Minutes February 19, 2002CITY OF DENTON CITY COUNCIL MINUTES
February 19, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 19, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street.
PRESENT:
Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, McNeill,
Phillips, and Redmon.
ABSENT: Council Member Fulton
1. The Council received a report and held a discussion regarding the results of the citizen
survey.
Robert Hanna, Management Assistant, presented the background on the beginning of the survey.
The survey was a telephone survey with 401 full responses.
Raymond Turko, consultant, reviewed the statistics of the survey and how the survey was
constructed. He felt the survey was very positive and that 9 out of 10 surveyed were satisfied
with the quality life in Denton. He reviewed the key findings as listed in the Executive
Summary. This survey would serve as the benchmark for future surveys and a comparison of the
findings.
2. The Council received a report, held, a discussion, and gave staff direction regarding a
progress report for the Denton County Transportation Authority.
Jon Fortune, Assistant City Manager for Public Safety, stated that Joe Roy would be making a
presentation to Council regarding the progress on the Denton County Transportation Authority.
Joe Roy presented an outline on the development of the Committee.
3. The Council discussed and gave staff direction concerning the adoption of an ordinance
of the City of Denton, Texas, prescribing regulations regarding notice to be provided the City
and its residents of a gas utility's statement of intent to increase rates; providing certain
procedures for publication of notice of a statement of intent to increase rates; providing that this
ordinance is cumulative; providing a severability clause; and providing an effective date.
Mayor Brock left the meeting with a potential conflict of interest.
Herb Prouty, City Attorney, previewed the provisions of the ordinance that would require a gas
utility that wanted to file for a rate increase to publish the notice of the rate increase in large type
in a conspicuous place in a local newspaper. The ad would have to contain notice of certain
requirements. Other requirements for the gas company were noted in the ordinance and agenda
materials.
Steve Taylor, TXU, stated that the information requested in the ordinance was available in the
discovery process and that TXU would be appealing the ordinance to the Railroad Commission.
Consensus of the Council was do further research on the requirements of the ad and bring the
ordinance forward at the March 5th meeting.
City of Denton City Council Minutes
February 19, 2002
Page 2
Mayor Brock returned to the meeting.
4. The Council requested clarification of consent agenda items listed on the consent agenda
for the City Council regular meeting of February 19, 2002.
Council Member McNeill requested the following correction of the minutes:
The 2nd page of the January 15, 2002 minutes should state that the Council agreed to
allow accessory building units in the code with an SUP. Item #14 in the minutes needed a
wording change from"could' to"should'.
Council asked for clarification of several items listed in the Consent Agenda.
Following the completion of the Work Session, the Council convened in a Closed Meeting.
1. Council considered the following in Closed Meeting:
A. Personnel Matters-Under TEXAS GOVERNMENT CODE Section 551.074
Evaluation of Municipal Judge
Evaluation of City Attorney
Evaluation of City Manager
Deliberations regarding certain public power utilities competitive matters ---
Under TEXAS GOVERNMENT CODE Section 551.086; Consultation with
Attorneys --- Under TEXAS GOVERNMENT CODE Section 551.071.
Received confidential competitive public power business and financial
information and data by Staff relating to expansion issues, scenarios, and
acquisition of infrastructure regarding Denton Municipal Electric
("DME"); consultation with the City's attorneys regarding these matters;
and discuss, deliberate, consider, and provide Staff with direction
regarding such matters.
Regular Meeting of the City of Denton City Council on Tuesday, February 19, 2002 at 6:30 p.m.
in the Council Chambers at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, McNeill,
Phillips, and Redmon.
ABSENT: Council Member Fulton
1. Pledge of Allegiance
The Council and members of the City Council recited the Pledge of Allegiance to the U.S. and
Texas flags.
City of Denton City Council Minutes
February 19, 2002
Page 3
PROCLAMATIONS/PRESENTATIONS
2. Mayor Brock presented a proclamation for Severe Weather Awareness Week.
3. Mayor Brock presented the February Yard-of-the-Month Awards to:
Jim and Vicky Wilson
David and Katy Dawson
Mr. And Mrs. Hiram Friedsom
Joyce and Tom Edmundson
Ann Davis
Frenchy and Teri Rheault
Don and Patricia Beck
4. Recognition of staff accomplishments.
City Manager Conduff presented various City staff accomplishments.
CITIZEN REPORTS
5. Gerard Hudspeth regarding Council procedure for citizen reports.
Mr. Hudspeth presented a video regarding a staff recommendation for the Denton Housing
Authority proposal for senior housing in southeast Denton.
6. Willie Hudspeth regarding Council procedure for citizen reports.
Mr. Hudspeth stated that he was disappointed about certain actions done by the Council on
proposed senior housing by the Denton Housing Authority. He would continue to speak to the
Council regarding the way in which the Denton Housing Authority was allowed to build the
housing in a neighborhood community.
7. Peternia Washington regarding issues with the Parks and Recreation Department.
Ms. Washington felt that the Martin Luther King, Jr. Recreation Center had a policy that was
discriminatory to African-American children. Her impression was that children who pay for the
program had a right to dunk at the basketball goals and that children who did not pay for the
programs could not dunk at the basketball goals. Those children who could not pay were mainly
African-American children.
8. Nell Yeldell regarding two issues dealing with Denton Housing Section 8 and the high
cost of flood (plain) insurance.
Ms. Yeldell stated that she was having problems with Section 8 housing requirements. She
indicated that she was a licensed facility but Section 8 would not allow an individual to reside in
her home under the regulations. The cost of flood plain insurance was way too high and she
could not continue to pay such a high cost.
City of Denton City Council Minutes
February 19, 2002
Page 4
9. Ross Melton, Jr. regarding the budget and code enforcement.
Mr. Melton was not present at the meeting.
CONSENT AGENDA
Redmon motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the revisions to the minutes as noted in the Work Session and to
pull Item #28
10. Approved the minutes of January 15, 2002.
11.
Approved a request for an exception to the noise ordinance for the purpose of an outdoor
music festival known as the Mark Fearing benefit concert scheduled for Sunday, March
3, 2002 during the hours of 1 p.m. to 7 p.m. at the North Texas State Fair Grounds.
Specifically, the request is for an exception to the hours of operation.
12.
NO. 2002-042
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT
TO SECTION 20-1.5(A)(2) OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT
SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED
LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. (DENTON
ARTS & JAZZ FESTIVAL)
13.
NO. 2002-043
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND THE COUNTY OF
DENTON, TEXAS PERTAINING TO THE MAINTENANCE RESPONSIBILITIES OF
THE CITY REGARDING CERTAIN COUNTY ROADS ADJACENT TO THE CITY'S
LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
14.
NO. 2002-044
AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN
THE CITY OF DENTON AND US FLIGHT ACADEMY FOR USE OF A PORTION
OF THE DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE
AND RELATED SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
15.
NO. 2002-045
AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE
OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Demon City Council Minutes
February 19, 2002
Page 5
16.
NO. 2002-046
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON AND
PROVIDING FOR AN EFFECTIVE DATE.
17.
NO. 2002-047
AN ORDINANCE AUTHORIZING THE FINANCING FOR THREE REFUSE
TRUCKS, THREE DUMP TRUCKS, A LANDFILL COMPACTOR, A RUBBER TIRE
WHEEL LOADER AND A STREET SWEEPER WITH GOVERNMENT CAPITAL
CORPORATION THROUGH A LEASE/PURCHASE FINANCING AGREEMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (FILE 2807- 2002 EQUIPMENT LEASE
PURCHASE AGREEMENT, APPROXIMATE FINANCE CHARGES $96,797)
18.
NO. 2002-048
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR
THE ACQUISITION OF A STREET SWEEPER BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (FILE 2808 INTERLOCAL AGREEMENT-PURCHASE ORDER TO H-GAC
IN THE AMOUNT OF $138,034.19).
19.
NO. 2002-049
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE ANNUAL PAYMENT OF THE RAY
ROBERTS LAKE OPERATION AND MAINTENANCE EXPENSE; AND
PROVIDING AN EFFECTIVE DATE (CHECK REQUEST DATED 1-23-02 TO
FINANCE AND ACCOUNTING BRANCH, USAED, FT. WORTH IN THE AMOUNT
OF $37,438.06).
20.
NO. 2002-050
AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR DESIGN/BUILD
SERVICES FOR THE CONSTRUCTION OF AN AIR TRAFFIC CONTROL TOWER
BETWEEN THE CITY OF DENTON AND WAYNE ALLEN CONSTRUCTION INC.;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (RFP 2758-DESIGN/BUILD OF AIR TRAFFIC
CONTROL TOWER, IN THE AMOUNT OF $1,015,421.00 AWARDED TO WAYNE
ALLEN CONSTRUCTION, INC.)
City of Demon City Council Minutes
February 19, 2002
Page 6
21.
NO. 2002-051
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR
THE CONSTRUCTION OF SITE WORK, FOUNDATION, GROUND GRID,
CONDUIT SYSTEM AND FENCING FOR THE iNDUSTRIAL SUBSTATION;
PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2795-INDUSTRIAL SUBSTATION SITE
WORK, AWARDED TO CAN-FER CONSTRUCTION COMPANY, IN THE
AMOUNT OF $259,900)
22.
NO. 2002-052
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 RIDING MOWERS BY WAY OF AN
iNTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (INTERLOCAL AGREEMENT-PURCHASE ORDER 103110 TO H-GAC IN
THE AMOUNT OF $47,730.91).
23.
NO. 2002-053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING PAYMENT FOR THE REPAIR OF THE IRRIGATION SYSTEM IN
THE LANDFILL BUFFER ZONE; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDER 103208-DENTEX LAWN SPRINKLER COMPANY IN THE AMOUNT OF
$36,492).
24.
NO. 2002-054
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE INSTALLATION OF CHAIN LiNK FENCE AND
GATES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2780- CHAIN LiNK FENCE AND
GATES, AWARDED TO HURRICANE FENCE CO. IN THE ESTIMATED AMOUNT
OF $75,000).
25.
NO. 2002-055
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR
EXTENSION TO THE DEPOSITORY SERVICES CONTRACT WITH TEXAS
BANK; AND PROVIDING AN EFFECTIVE DATE.
City of Demon City Council Minutes
February 19, 2002
Page 7
26.
NO. R2002-006
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO
ENABLE AN EXCHANGE OF RIGHT-OF-WAY TO ALLOW THE
ABANDONMENT OF EDWARDS STREET BETWEEN AVENUE D AND AVENUE
E, AND THE REROUTING OF CHESTNUT STREET TO ACCOMMODATE THE
CONSTRUCTION OF A NEW STUDENT RECREATION CENTER; AND
DECLARING AN EFFECTIVE DATE THEREOF.
27.
NO. 2002-056
AN ORDINANCE ABANDONING AND VACATING THE RIGHT-OF-WAY OF
EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND VACATING
THE RIGHT-OF-WAY FOR THE PARTIAL ABANDONMENT AND REROUTING
OF CHESTNUT STREET BETWEEN AVENUE E AND AVENUE D TO
ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION
CENTER AT THE UNIVERSITY OF NORTH TEXAS; AND DECLARING AN
EFFECTIVE DATE THEREOF.
28. This item was not considered.
29.
NO. 2002-057
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE
INTERNATIONAL FIRE CODE, 2000 EDITION; PROVIDING FOR AMENDMENTS
THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN
THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; REPEALING FIRE LANE
ORDINANCE NO. 87-168; PROVIDING FOR A SEVERABILITY CLAUSE
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
30.
NO. 2002-058
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A BILL OF SALE AND SALES AGREEMENT BY AND
BETWEEN CITY OF DENTON, TEXAS, AS PURCHASER, AND DENTON
COUNTY ELECTRIC COOPERATIVE, INC. D/B/A COSERV ELECTRIC, AS
SELLER, FOR ACQUISITION OF ELECTRIC INFRASTRUCTURE
IMPROVEMENTS TO THE VINTAGE, A DEVELOPMENT WITHIN THE CITY OF
DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR
UPON EXPRESS CONDITION; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
February 19, 2002
Page 8
31.
NO. 2002-059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER
FOUR TO THE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND
ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN INCREASE IN
THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (ORDINANCE NO. 2001-192; BID NO. 2612-
LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO
ARCHER WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $35,785,257;
PLUS CHANGE ORDER NUMBER FOUR IN THE AMOUNT NOT TO EXCEED
$1,006,626.31; FOR INSTALLATION OF RAW WATER SUPPLY PIPELINES AND
RELATED FACILITIES THERETO FOR A TOTAL REVISED CONTRACT
AMOUNT OF $36,791,883.31).
ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Brock left the meeting with a conflict of interest.
32. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the expenditure of funds for 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 (PO 102964 to TXU Electric Transmission Div.,
and PO 102963 to City Public Services, in the total amount of $85,847).
The following ordinance was considered:
NO. 2002-060
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR 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
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs"ayd', McNeill"ayd', Phillips"ayg', and Redmon"ayd'. Motion carried unanimously.
Mayor Brock returned to the meeting.
33. The Council received Certification of a Recall Petition from the City Secretary and gave
staff direction.
Jennifer Walters, City Secretary, stated that she had reviewed the elements of the petition that
were required by the City Charter, found the petition to be sufficient and certified that the
petition was in compliance with the provisions of the City Charter.
City of Denton City Council Minutes
February 19, 2002
Page 9
The following individuals presented Speaker Cards on this item:
Catherine Bell, 612 Park Lane, Denton, 76205
Charlye Heggins, 422 Audra Lane, Apt. A, Denton, 76209
Patricia Adams, 1710 Westminster, Denton
Carl G. Young, 321 E. Mill, Denton, 76205
Billy Redmon, 1125 Morse, Denton, 76205
Willie Hudspeth, no address given
Peternia Washington, 618 East Prairie, Denton, 76205
34. Council considered nominations and appointments to the City's Boards and Commissions.
Mayor Pro Tem Beasley withdrew her nomination to the Community Development Advisory
Board as the individual did not live in the City limits.
McNeill motioned, Burroughs seconded to approve the nomination of Will Taylor to the
Community Development Advisory Board. On roll vote, Beasley"ay~', Burroughs"aye', McNeill
'~', Phillips"aye', Redmon"ay~', and Mayor Brock"aye'. Motion carried unanimously.
35. New Business
The following items of New Business were suggested by Council for future agendas:
Council Member Burroughs asked for a review of the constitutionality of the
Charter recall provisions.
Council Member Phillips suggested the formation of a citizen review committee
to review the Development Code on a quarterly basis.
Council Member Redmon asked for a review of the smoking outside City Hall.
Council Member McNeill requested information on the procedures for a recall
petition.
36. Items from the City Manager
City Manager Conduff did not have any items for the Council.
37. The Council continued their Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
38. 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.
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS