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Minutes March 26, 2002CITY OF DENTON CITY COUNCIL M1NUTES March 26, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 26, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding a professional services agreement with The Mercer Group to perform the services as proposed in RFSP #2790- A Broad-Based Operational Analysis of the City of Denton Non-Utility Departments. Betty Williams, Director of Management and Public Information, reviewed the history of the development of the proposal. Staff needed Council direction on whether to proceed with the study, if so which alternative to approve and to identify how to fund the project. Council held a discussion regarding the value of a study, a broad-based versus in-depth study, timing of the study and funding of a study. Council Member Fulton suggested accepting Alternative One and move forward with the study. Following discussion, Council consensus was that while this study would be beneficial, it was not budgeted for and a budget amendment would not be justified at this time. Council would consider an in-depth study during the next budget cycle. 2. Staff responded to Council's requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of March 26, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the specific items listed below. 1. The 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 Regular Meeting of the City of Denton City Council on Tuesday, March 26, 2002 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: None City of Denton City Council Minutes March 26, 2002 Page 2 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 Brock presented the March Yard-of-the-Month Awards to: Charlie and Lynn Davis Gene and Martha Rogers Herclea Pruitte Sandy and Barbara Brown Ben and Linda Kiker Ethel Woodby Wanda M. Butts Exposition Mills-Denton Factory Stores 3. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments. CITIZEN REPORTS 4. Amy Fuller regarding the City of Denton drainage fee. Ms. Fuller was not present at the meeting. 5. Gerard Hudspeth regarding citizen concerns with the City. Mr. Hudspeth stated that he still had concerns regarding the Civil Service exam for Denton fire fighters. 6. Willie Hudspeth regarding citizen concerns with the City. Mr. Hudspeth expressed a concern regarding the process of selecting fire fighters in the City of Denton. He also expressed concern regarding the Council's decision with the Denton Housing Authority project. 7. Ross Melton regarding the budget, the elections, Code Enforcement and the City Attorney's office. Mr. Melton expressed his concerns regarding the budget for Code Enforcement and the processes associated with the City Attorney's Office. 8. Dessie Goodson regarding dangerous intersections. Ms. Goodson was not present at the meeting. City of Denton City Council Minutes March 26, 2002 Page 3 CONSENT AGENDA Council Member Fulton requested that Item #14 be pulled for separate consideration. Item #20 was not considered. Burroughs motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #14 and #20. On roll vote, Beasley"ayg', Burroughs"ayg', Fulton"ayg', McNeill"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. Approved the minutes of February 12, 2002, February 15, 2002, February 19, 2002 and March 5, 2002. 10. NO. 2002-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH BIRKHOFF, HENDRICKS & CONWAY, L.L.P. (FORMERLY SHIMEK, JACOBS & F1NKLEA, L.L.P), FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION PHASE AND FOR MATERIALS TESTING REGARDING THE CITY OF DENTON NORTHWEST SERVICE AREA ELEVATED WATER STORAGE TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 11 NO. 2002-076 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF NORTHLAKE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 12. NO. 2002-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDERS NO. 02-A AND 02-B WITH R. J. COVINGTON CONSULTING, LLC, FOR REGULATORY SERVICES AND 2002 TRANSMISSION COST OF SERVICE AND EARNINGS REPORT FILINGS RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2002-078 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 City of Demon City Council Minutes March 26, 2002 Page 4 UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 103406 TO CITY PUBLIC SERVICE IN THE AMOUNT OF $61,692 AND PURCHASE ORDER 103853 TO AMERICAN ELECTRIC POWER SERVICE CORP. IN THE AMOUNT OF $137,240.25 FOR A TOTAL AMOUNT OF $198,932.25). 15. NO. 2002-080 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH OVERLAND PARTNERS FOR CLEAR CREEK NATURAL HERITAGE CENTER AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2694 - PROFESSIONAL SERVICES AGREEMENT FOR CLEAR CREEK NATURAL HERITAGE CENTER, FOR A TOTAL AMOUNT OF $104,700). 16. NO. 2002-081 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH BUCHER, WILLIS & RATLIFF CORPORATION, FOR ITS (INTELLIGENT TRANSPORTATION SYSTEM) DEPLOYMENT PLAN AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2826- PROFESSIONAL SERVICES AGREEMENT FOR ITS DEPLOYMENT PLAN TO BUCHER, WILLIS & RATLIFF CORPORATION, FOR A TOTAL OF $49,694). 17. NO. 2002-082 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A SERIES OF CONTRACTS FOR THE PURCHASE OF FLEET VEHICLES; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2781-FLEET VEHICLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER EACH ITEM AS LISTED, TOTAL EXPENDITURE OF $412,251.79). 18. NO. 2002-083 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PADMOUNTED SWITCHGEARS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2796- ANNUAL PRICE AGREEMENT FOR PADMOUNTED SWITCHGEAR AWARDED TO PRIESTER SUPPLY CO. IN THE ESTIMATED AMOUNT OF $300,000). 19. NO. 2002-084 City of Demon City Council Minutes March 26, 2002 Page 5 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF WOOD UTILITY POLES; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2802- WOOD UTILITY POLES AWARDED TO KOPPERS INDUSTRIES, INC.) 20. This item was pulled from consideration. 21. NO. 2002-085 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL PRICE AGREEMENT FOR THE PURCHASE OF WATER METERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2805- ANNUAL PRICE AGREEMENT FOR WATER METERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER OF EACH ITEM AS LISTED). 22. NO. 2002-086 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND THE NORTH TEXAS UMPIRE ASSOCIATION; APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 103533- NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT OF $40.00 PER GAME FOR AN ESTIMATED AWARD EXPENDITURE OF $43,000.) 23. NO. 2002-087 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.44 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR MUNICIPAL PURPOSES, INCLUDING FOR LANDSCAPE BUFFER PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AND BEING A PART OF ALLEN ESTATES MOBILE HOME PARK AS SHOWN BY PLAT THEREOF RECORDED IN CABINET C. PAGE 383 OF THE PLAT RECORDS OF DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES AND DECLARING AN EFFECTIVE DATE. 24. NO. 2002-087 City of Denton City Council Minutes March 26, 2002 Page 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR A WATER PIPELINE LOCATED AT MILE POST 716.220, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING 25. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of a portion of the north side of Mack Park for the purpose of utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easement; and providing an effective date. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-089 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE NORTH SIDE OF MACK PARK FOR THE PURPOSE OF UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "ay6', Burroughs"ay6', Fulton"ay6', McNeill"ay6', Phillips"ay6', Redmon"ay6', and Mayor Brock"ay6'. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION Item #14 was considered. Council Member Fulton questioned the need for the type of materials to be used for the parking lots at the site. Vance Kemler, Director of Solid Waste, stated that the design specifications by the architect for the site considered a variety of materials for the parking lots and determined that the materials requested would be best for the site. The following ordinance was considered: NO. 2002-079 City of Denton City Council Minutes March 26, 2002 Page 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NEW SOLID WASTE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2791- SOLID WASTE FACILITY AWARDED TO PHARLAP CONSTRUCTION, INC. IN THE AMOUNT OF $2,610,600). Beasley motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "ayg', Burroughs "ayg', Fulton "na33', McNeill "ayg', Phillips "ayg', Redmon "na33', and Mayor Brock "ayg'. Motion carried with a 5-2 vote. 26. The Council considered approval of a resolution confirming the appointment of Charles Wiley, by the City Manager, as Police Chief for the City of Denton Police Department; and declaring an effective date. The following resolution was considered: NO. R2002-009 A RESOLUTION CONFIRMING THE APPOINTMENT OF CHARLES WILEY, BY THE CITY MANAGER, AS POLICE CHIEF FOR THE CITY OF DENTON POLICE DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley"ayg', Burroughs"ayg', Fulton"ayg', McNeill"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. Following the approval of the resolution, City Secretary Jennifer Walters administered the oath of office to Chief Wiley. 27. The Council considered approval of an exaction variance of Section 35.20.2 (L) of the Code of Ordinances concerning perimeter paving for Behning Place, located on the northerly side of May Street approximately 92 feet east of Ruddell Street. The Planning and Zoning Commission recommended denial (7-0). (VOl-O031) David Solman, Assistant Director of Engineering, stated that this was the second time for consideration of this request. A prior request was denied. Prices for the project were higher than anticipated and that was what prompted the request for the second variance. Since the time of the first request, the City allowed payment of fees in lieu of doing the paving on the project. Staff felt that the city could do the project for a lesser cost. The Planning and Zoning Commission recommended denial and payment of fees in lieu of construction. Mark Behning, 2224 Woodbrook, Denton, 76205 spoke in favor of the variance Beasley motioned, Fulton seconded to approve a full variance. On roll vote, Beasley "ayg', Burroughs"ay~', Fulton"aye', McNeill"ay~', Phillips"aye', Redmon"ay~', and Mayor Brock"ay~'. Motion carried unanimously. Mayor Brock left the meeting with a conflict of interest. City of Denton City Council Minutes March 26, 2002 Page 8 28. The Council considered approval of a resolution authorizing a steering committee of affected cities to retain legal counsel and rate case consultants in the matter of the Statement of Intent by TXU Gas Distribution to change rates; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company; adopting findings in the preamble; and providing an effective date. James Tramuto, 1100 Louisiana, Houston, 77002, spoke in support of the resolution. The following resolution was considered: NO. R2002-010 A RESOLUTION AUTHORIZING A STEERING COMMITTEE OF AFFECTED CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS IN THE MATTER OF THE STATEMENT OF INTENT BY TXU GAS DISTRIBUTION TO CHANGE RATES; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY; ADOPTING FINDINGS IN THE PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. Phillips motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley"ayg', Burroughs "ayg', Fulton "ayg', McNeill "ayg', Phillips "ayg', and Redmon "ayg'. Motion carried unanimously. The Mayor returned to meeting. 29. The Council considered approval of a resolution of the City of Denton, Texas, announcing special called meetings and changing the meeting times of the April 2 and April 9, 2002 City Council meetings; and providing for an effective date. The following resolution was considered: NO. R2002-011 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ANNOUNCING SPECIAL CALLED MEETINGS AND CHANGING THE MEETING TIMES OF THE APRIL 2 AND APRIL 9, 2002 CITY COUNCIL MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley"ayg', Burroughs"ayg', Fulton"ayg', McNeill"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. 29. New Business City of Denton City Council Minutes March 26, 2002 Page 9 The following items of New Business were suggested by Council for future agendas: Council Member McNeill asked for the discussion on how to make the ads for DME more educational in nature which was what he thought they were going to be. Council Member McNeill asked for a work session to evaluate the way Council acted on recommendations from various boards. Council Member McNeill asked for a report regarding Brush Creek flooding and the City's responsibilities in that area. Council Member Burroughs requested a work session regarding major road construction projects in conjunction with TxDot and the County. Council Member Redmon requested a work session regarding the firefighter exam and the Civil Service system. Council Member Redmon requested a report on dangerous intersections and at- risk intersections. Council Member Fulton requested a breakdown of the drainage fee as to what was federally mandated versus money that might come out of the City's budget. G. Council Member Fulton requested information regarding the vacant Fire Department Battalion Training Chief position. Council Member Fulton requested information on the completing of Windsor Drive to Loop 288 and the need for sidewalks on at least one side of the street. Council Member Phillips requested information regarding training fees for the fire fighters and police officers. 30. Items from the City Manager City Manager Conduff reminded the council about the reception for new police chief that would be held on Friday. 31. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 32. The Council took the following official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, McNeill seconded that based on Council's discussion in Closed Session regarding the compensation for the Municipal Judge, the City Attorney and the City Manager, that each receive a 4% salary increase recognizing their performance with allocation to their retirement versus active pay at their discretion. On roll vote, Beasley"ay~', Burroughs"aye', Fulton ~', McNeill"ay~', Phillips"aye', Redmon"ay~', and Mayor Brock"aye'. Motion carried unanimously. City of Demon City Council Minutes March 26, 2002 Page 10 With no further business, the meeting was adjourned at 8:21 p.m. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS