Minutes April 02, 2002CITY OF DENTON CITY COUNCIL MINUTES
April 2, 2002
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, April 2, 2002 at 3:00 p.m. in the City Council Chambers of City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Beasley; Council Members Fulton, McNeill, and
Phillips.
ABSENT: Council Member Burroughs and Redmon
1. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton General Obligation Bonds, Series 2002, levying the tax to pay same;
approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
David Medanich, First Southwest Company, stated that the City had maintained a rating at
Moody's at AA3 and had an AA- rating at Standards and Poors. He stated that six bids had been
received on line. Upon review of the bids, it was determined that the bid from Bank of America
at 5.135 percent was the lowest and best bid and recommended that the Council accept that bid.
The following ordinance was considered:
NO. 2002-090
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 2002, LEVYING
THE TAX TO PAY SAME; APPROVING AND AUTHORIZING INSTRUMENTS
AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, McNeill seconded to accept the Bank of America bid at 5.13569 percent. On
roll vote, Beasley "ayg', Fulton "ayg', McNeill "ayg', Phillips "ayg', and Mayor Brock "ayg'. Motion
carried unanimously.
Beasley motioned, McNeill seconded to adopt the ordinance approving the bid of Bank of
America. On roll vote, Beasley"ayg', Fulton"ayg', McNeill"ayg', Phillips"ayg', and Mayor Brock"ay6'.
Motion carried unanimously.
2. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Certificates of Obligation, Series 2002; approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
David Medanich, First Southwest Company, stated that there were five on-line bids and one
phone bid. After examination of the proposed bids, it was determined that the bid from UBS
Paine Webber Inc. at 4.985518 was the best and lowest bid and recommended that Council
accept that bid.
The following ordinance was considered:
City of Denton City Council Minutes
April 2, 2002
Page 2
NO. 2002-091
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 2002; APPROVING
AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE
Beasley motioned, McNeill seconded to accept the bid from UBS Paine Webber, Inc. and to
adopt the ordinance. On roll vote, Beasley"ayd', Fulton"ayd', McNeill"ayd', Phillips"ayd', and Mayor
Brock"ayg'. Motion carried unanimously.
Following the completion of the Special Called Meeting, the City Council convened in a Work
Session on Tuesday, April 2, 2002 in the Council Work Session Room at City Hall.
1. The Council received a report and held a discussion concerning cable television regulated
rate adjustment filing by Charter Communications.
John Cabrales, Public Information Officer, stated that the FCC had certified that the City could
regulate certain cable rates. Those rates included the basic cable service, equipment, changing
tiers and the hourly service charge. Charter had agreed to file for new rates only once per year.
The City had received an adjustment filing from the FCC and had one year from that filing date
to issue a rate order establishing the maximum permitted rates Charter could charge. Charter had
the right to implement these proposed rates on June 1, 2002 until the Council set a new
maximum permitted rate. The City would be contracting with C2 Consulting to assist staff with
a rate analysis.
Council Member Redmon arrived at the meeting.
Mayor Brock asked what were the options in regards to the rates and how much control the City
had over the rates.
Cabrales stated that Council could accept the adjusted rates as filed by Charter, approve a
different set of rates, or take no action.
Consensus of the Council was to wait for further information from the consultant before making
a decision on what action to take in regards to the rates.
2. The Council held a discussion and gave staff direction regarding the City of Denton 2001
Small Area Planning Program Annual Report.
Dedra Ragland, Small Area Planning Manager, stated that staff was asking Council to confirm or
revise the activities recommended by staff as noted in the agenda materials. Those activities
included completing the two small area plans in progress (Downtown Master Plan and Southeast
Denton Plan); initiate four small area plans (West Oak, University of North Texas, Fort Worth
Drive and Elm Courts) and facilitate neighborhood preservation research activities.
It was suggested that the West Oak area and University of North Texas area be done at the same
time as they were in the same area of the city.
City of Denton City Council Minutes
April 2, 2002
Page 3
Consensus of the Council was to continue with the Downtown Master Plan, keep the Southeast
Denton Plan on hold until staff received additional requests for the plan, work in conjunction
with the UNT and West Oak areas and wait for a request from the Fort Worth Drive area to
initiate a plan.
3. The Council received a report and held a discussion regarding City of Denton
transportation projects.
Dave Hill, Assistant City Manager for Development Services, reviewed transportation-related
projects for the City of Denton. Issues that Council had raised regarding transportation that were
included in the back-up materials included a progress update of major road improvement projects
including the status of partnership projects with Denton County and the Texas Department of
Transportation, a request for information regarding dangerous intersections in the City and a
request for an update on the Windsor Drive/Loop 288 interchange project.
4. Staff responded to requests for clarification of Consent Agenda items listed on the
Consent Agenda for today's City Council regular meeting of April 2, 2002.
Following the completion of the Work Session, the Council convened in a Regular Meeting on
Tuesday, April 2, 2002 at 5:00 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. Mayor Brock presented the following proclamations:
National Community Development Week
Fair Housing Month
Days of Remembrance
Sexual Assault Awareness Month
3. Recognition of staff accomplishments.
City Manager Conduff presented staff accomplishments to the Council.
CONSENT AGENDA
McNeill motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Beasley"ayg', Fulton"ayg', McNeill "ayg', Phillips "ayg', Redmon"ayg', and
Mayor Brock"ayg'. Motion carried unanimously.
4. Approved the minutes of March 13 and March 25, 2002.
City of Denton City Council Minutes
April 2, 2002
Page 4
5. Approved tax refunds for the following property taxes:
Tax
Name Reason Year Amount
S~w~ itl fo ~ P~at~ Payment
B. Mark Morris & Melissa Franklin Overpayment 2001 $ 618.10
~ ~ ~itl fo Mi!an~ E ~ll~rn Dup!i~at Payment 200i $5 ~
D. American Title Company for David L. Wicker Duplicate Payment 2001 $ 688.94
Jr.
E S~w itl fo ~ ~ E i ~Pl}~g Payment Z~0~ $~
F. Metroplex Title for Eric & Ruby Hjelte Duplicate Payment 2001 $ 815.97
H. Healthcare Administration Ove~ayment 2001 $ 974.14
J. James Renaud Duplicate Payment 2001 $1,666.25
L. Bromley Williams & Lori Moo Duplicate Payment 2001 $ 985.66
N. Commonwealth Title for Davy J. O'Brien Duplicate Payment 2001 $ 677.20
~ fo Cop ~at~ Vay~m ~0!$ ~7
P. Robeff Boso Duplicate Payment 2001 $ 542.86
~nt ~l ma~al ~trig
R. Raymond Abbo~ Value Decrease per Denton 2001 $ 987.60
Central Appraisal District
S ~am~ ~eal ~stat~ S~m fo ~!i~at ~ay~nt ~00~
T. Transamerica Real Estate Tax Service for Duplicate Payment 2001 $ 520.82
Paul Jenkins
~ri~ Re~ E~at~ ~ S~ ~ fo ~P~at~ Payment ~0~ $ fi~ 88
V. Transamerica Real Estate Tax Se~ice for Duplicate Payment 2001 $ 504.39
Wanda Woodward
We ~ri~ real Estat~ ~ S~ fo~ Dup!i~at~ Payment 200~ $~ 08~ 53
X. Transamerica Real Estate Tax Se~ice for Duplicate Payment 2001 $ 643.79
Paul & Susan Willenbrock
~a~ia Gaii Y ount
z. Transamerica Real Estate Tax Se~ice for Duplicate Payment 2001 $ 517.56
Erich Klein
6. NO. 2002-092
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS
AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS
OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Demon City Council Minutes
April 2, 2002
Page 5
NO. 2002-093
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS
AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS
OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 2002-094
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF A 54' FINISHED
TRANSMISSION WATERLINE; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2811-LAKE
RAY ROBERTS 54' WATERLINE AWARDED TO S.J. LOUIS CONSTRUCTION OF
TEXAS, LTD., IN THE AMOUNT OF $6,129,855).
NO. 2002-095
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 AN EFFECTIVE
DATE (FILE 2733- INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH
TARRANT COUNTY, CONTRACT AWARDED TO CLASSIC CHEVROLET IN
THE AMOUNT OF $36,618).
10.
NO. 2002-096
AN ORDINANCE APPROVING THE ANNUAL CONTRACT FOR THE LEASE OF
LIBRARY BOOKS, A SERVICE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (FILE 2835- MCNAUGHTON BOOK SERVICE IN THE
AMOUNT OF $26,550).
11.
NO. 2002-097
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 35' AERIAL DEVICE (BUCKET TRUCK);
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2783- 35' AERIAL DEVICE AWARDED
TO LOWEST RESPONSIBLE BIDDER, FORD COUNTRY, IN THE AMOUNT OF
$62,916).
City of Demon City Council Minutes
April 2, 2002
Page 6
12.
NO. 2002-098
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF (SIX) EACH 12 CUBIC YARD DUMP
TRUCKS AND (ONE) HAUL TRUCK TRACTOR; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2784- 12 YD DUMP TRUCKS AND HAUL TRUCK TRACTOR
AWARDED TO LOWEST RESPONSIBLE BIDDER AS LISTED IN THE AMOUNT
OF $447,662).
13.
NO. 2002-099
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A HYDRAULIC DETACHABLE
GOOSENECK TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2785-HYDRAULIC
DETACHABLE GOOSENECK TRAILER AWARDED TO LOWEST RESPONSIBLE
BIDDER, DARR EQUIPMENT, IN THE AMOUNT OF $32,317).
14.
NO. 2002-100
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A CRAWLER DOZER, MOTORGRADER,
RUBBER TIRED LOADER AND TRACTOR LOADER BACKHOE; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2786- EARTH MOVING EQUIPMENT AWARDED TO
LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $436,386).
15.
NO. 2002-101
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 6,000 LB. CAPACITY ELECTRIC
FORKLIFT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2800- 6,000 LB CAPACITY
ELECTRIC FORKLIFT AWARDED TO LOWEST RESPONSIBLE BIDDER, POWR-
LIFT CORPORATION, IN THE AMOUNT OF $28,696).
16.
NO. 2002-102
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A SELF-LOADING 3 REEL TRAILER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2804-SELF-LOADING 3 REEL TRAILER
AWARDED TO LOWEST RESPONSIBLE BIDDER, OK CHAMPION IN THE
AMOUNT OF $106,845).
17.
NO. 2002-103
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY
City of Denton City Council Minutes
April 2, 2002
Page 7
AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM,
TEXAS PERTAINING TO THE DESIGN AND CONSTRUCTION BY KRUM AND
THE OVERSIZE COST PARTICIPATION BY DENTON FOR THE KRUM
GRAVITY FLOW WASTEWATER MAIN; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
18.
NO. 2002-104
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A
WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN
THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS; WHEREIN
DENTON AGREES TO PROVIDE WHOLESALE WASTEWATER TREATMENT
SERVICES TO KRUM; AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
19.
NO. 2002-105
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL
LUNCH ACT TO OBTAIN FUNDING FOR THE 2002 SUMMER FOOD SERVICE
PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS
AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM
AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND
EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL
DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS
REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
CITIZEN REPORTS
20. Chuck Johnston regarding the Development Code.
Mr. Johnston was not present at the meeting.
21. Edwin Fulton regarding fees added onto the utility bills.
Mr. Fulton stated that he had concerns regarding the fees added to the utility bills. He suggested
a minimum fee for vacant properties rather than the same charge for properties that were
occupied. Those fees included solid waste, drainage, and other similar fees.
22. Ross Melton regarding the budget, elections, Code Enforcement, the City Attorney's
Office and the Planning and Development Department.
Mr. Melton stated that he was still having problems with Code Enforcement and felt that the
Council was responsible for the continuing problems he was having. He questioned the budget
as it related to the City Attorney's office and the Planning and Development Department.
City of Denton City Council Minutes
April 2, 2002
Page 8
23. Gerard Hudspeth regarding citizen concerns with the City.
Mr. Hudspeth was not present.
24. Willie Hudspeth regarding citizen concerns with the City.
Mr. Hudspeth again expressed his concern that there were no African-Americans or Hispanics in
the Fire Department.
PUBLIC HEARINGS
Mayor Brock left the meeting with a conflict of interest.
25. The Council held a public hearing and considered adoption of an ordinance setting a gas
utility services rate for electric generation transportation service customers within the City of
Denton, Texas; making findings in accordance with the setting of this rate; providing for the
recovery of rate case expenses and the payment of rate consultants; providing for rehearing and
reservation of rights; providing a severability clause; and providing an effective date.
City Attorney Prouty reviewed the history of the case and indicated that TXU had requested 45
minutes to present its case. Spencer had asked for an equal amount of time to speak. He
suggested Council decide on a time that was equal for each side.
McNeill motioned, Phillips seconded to suspend the Council rules and grant a speaker time of 30
minutes for each side. On roll vote, Beasley "ayg', Fulton "ayg', McNeill "ay6', Phillips "ayg', and
Redmon"ay6'. Motion carried unanimously.
The Mayor Pro Tem opened the public hearing.
The following individuals spoke during the public hearing:
Autry Warren, 1601 Bryan, Dallas, 75201
Gail Watkins, 816 Congress Avenue #1900, Austin, 78701
John Moeher, 1601 Bryan, Dallas, 76201
Dan Lawton, consultant, presented his findings in reviewing the case.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-106
AN ORDINANCE SETTING A GAS UTILITY SERVICES RATE FOR ELECTRIC
GENERATION TRANSPORTATION SERVICE CUSTOMERS WITHIN THE CITY
OF DENTON, TEXAS; MAKING F1ND1NGS IN ACCORDANCE WITH THE
SETTING OF THIS RATE; PROVIDING FOR THE RECOVERY OF RATE CASE
EXPENSES AND THE PAYMENT OF RATE CONSULTANTS; PROVIDING FOR
REHEARING AND RESERVATION OF RIGHTS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 2, 2002
Page 9
McNeill motioned, Fulton seconded to set the rate at 2 cents and the surcharge to the ratepayers
would be recovered over a 12-month period. On roll vote, Beasley"ayg', Fulton"ayg', McNeill"ayg',
Phillips"ayg', and Redmon"ayg'. Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
26. The Council considered approval of a resolution of the City of Denton, Texas
establishing local government sponsor support for the "Land Use / Transportation Joint Venture"
transportation grant funding awarded by the North Central Texas Council of Governments
(NCTCOG) Regional Transportation Council (RTC); and providing an effective date.
The following resolution was considered:
NO. R2002-012
A RESOLUTION OF THE CITY OF DENTON, TEXAS ESTABLISHING LOCAL
GOVERNMENT SPONSOR SUPPORT FOR THE "LAND USE /
TRANSPORTATION JOINT VENTURE" TRANSPORTATION GRANT FUNDING
AWARDED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
(NCTCOG) REGIONAL TRANSPORTATION COUNCIL (RTC); AND PROVIDING
AN EFFECTIVE DATE.
Fulton motioned, McNeill seconded to approve the resolution. On roll vote, Beasley"ayg', Fulton
'hyg', McNeill"ayg', Phillips"ayg', and Redmon"ayg'. Motion carried unanimously.
27. New Business
The following items of New Business were suggested by Council Members for future agendas:
B.
C.
D.
E.
F.
G.
H.
J.
Council Member Redmon requested an update on the American Legion Annex.
Council Member Redmon requested a report on which fees on the utility bill were
regulated and which were not.
Council Member McNeill asked for information regarding an incentive program
for individual meters on multi-family units.
Council Member McNeill asked for information regarding the issue of bedrooms
versus multi-family units around universities.
Council Member McNeill asked about the process for the quarterly review of the
Development Code.
Council Member Phillips asked for consideration of rezoning cases delays of
consideration especially D. Allen's property.
Council Member Phillips asked about removing smoking near the side door.
Council Member Fulton asked about the restoration of the training battalion chief.
Council Member Fulton asked about the amount and location issue of
handicapped parking for Fry Street Fair
Council Member Fulton requested a work session regarding the drainage fee and
how much of it was going to federally mandated fees versus how much was going
to the city for city projects.
Council Member Fulton asked for information regarding commercial customer
leases on a property and how to determine how or if they would be charged for a
drainage fee.
City of Denton City Council Minutes
April 2, 2002
Page 10
Council Member Fulton asked if there were provisions to waive the solid waste
fee and/or other smaller fees for customers if they brought proof that they were on
social security.
Council Member Redmon asked for information about benches for LINK routes
and in particular where they were and how many.
Council Member Redmon asked about carport orientation in front of houses and
setbacks.
28. Items from the City Manager
City Manager Conduff reminded the Council about the reception for a TIF grant at the library.
29. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
30. 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 7:30 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS