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Minutes December 18, 2001CITY OF DENTON CITY COUNCIL MINUTES December 18, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, December 18, 2001 at 5:00 p.m. in the Council Work Session Room. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, and Phillips. ABSENT: Mayor Brock; Council Members McNeill and Redmon 1. The Council considered the following in Closed Meeting: 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. TXUElectric Company, et al, Cause No. 009383 currently pending in the 134th 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 Professional Conduct of the State Bar of Texas. Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072. (1) Deliberated the purchase and value of real property interests of certain real property comprising two tracts containing approximately 10.868 acres of land, located in the City of Denton, Denton County, Texas in the N. Britton Survey, Abstract No. 51, being approximately 860 feet west of the intersection of Montecito Drive & Hickory Creek Road, north side of road. Regular Meeting of the City of Denton City Council on Tuesday, December 18, 2001 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, and Phillips ABSENT: Mayor Brock; Council Members McNeill and Redmon 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 Pro Tem Beasley presented the December Yard-of-the-Month Awards to: City of Denton City Council Minutes December 18, 2001 Page 2 Veneitra Coleson Mack June and Barry Brownlee David and Alberta Caswell David and Donna Piatt Danny and Sue Starnes Paul Porter Lou and Louise Kraft Asbury United Methodist Church 3. Mayor Pro Tem Beasley presented a proclamation for UNT Mean Green. 4. Beth Fleming presented an Achievement of Excellence in Procurement Award to City of Denton Purchasing Department 5. Alan Smith presented the State Risk Management Achievement Award to the Council and members of the staff. 6. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council and members of the audience. CITIZEN REPORTS 7. Ross Melton regarding the Police Department stopping people without just cause. Mr. Melton felt that the Police Department had inappropriately stopped a relative without cause for questioning. CONSENT AGENDA City Attorney Prouty requested that Item #26 be pulled from consideration. Council Member Phillips requested to postpone consideration of Item #8. Fulton motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items #8 and #26. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", and Phillips "aye". Motion carried unanimously. Burroughs motioned, Phillips seconded to postpone consideration of Item #8 and #26 until further clarification could be made on the items. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", and Phillips "aye". Motion carried unanimously. 8. This item was postponed. City of Denton City Council Minutes December 18, 2001 Page 3 10. 11. 12. 13. 14. 15. NO. 2001-469 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES, AND PROVIDING AN EFFECTIVE DATE. NO. 2001-470 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. NO. 2001-471 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON AREA TEACHERS CREDIT UNION; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2001-472 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. NO. R2001-072 A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Accepted the fiscal year 2000-2001 Annual Investment Report in accordance with the Public Funds Investment Act. NO. R2001-073 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE RETAINED EARNINGS OF THE ELECTRIC FUND WITH REVENUE BONDS SO THAT PROJECTS APPROVED IN THE 2001-2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. (PROJECTS-S1,000,000.00 FOR ELECTRIC DISTRIBUTION PROJECTS AND $4,338,000.00 FOR ELECTRIC SUBSTATIONS PROJECTS). City of Demon City Council Minutes December 18, 2001 Page 4 16. NO. 2001-473 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSEL1NK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 2001-474 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE CY2001 AND CY2002-2004 AGREEMENTS BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. 18. NO. R2001-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE PROPOSAL OF THE DENTON CENTRAL APPRAISAL DISTRICT TO CONSTRUCT AN ADDITION TO ITS FACILITY OUT OF CURRENT FUNDS; PROVIDING THAT THIS RESOLUTION SHALL CREATE NO FINANCIAL OBLIGATIONS ON THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. 19. NO. 2001-475 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2001-337 FOR ELECTRIC SERVICE; CANCELING AND REPEALING THE ENERGYSAVE PROGRAM (SCHEDULE EP) EFFECTIVE JANUARY 1, 2002; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 20. NO. 2001-476 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SHERMAN, PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2757 - SHERMAN, PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECT AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $870,823.05) City of Demon City Council Minutes December 18, 2001 Page 5 21. 22. 23. 24. 25. NO. 2001-477 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (RFSP 2766 - EXCESS LIABILITY INSURANCE AWARDED TO NORTH RIVER INSURANCE COMPANY IN THE AMOUNT OF $179,000 FOR A ONE-YEAR CONTRACT PERIOD) NO. R2001-075 A RESOLUTION OF THE CITY OF DENTON TEXAS, APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 525 S. LOCUST, DENTON, TEXAS, FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. (HISTORIC LANDMARK COMMISSION RECOMMENDS APPROVAL 6-0) NO. 2001-478 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RIGHT-OF-WAY AGREEMENT WITH SOUTHWESTERN GAS PIPELINE INC., FOR A GAS PIPELINE LOCATED IN THE J. MCDONALD SURVEY, ABSTRACT NO. 1610, DENTON COUNTY, TEXAS; AUTHORIZING THE ACCEPTANCE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-479 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD. RELATING TO THE PURCHASE OF TWO TRACTS COMPRISING APPROXIMATELY 10.868 ACRES OF LAND LOCATED IN THE N. BRITTON SURVEY, ABSTRACT NO. 51, FOR USE AS A PARK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. R2001-076 A RESOLUTION TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(F) OF THE INTERNAL REVENUE CODE IN CONNECTION WITH THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE ROMAN FOREST HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF CATHOLIC DIOCESE OF FORT WORTH; AND PROVIDING AN EFFECTIVE DATE. 26. This item was not considered. City of Denton City Council Minutes December 18, 2001 Page 6 PUBLIC HEARINGS 27. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 13.2 acres from an Agricultural (A) zoning district to a One-Family Dwelling (SF-7) zoning district. The property was generally located on the east side of Mockingbird Lane approximately 450 feet south of its intersection with Audra Lane. A single-family subdivision of approximately 55 homes was proposed. The Planning and Zoning Commission recommended approval with conditions (5-0). (ZPOi-O03 7.) The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: Lee Allison, Isabell Engineering - favor Council Member McNeill arrived at the meeting. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2001-480 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO ONE-FAMILY DWELLING (SF- 7) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 13.2 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF MOCKINGBIRD LANE APPROXIMATELY 450 FEET SOUTH OF ITS INTERSECTION WITH AUDRA LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (z01-0037) Burroughs motioned, Phillips seconded to adopt the ordinance with the condition recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", and Phillips "aye". Motion carried unanimously. 28. The Council held a public hearing and considered adoption of an ordinance allowing the negotiation of the best bid for a contract for the oil and gas lease agreement at the Municipal Airport in substantially the same form as Bid 2769; and providing an effective date. (Bid 2769 - Oil and Gas Lease Agreement, best bid, Superior P&E LLC/Enexco, Inc.) Mark Nelson, Airport Director, stated that this public hearing was required by law as it dealt with the Municipal Airport. The ordinance would allow negotiations with Superior P&E for a contract for the oil and gas lease agreement at the Municipal Airport. City of Denton City Council Minutes December 18, 2001 Page 7 The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-481 AN ORDINANCE ALLOWING THE NEGOTIATION OF THE BEST BID FOR A CONTRACT FOR THE OIL AND GAS LEASE AGREEMENT AT THE MUNICIPAL AIRPORT IN SUBSTANTIALLY THE SAME FORM AS BID 2769; AND PROVIDING AN EFFECTIVE DATE (BID 2769 OIL AND GAS LEASE AGREEMENT AWARDED TO SUPERIOR P & E LLC./ENEXCO, INC.) Burroughs motioned, Phillips seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", and Phillips "aye". Motion carried unanimously. 29. The Council held a public hearing and considered adoption of an ordinance accepting jurisdiction of a complaint filed by Spencer Generating Company, L.P. (Spencer) against TXU Lone Star Pipeline (TXU) claiming TXU is attempting to charge rates for gas utility service to the Spencer Generating Station; making findings with respect to the complaint filed by Spencer against TXU for failure to provide gas utility service on reasonable terms; ordering interim relief by requiring TXU to maintain gas utility service to the Spencer Generating Station under the existing Agreement between TXU and Spencer without interruption after December 31, 2001, until a just and reasonable rate is established or until TXU and Spencer reach an agreement on a just and reasonable rate; ordering an investigation to make sure that rates charged by TXU to Spencer Generating Company or other City of Denton industrial ratepayers are not discriminatory or preferential; authorizing the hiring of rate consultants; providing for the recovery of rate expenses; providing a severability clause; and providing an effective date. The Mayor Pro Tem opened the public hearing. The following individuals spoke during the public hearing: James Trumutta, PG&E - favor Gail Watkins, 815 Congress, Austin, 78701 - favor Autrey Warrens, 1601 Bryan Tower, Dallas, 75201 - opposed PG&E was allowed a 5 minute rebuttal. Matt Henry, 1601 Bryan Tower, Dallas, 75201 PG&E was allowed another 5 minute rebuttal Dan Lawton, 12113 Roxy Drive, Austin, 78701 - city consultant Matt Henry again addressed the issue. The Mayor Pro Tem closed the public hearing. City of Denton City Council Minutes December 18, 2001 Page 8 Burroughs motioned, McNeill seconded to adjourn to Closed Session. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", and Phillips "aye". Motion carried unanimously. Council adjourned into Closed Session at 7:25 p.m. Council returned from Closed Session at 8:00 p.m. The following ordinance was considered: NO. 2001-482 AN ORDINANCE ACCEPTING JURISDICTION OF A COMPLAINT FILED BY SPENCER GENERATING COMPANY, L.P. (SPENCER) AGAINST TXU LONE STAR PIPELINE (TXU) CLAIMING TXU IS ATTEMPTING TO CHARGE RATES FOR GAS UTILITY SERVICE TO THE SPENCER GENERATING STATION; MAKING FINDINGS WITH RESPECT TO THE COMPLAINT FILED BY SPENCER AGAINST TXU FOR FAILURE TO PROVIDE GAS UTILITY SERVICE ON REASONABLE TERMS; ORDERING INTERIM RELIEF BY REQUIRING TXU TO MAINTAIN GAS UTILITY SERVICE TO THE SPENCER GENERATING STATION UNDER THE EXISTING AGREEMENT BETWEEN TXU AND SPENCER WITHOUT INTERRUPTION AFTER DECEMBER 31, 2001, UNTIL A JUST AND REASONABLE RATE IS ESTABLISHED OR UNTIL TXU AND SPENCER REACH AN AGREEMENT ON A JUST AND REASONABLE RATE; ORDERING AN INVESTIGATION TO MAKE SURE THAT RATES CHARGED BY TXU TO SPENCER GENERATING COMPANY OR OTHER CITY OF DENTON iNDUSTRIAL RATEPAYERS ARE NOT DISCRIMINATORY OR PREFERENTIAL; AUTHORIZING THE HIRING OF RATE CONSULTANTS; PROVIDING FOR THE RECOVERY OF RATE EXPENSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", and Phillips "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 30. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving an amendment to the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria; and providing for an effective date. The following ordinance was considered: NO. 2001-483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING City of Denton City Council Minutes December 18, 2001 Page 9 EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE Fulton motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", and Phillips "aye". Motion carried unanimously. 31. The Council considered adoption of an ordinance on third 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. Herb Prouty, City Attorney, indicated that a revised version of the ordinance was at the Council tables. He reviewed the outstanding issues remaining on the ordinance and indicated that the City would help facilitate negotiations on the industrial franchises. The following ordinance was considered: NO. 2001-484 AN ORDINANCE ON THIRD 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. Fulton 2002. "aye". motioned, McNeill seconded to adopt the ordinance with an effective date of January 17, On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", and Phillips Motion carried unanimously. 32. The Council considered nominations and appointments to the City's Boards and Commissions. There were no nominations/appointments made at this meeting. City of Denton City Council Minutes December 18, 2001 Page 10 33. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member McNeill asked that staff for a memo regarding the synchronization of the signal lights especially on Carroll and University. Council Member McNeill asked for a work session regarding the legal ramifications of the Comprehensive Plan and how it applied to the Development Code. Council Member McNeill asked for an analysis on how much money could be saved if the County collected the city taxes instead of the city. 34. Items from the City Manager City Manager Conduff did not have any items for the Council. 35. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 36. 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 8:15 p.m. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS