTER 14 "HEALTH AND HUMAN SERVICES" OF THE CITY CODE BY ESTABLISHING A NEW ARTICLE VI "NEIGHBORHOOD EMPOWERMENT PROGRAM" TO ESTABLISH A NEIGHBORHOOD EMPOWERMENT PROGRAM TO ENHANCE AND IMPROVE NEIGHBORHOODS THROUGHOUT THE CITY OF DENTON; City of Denton City Council Minutes January 16, 2001 Page 4 CREATING A NEIGHBORHOOD EMPOWERMENT ADVISORY BOARD; ESTABLISHING CRITERIA AND GUIDELINES FOR THE APPROVAL OF MATCHING CONTRIBUTIONS UNDER APPLICATIONS BY ELIGIBLE PERSONS UNDER THE PROGRAM; SETTING FORTH ADDITIONAL DETAILS IN RELATION TO THE PROGRAM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 14. The Council held a public hearing and considered amending the Thoroughfare Component of the Denton Mobility Plan to eliminate Westward Drive as a collector street between Northway Drive and Bonnie Brae Street. Dave Salmon, Interim Director of Engineering and Transportation, stated that the applicant for the amendment was the Immaculate Conception Catholic Church. The applicants were proposing to build a church and day school at the site near the intersection of Bonnie Brae and Windsor. The site had an existing planned development zoning district that indicated an extension of Westward Drive to Bonnie Brae. This street was also shown as a collector street on the Mobility Plan. The applicants had proposed not to build the street. They considered it an unnecessary expense. There was neighborhood support for not extending Westward Drive. He stated the Council had four options. Option 1 was to amend the Thoroughfare Component by deleting Westward Drive as an extension. Option 2 would be to leave the Mobility Plan as it existed. Option 2A would be to leave the Mobility Plan as it existed with the extension of Westward Drive. Option 2B would be to leave the Mobility Plan as it existed and include a jog to the south. Option 3 would be to amend the Mobility Plan by moving the extension of Westward Drive further to the south, which would provide a collector street out to Bonnie Brae. He stated that staff recommended leaving the Mobility Plan as it existed with a connection out to Bonnie Brae. Mayor Pro Tem Beasley opened the public hearing. John Adami stated that he was a member of the joint building committee for Immaculate Conception Church. He stated they wanted an amendment to the plan to eliminate the development requirement on their tract. The following individuals spoke on the issue: Joyce Poole, 3021 N. Bonnie Brae, stated she was in opposition to staffs recommendation. She recommended that traffic coming out of the church driveway only be allowed southbound - not northbound. Ed Gonzalez, 2118 Westview Trail, in support to eliminate the Westward Drive collector street City of Denton City Council Minutes January 16, 2001 Page 5 Gene Price, 725 Chisolm Trail, spoke in support of extending Westward Drive Mayor Pro Tem Beasley closed the public hearing. The following ordinance was considered: NO. 2001-036 AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON BY DELETING WESTWARD DRIVE AS A COLLECTOR STREET FROM NORTHWAY DRIVE EAST TO BONNIE BRAE STREET; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Young seconded to approve the amendment with Option 1 which would amend the Thoroughfare Component by deleting Westward Drive as an extension. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carried unanimously 6-0. ITEMS FOR INDIVIDUAL CONSIDERATION Item #8 was considered. Tom Shaw, Director of Materials Management, stated there had been some questions about Frazier, Inc. and their certification and whether they were considered a manufacturer, converter, or dealer. Either way the State of Texas had advised Frazier, Inc. that they had to sell their product through a licensed motor vehicle dealer in the State of Texas. If council approved this item, the purchase order would be revised to show Jack Roach Ford, Houston, Texas. City Attorney Herb Prouty stated the Council could approve the interlocal agreement and amend the ordinance so that it was not authorizing the City Manager to enter into a contract with Frazier. NO. 2001-037 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CEDAR HILL FOR THE PURCHASE OF GOODS AND SERVICES, INCLUDING AMBULANCES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned to approve the interlocal agreement and amend the ordinance so that it was not authorizing the City Manager to enter into a contract with Frazier, Young seconded. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carried unanimously 6-0. 11 City of Denton City Council Minutes January 16, 2001 Page 6 15. The Council considered approval of a resolution adopting the City of Deuton's 2001 State Legislative Program for the 77th Legislative Session of the Texas Legislature; and providing an effective date. City Attorney Herb Prouty stated that the Council could adopt the plan as presented or adopt the plan without the TML priorities or make changes in the priorities or the plan. He also pointed out some typographical errors. The following resolution was considered: NO. R2001-002 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2001 STATE LEGISLATIVE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned to approve the resolution and the plan as presented, Durrance seconded. Council Member Burroughs suggested that if the resolution passed unanimously, it should be amended to state that. Prouty asked if they wanted to include the signatures of all of the Council. Consensus of the Council was that if the resolution passed unanimously to amend it to reflect that and to include the signatures of all of the Council. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", and Young "aye". Motion carried unanimously 6-0. 16. Consider nominations/appointments to the City's Boards and Commissions. There were no nominations/appointments made at this meeting. 17. New Business Council Member Cochran asked that a number of revisions to the Comprehensive Plan Zoning Map specifically affecting some neighborhoods in District 3 and District 1 in the Downtown University Core area and in some areas north of Scripture, between University Drive and Mingo, be brought before the Council for a vote. Mayor Pro Tem Beasley reminded the Council that they would be cleaning their Adopt-a-Spot this Saturday at 10 a.m. weather permitting. 18. Items from the City Manager City Manager Jez did not have any items for Council. City of Denton City Council Minutes January 16, 2001 Page 7 19. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 20. 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 adjoumed at 8:10 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS 13