Minutes April 16, 2002CITY OF DENTON CITY COUNCIL M1NUTES
April 16, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 16, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips, and Redmon.
ABSENT: None
1. The Council received a report and held a discussion on the City of Dentor/s current Civil
Service hiring and promotional procedures as well as review the history of past Civil Service
examinations.
Ross Chadwick, Fire Chief, reviewed the Civil Service hiring procedures. Local requirements
for Civil Service included cities with a population of 10,000 or more; a paid fire and police
department; and the citizens had voted to adopt Civil Service which was done August 10, 1948.
Since that date, the fire and police departments had operated under the Civil Service. Civil
Service established a 3 member Civil Service Commission by appointment by the City Manager,
a Civil Service Director established by the Commission and adoption of local rules by the
Commission. Entry level positions required open, competitive and free exams The eligibility list
for a beginning position in the fire or police department could be created only as a result of this
competitive examination. Challenges of Civil Service included hiring must start with the highest
grade, competition with other agencies due to location, compensation, opportunities, 6-month
tests and few openings. Overcoming the challenges included better recruiting, fire department
diversity task force, more local recruiting and citizen academies.
2. The Council received a report, held a discussion, and gave staff direction regarding the
specific creation of a Development Code Citizens Committee, and the formation of citizens
committees for other city functions.
Dave Hill, Assistant City Manager for Development Services, reviewed the background of the
Council request for a work session on the creation of a development code citizens committee and
the formation of citizens committees for other city functions. He stated that staff considered the
Planning and Zoning Commission to be an existing citizens review committee. The Commission
was appointed by Council and was designated by City Charter to act as an advisory body to the
Council regarding planning and development matters. Staff recommended that a citizens review
committee for the development code not be created. The Council could request the commission
to address specific issues regarding the code.
Council discussed the pros and cons of forming such a committee.
Consensus of the Council was to continue with the present direction and not form a committee at
this point in time.
3. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of April 16, 2002.
Staff responded to Council's requests for clarification of consent agenda items.
City of Denton City Council Minutes
April 16, 2002
Page 2
Following the completion of the Work Session, the Council convened in a Closed Meeting.
1. The following item was considered in Closed Meeting:
A. Consultation with Attorney-Under Tex. Gov't Code {}551.071.
Discussed and considered proposed settlement, audit, and potential
litigation concerning a settlement offer by Verizon. To discuss these
matters in public would conflict with the duty of the City Attorney's to the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas.
Regular Meeting of the City of Denton City Council on Tuesday, April 16, 2002 at 6:30 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 April Yard-of-the-Month Awards to:
Jim and Donna Mullen
Royce and Betty Hilton
Marjorie Cody
Stacy, Mike and Gage Weldon
Don and Vickie Holt
Lorena and Juan Noriega
Environmental Education Science and Technology Building-UNT
Country Park Apartments
3. Proclamations
Mayor Brock presented the following proclamations:
National Day of Prayer
Drinking Water Week in Denton
Cinco de Mayo Week
4. Recognition of staff accomplishments.
City Manager Conduff presented staff accomplishments to the Council.
CITIZEN REPORTS
5. Peternia Washington regarding the Southeast Denton Small Area Plan.
City of Denton City Council Minutes
April 16, 2002
Page 3
Ms. Washington was not present at the meeting.
6. Dessie Goodson regarding public transportation and pay raises.
Ms. Goodson was not present at the meeting.
7. Nell Yelldell regarding deceiving the community in District 1 and flood zone area.
Ms. Yelldell was not present at the meeting.
CONSENT AGENDA
Burroughs motioned, McNeill seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions. On roll vote, Beasley"ayg', Burroughs"ayg', Fulton"ayg', McNeill"ayg',
Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously.
8. Approved of the minutes of March 26, 2002.
9. NO. 2002-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC.; FOR SERVICES
PERTAINING TO THE TRAVIS COUNTY LITIGATION INITIATED BY THE CITY
OF SAN ANTONIO, TEXAS AND BY RELIANT ENERGY, INC. RELATING TO
DENTON MUNICIPAL ELECTRIC AND NUMEROUS OTHER ELECTRIC
TRANSMISSION PROVIDERS IN THE STATE OF TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE
APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
10.
NO. 2002-109
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
FREESE & NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES
RELATED TO RESIDENT REPRESENTATION DURING CONSTRUCTION AND
FOR MATERIALS AND DENSITY TESTING REGARDING THE LAKE RAY
ROBERTS 54-INCH FINISHED WATER TRANSMISSION PIPELINE AND THE
LOOP 288 42-iNCH AND 36-iNCH WATER TRANSMISSION PIPELINES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
11.
NO. 2002-110
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE COMPLETION OF THE WOODROW SUBSTATION SITE
WORK, FOUNDATIONS, GROUND GRID, CONDUIT SYSTEM AND FENCE;
City of Demon City Council Minutes
April 16, 2002
Page 4
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2821-WOODROW SUBSTATION SITE
WORK, FOUNDATION, GROUND GRID, CONDUIT SYSTEM AND FENCE
AWARDED TO LOWEST RESPONSIBLE BIDDER, CAN-FER CONSTRUCTION
COMPANY IN AN AMOUNT NOT TO EXCEED $349,000).
12.
NO. 2002-111
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A CONTROL HOUSE FOR THE SPENCER
SWITCH YARD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2817-CONTROL HOUSE FOR
ELECTRIC SWITCH YARD AWARDED TO LOWEST RESPONSIBLE BIDDER,
ROHN INDUSTRIES, INC. IN THE AMOUNT OF $100,050).
13.
NO. 2002-112
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF THE SPENCER SWITCH STATION
MATERIAL AND EQUIPMENT PACKAGE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2835-SPENCER SWITCH MATERIAL PACKAGE AWARDED TO THE
LOWEST RESPONSIBLE BIDDER, UTILISERVE HIGH VOLTAGE GROUP IN
THE AMOUNT OF $236,756.82).
14.
NO. 2002-113
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND MCDONALD TRANSIT ASSOCIATES, INC. TO PROVIDE
PASSENGER MOTOR CARRIER TRANSIT MANAGEMENT AND OPERATION
SERVICES FOR THE CITY; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
15.
NO. 2002-114
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF PRECAST MANHOLES AND PADS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2825- ANNUAL PRICE AGREEMENT
FOR PRECAST MANHOLES AND PADS AWARDED TO LOWEST RESPONSIBLE
BIDDER, BROOKS PRODUCTS, AS LISTED IN THE ESTIMATED AMOUNT OF
$82,795).
16.
NO. 2002-115
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TURNER, COLLIE &
BRADEN, INC. FOR ENGINEERING SERVICES FOR UNICORN LAKE - IH 35E
RAMP REPLACEMENT AS SET FORTH IN THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE (PSA 2812-ENGiNEERiNG DESIGN OF UNICORN LAKE -
City of Demon City Council Minutes
April 16, 2002
Page 5
IH 35E RAMP REPLACEMENT AWARDED TO TURNER, COLLIE, & BRADEN,
iNC., iN THE AMOUNT OF $126,314).
17.
NO. 2002-116
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE NALL AND
PERKINS, INC., FOR ENGINEERING DESIGN OF THE MAYHILL ROAD BRIDGE
- PECAN CREEK, AS SET FORTH IN THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE (PSA 2816- PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING DESIGN OF THE MAYHILL ROAD BRIDGE - PECAN CREEK TO
TEAGUE NALL AND PERKINS, INC. FOR A TOTAL AMOUNT OF $125,700).
18.
NO. 2002-117
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON
AND HH ARCHITECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO. 2001-
115; PSA 2657-PROFESSIONAL SERVICES FOR NORTH BRANCH LIBRARY
AWARDED TO HH ARCHITECTS IN THE AMOUNT OF $374,594 AND CHANGE
ORDER NUMBER ONE IN THE AMOUNT OF $30,400 FOR A TOTAL AMOUNT
OF $404,994).
19.
NO. R2002-014
A RESOLUTION ALLOWING METZLE1TS FOOD AND BEVERAGE TO BE THE
SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE
CINCO DE MAYO CELEBRATION ON MAY 4, 2002, UPON CERTAIN
CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE. THE PARKS AND RECREATION
BOARD RECOMMEND APPROVAL.
20.
NO. 2002-118
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A WIRELiNE CROSSING AGREEMENT WITH UNION PACIFIC
RAILROAD COMPANY FOR A WIRELiNE CROSSING LOCATED AT MILE POST
721.180, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
21
NO. 2002-119
AN ORDINANCE OF THE CITY OF DENTON NAMING THE AQUATIC CENTER
PROJECT; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 16, 2002
Page 6
22.
NO. 2002-120
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF DENTON
AND C2 CONSULTING SERVICES, INC., TO PROVIDE CABLE CONSULTANT
SERVICES WITH RESPECT TO CHARTER COMMUNICATIONS CABLE
FRANCHISE RENEWAL FILING; RATIFYING PRIOR ACTIONS; AND
PROVIDING AN EFFECTIVE DATE.
23.
