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Minutes October 16, 2001 CITY OF DENTON CITY COUNCIL MINUTES October 16, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, October 16, 2001 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Fulton, McNeill, Phillips and Redmon. ABSENT: Council Member Burroughs 1. The Council considered the following in Closed Meeting: A. Consultation with 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, et al v. TXU Electric Company, et al, Cause No. 009383 currently pending in th the 134 District Court of Dallas 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 the Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, October 16, 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. PROCLAMATIONS/PRESENTATIONS 2. A. Mayor Brock presented the following proclamations: 1. World Population Awareness Week 2. Teen Read Week 3. Stop the Hate B. Mayor Brock presented the Yard of the Month Awards to: Steven and Susan Alspach Courtyard Apartments Stephen A. Weinberg, M.D., P.A. Denton Heart Group and CSANT West & Co. Joseph Fletcher, M.D., P.A. North Central Texas Workforce Center Dan McBride, M.D. Dr. and Mrs. Ronald Wilson City of Denton City Council Minutes October 16, 2001 Page 2 3. Resolution of Appreciation A. The Council considered approval of a resolution of appreciation for Johnny Thompson. Mr. Thompson was not present at the meeting. 4. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments. CITIZEN REPORTS 5. Carolyn Phillips regarding forgery vs. Wilson Street zoning case – Part 2. Ms. Phillips stated she was concerned that a member of the Council responded to her comments nd during her October 2 citizen report. She stated that a letter containing her name had been read in part at that meeting and requested a complete copy of that letter. 6. Peternia Washington regarding Southeast Denton Small Area Plan, District One Council Seat, and Barlow’s Café. Ms. Washington stated the people who attended the meetings on the Small Area Plan were in favor of the Plan. If the Plan were started over, there would always be people who were not in favor of the Plan. 7. Dorothy Damico regarding fair campaign practices. Ms. Damico stated that she was pleased that the Council passed a resolution regarding fair campaigning practices. She presented a petition from former mayors and council members who were in favor of fair campaign practices. She urged Council to follow those practices and to make sure that the code of campaign practices was presented to each candidate in all elections. 8. Carl Young, Sr. regarding a community update. Mr. Young stated that the Southeast Denton Small Area Plan was a document that the Council had not approved yet. The citizens in the area did not have buy-in on the Plan. He was in favor of redoing the plan. He questioned the need for a small area plan. CONSENT AGENDA McNeill motioned, Fulton seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. 9. Approved the minutes of September 19, October 2, and October 9, 2001. City of Denton City Council Minutes October 16, 2001 Page 3 10. NO. 2001-388 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDERS 100045 TO AA AMERICAN ELECTRIC POWER, 100046 TO LOWER COLORADO RIVER AUTHORITY, 100047 TO RELIANT ENERGY, 100048 TO TXU ELECTRIC-TRANSMISSION DIVISION, 100049 TO AUSTIN ENERGY, 100050 TO BRAZOS ELECTRIC POWER COOP., IN THE TOTAL AMOUNT OF $275,344.50). 11. NO. 2001-389 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 A 16 FOOT CUT DIESEL POWERED MOWING UNIT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2747 INTERLOCAL AGREEMENT – PURCHASE ORDER 100051 TO H-GAC IN THE AMOUNT OF $61,585.32). 12. NO. 2001-390 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF HURST AND AWARDING A CONTRACT FOR THE PURCHASE OF STREET SLURRY SEAL SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2748 – INTERLOCAL AGREEMENT FOR STREET SLURRY SEAL SERVICES WITH THE CITY OF HURST, CONTRACT AWARDED TO VIKING CONSTRUCTION, INC. IN THE ESTIMATED AMOUNT OF $157,600). 13. NO. 2001-391 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 2733 – INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT FORD IN THE AMOUNT OF $173,792). City of Denton City Council Minutes October 16, 2001 Page 4 14. NO. 2001-392 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN ANNUAL MAINTENANCE AGREEMENT FOR CITY OF DENTON PHONE SYSTEM INCLUDING MAINTENANCE AND EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 100044 TO VERIZON, IN THE AMOUNT OF $40,000.08). 15. NO. 2001-393 AN ORDINANCEACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2724 – FIRE FIGHTING EQUIPMENT). 16. NO. 2001-394 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO DEFER THE PAYMENT OF RENT FOR CERTAIN LEASES AT THE DENTON MUNICIPAL AIRPORT; PROVIDING AN EFFECTIVE DATE. 17. NO. R2001-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY TEXAS AIR CENTER, INC. OF A COMMERCIAL OPERATOR AIRPORT LEASE EXECUTED AUGUST 30, 1988 TO BAM DENTON MANAGEMENT VENTURES, L.L.C.; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. 2001-395 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 19. NO. 2001-396 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. City of Denton City Council Minutes October 16, 2001 Page 5 20. NO. 2001-397 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. 21. NO. 2001-398 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. 22. NO. 2001-399 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $9,000.00 BETWEEN THE CITY OF DENTON, TEXAS AND CHILDREN’S ADVOCACY CENTER FOR DENTON COUNTY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 23. NO. 2001-400 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $6,000.00 BETWEEN THE CITY OF DENTON, TEXAS AND REACH, INC. TO PROVIDE COUNSELING SERVICES FOR DISABLED PERSONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 24. NO. 2001-401 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $2,000.00 BETWEEN THE CITY OF DENTON, TEXAS AND ST. ANDREW PRESBYTERIAN CHURCH FOR THE OUR DAILY BREAD PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 25. NO. 2001-402 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $1,500.00 BETWEEN THE CITY OF DENTON, TEXAS AND BIG BROTHERS, BIG SISTERS OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 26. NO. 2001-403 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $3,200.00 BETWEEN THE CITY OF City of Denton City Council Minutes October 16, 2001 Page 6 DENTON, TEXAS AND DENTON COUNTY HISTORICAL MUSEUM, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 27. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan for 47.4 acres generally located east of US Highway 377 (Fort Worth Drive) and south of Brush Creek Road. The property was in a One-Family Dwelling (SF-16) zoning district. A single-family subdivision with 16,000 square foot minimum lot sizes was proposed. The Planning and Zoning Commission recommended approval 5-1-1. (ZP-01-0008, Country Club Village) Doug Powell, Director of Planning and Development, stated that the property was zoned SF-16 and was bounded by property in the City’s ETJ. The floodplain around the property was of concern for development. The drainage study had approval to be delayed until platting began. Late today staff received another petition in opposition resulting in over 20% of the property owners within 200 feet in opposition. A supermajority vote of the Council would be required in order to approve the proposal. If the applicant wanted to have the case heard by a full Council, the public hearing could be continued until a full Council was present. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tim House, representing Carmon Homes – favor Bill Lewis, 900 Brush Creek Road, Argyle, 76226 – opposed Sandra Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed Bill Keith, 1420 Kings Row, Denton, 76209 - opposed Matt Goodwin, Engineering firm - favor Susan Apple, 8000 Woodcreek Circle, Argyle, 76226 - opposed The petitioner was allowed a five minute rebuttal. The following Comment Cards were submitted: David and Kay Yoder, 940 Brush Creek Road, Argyle, 76226 – opposed Gary Davis, 970 Brush Creek Road, Argyle, 76226 – opposed Sue David, 970 Brush Creek Road, Argyle, 76226 – opposed The Mayor closed the public hearing. Fulton motioned, Beasley seconded to postpone consideration and continue the public hearing th until November 6 to allow for a neighborhood meeting and to contact FEMA. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “nay”, Redmon “aye”, and Mayor Brock “aye”. Motion carried with a 5-1 vote. City of Denton City Council Minutes October 16, 2001 Page 7 ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Brock left the meeting with a potential conflict of interest for Items #28-30. 28. The Council considered adoption of an ordinance on third reading granting to TXU Electric Company doing business as TXU Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the city; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; providing for retroactive effect; and providing an effective date. The following ordinance was considered: NO. 2001-405 AN ORDINANCE ON THIRD READING GRANTING TO TXU ELECTRIC COMPANY DOING BUSINESS AS TXU ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; PROVIDING FOR RETROACTIVE EFFECT; AND PROVIDING AN EFFECTIVE DATE McNeill motioned, Phillips seconded to adopt the ordinance. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, and Redmon “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance amending the City of Denton Code of Ordinances, Chapter 26, Utilities, and amending and superseding Ordinance No. 2000-041, by establishing uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric utility service in the City of Denton, Texas; providing definitions; requiring such users to obtain a franchise from the City prior to such use; prescribing the compensation to be paid to the City by providers; prescribing the conditions under which such users may use and occupy the public rights-of-way; requiring undergrounding of conduits; requiring joint use of poles and conduits; requiring the maintenance of maps and data regarding facilities in public rights-of-way; providing for enforcement of the regulations and franchises granted thereunder; providing for penalties in the amount of $150.00 to $500.00 each, for each violation thereof; providing for other and further legal remedies in the event of provider’s violation of the provisions of this ordinance or of any franchise; providing for governmental immunity of the city City of Denton City Council Minutes October 16, 2001 Page 8 and its employees; providing for insurance; providing a severability provision; providing an effective date; and ordaining other provisions related to the subject matter hereof. The following ordinance was considered: NO. 2001-406 AN ORDINANCE AMENDING THE CITY OF DENTON CODE OF ORDINANCES, CHAPTER 26, UTILITIES, AND AMENDING AND SUPERSEDING ORDINANCE NO. 2000-041, BY ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON, TEXAS; PROVIDING DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR PENALTIES IN THE AMOUNT OF $150.00 TO $500.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR OTHER AND FURTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER’S VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF ANY FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. Fulton motioned, Phillips seconded to adopt the ordinance. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, and Redmon “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance on second reading granting to TXU Gas Distribution, a division of TXU Gas Company, its successors and assigns, a franchise to furnish, transport and supply gas to the general public in the City of Denton, Denton County, Texas, for the transporting, delivery, sale, and distribution of gas in, out of, and through said municipality for all purposes; providing for the payment of a fee or charge for the use of the streets, alleys, and public ways; repealing all previous gas franchise ordinances and ordinances in conflict herewith; providing that it shall be in lieu of other fees and charges, excepting ad valorem taxes; prescribing the terms, conditions, obligations and limitations under which such franchise shall be exercised; providing a savings clause; a severability clause; and an effective date. The following ordinance was considered: City of Denton City Council Minutes October 16, 2001 Page 9 SECOND READING AN ORDINANCE ON SECOND READING GRANTING TO TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. McNeill motioned, Fulton seconded to approve the ordinance on second reading. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, and Redmon “aye”. Motion carried unanimously. Council considered Item #3. 3. Resolution of Appreciation for Johnny Thompson Beasley motioned, Phillips seconded to approve the resolution. On roll vote, Beasley “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. 31. The Council considered nominations and appointments to the City’s Boards and Commissions. This item was not considered. 32. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Redmon requested a review of the noise ordinance before the six month waiting period as indicated in the ordinance. B. Council Member Phillips requested additional information regarding citizen notification regarding emergency actions. C. Council Member Fulton requested complete agenda back-up in a more timely manner. City of Denton City Council Minutes October 16, 2001 Page 10 33. Items from the City Manager City Manager Conduff did not have any items for Council. 34. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 35. 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 9:00 p.m. ____________________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS