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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