NO. 2002-121
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF DENTON
AND VARNUM, RIDDERING, SCHMIDT, HOWLETT TO PROVIDE LEGAL
SERVICES WITH RESPECT TO CHARTER COMMUNICATIONS CABLE
FRANCHISE RENEWAL FILING AND WORK WITH CABLE CONSORTIUM;
COSERV CABLE FRANCHISE APPLICATION; RATIFYING PRIOR ACTIONS;
AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARING
24. The Council held a public hearing to receive citizen comments regarding cable television
regulated rates.
John Cabrales, Public Information Officer, reviewed the provisions of state law relative to what
rates the City was able to regulate.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
John Ryan, 2128 Emerson Lane, Denton, 76205-opposed
Carol Ryan, 2128 Emerson Lane, Denton, 76205 - opposed
The Mayor closed the public hearing.
25. The Council held a public hearing inviting citizens to comment on the City of Dentoffs
2002 Action Plan for Housing and Community Development.
Barbara Stinnett, Chair-Community Development Advisory Committee, presented the funding
recommendations of the committee that centered on affordable housing.
Wallace Duvall, Chair-Human Services Advisory Committee, presented the funding
recommendations of the committee as noted in the agenda back-up materials.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Mary Gotcher, 1215 Emerson Lane, Denton, 76209-funding concerns for her program
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April 16, 2002
Page 7
Missy Dickenson, 419 Northridge, Denton, 76201-funding concerns for her program
Karry Reasor, 8748 Travis Road, Sanger, 76266 - read letter to the Council
Suzanne Akins, 1216 Pin Oak Drive, Denton, 76209 - spoke in favor for her program
Judith B. Keith, 2101 W. View Trail, Denton, 76207-funding concerns for her program
The Mayor closed the public hearing.
26. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 54 acres from a Neighborhood Residential 3 (NR-3) zoning district to
Neighborhood Residential Mixed Use (NRMU), Neighborhood Residential Mixed Use 12
(NRMU-12), and Neighborhood Residential 6 (NR-6) zoning districts. The property was
generally located south of Mingo Road and the Union Pacific railroad, east of Mozingo Street,
north of Lattimore Street, and north and west of Audra Lane. Single-family, multi-family, and
neighborhood office and retail development was proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z02-0002)
Larry Reichhart, Assistant Director for Planning and Development, stated that the area was in the
neighborhood center and rezoning would be consistent with the Plan.
The Mayor opened the public hearing.
Alan Buscel spoke in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-122
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU), NEIGHBORHOOD RESIDENTIAL MIXED
USE 12 (NRMU-12), AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING
DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR
APPROXIMATELY 52 ACRES OF LAND GENERALLY LOCATED SOUTH OF
MINGO ROAD, EAST OF MOZINGO STREET, NORTH OF LATTIMORE STREET
AND NORTH AND EAST OF 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. (Z02-0002)
Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Beasley"ayg', Burroughs
'~g', Fulton"ayg', McNeill "ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried
unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Brock left the meeting with a conflict of interest.
City of Denton City Council Minutes
April 16, 2002
Page 8
27. The Council considered adoption of an ordinance authorizing the City Manager to
execute a letter agreement with TXU Gas Distribution agreeing on the form of Notice to be
published in the Denton Record-Chronicle notifying Denton ratepayers of the effect of the
request for an adjustment of rates by TXU Gas Distribution in the North Texas Metroplex
Distribution System rate case; and providing for an effective date.
The following ordinance was considered:
NO. 2002-123
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
LETTER AGREEMENT WITH TXU GAS DISTRIBUTION AGREEING ON THE
FORM OF NOTICE TO BE PUBLISHED IN THE DENTON RECORD-CHRONICLE
NOTIFYING DENTON RATEPAYERS OF THE EFFECT OF THE REQUEST FOR
AN ADJUSTMENT OF RATES BY TXU GAS DISTRIBUTION IN THE NORTH
TEXAS METROPLEX DISTRIBUTION SYSTEM RATE CASE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "ayg',
Burroughs "ayg', Fulton "ayg', McNeill "ayg', Phillips "ayg', and Redmon "ayg'. Motion carried
unanimously.
Mayor Brock returned to the meeting.
28. New Business
The following items of New Business were suggested by Council for future agendas:
Council Member McNeill inquired about the most efficient way to inform staff
about future agenda items.
Council Member Redmon requested information about slow down humps on
streets and signal lights.
Council Members Phillips and Fulton asked for information regarding the City's
mosquito problem and alternatives for handling the problem.
29. Items from the City Manager
City Manager Conduff did not have any items for Council.
30. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
31. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
City of Demon City Council Minutes
April 16, 2002
Page 9
With no further business, the meeting was adjourned at 8:05 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS