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Minutes July 23, 2002CITY OF DENTON CITY COUNCIL M1NUTES July 23, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 23, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. The Council received a report and held a discussion regarding the council action request system. Robert Hanna, Management Assistant, presented a demonstration on the council action request system. This system was to be used to input citizen concerns and to make requests for information. Council Member Redmon joined the meeting. 2. The Council received a report, held a discussion, and gave staff direction regarding council rules and procedures for public meetings. Robert Hanna, Management Assistant, reviewed the enforcement procedures for Council rules and regulations. 3. The Council received a report, held a discussion and provided staff direction concerning creating an ordinance amending Chapter 35 'Denton Development Codg', of the Code of Ordinances of the City of Denton, Texas, to add Conservation Districts to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character. Julie Glover, Main Street Manager, stated that staff had presented the information Council requested in the agenda information sheet. Council discussed the elements of the proposed ordinance. Suggestions for changes in the ordinance were made and discussed by Council. Mayor Brock suggested the formation of a council subcommittee to review the ordinance and make a recommendation to the full council. The committee could work with the Historic Landmark Commission to help formulate the recommendation. Consensus of the Council was to form the committee. Council Members Montgomery and Burroughs volunteered to serve on the committee. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of July 23, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting. City of Denton City Council Minutes July 23, 2002 Page 2 1. The Council considered the following in Closed Meeting: Consultation with the City Attorney-Under TEXAS GOVERNMENT CODE Section 551.071 Discussed and considered authorizing the City Attorney's Office to file a response of the City in petition for Special Relief filed by Charter Communications d/b/a Marcus Cable Associates, L.L.C., before the Federal Communications Commission in Washington D.C. and discuss legal issues concerning this petition in a contested administrative proceeding with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys 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, July 23, 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. Proclamations Mayor Brock presented a proclamation for the 2002 EDS Boys Junior Golf Tournament. 3. Yard-of-the-Month Awards Mayor Brock presented the July Yard of the Month awards to: Marianne Bays Mike and Brenda Ennis Bob Gilbert Bob and Judy Schietroma Craig and Marla Irwin David and Judy Nichols Bill and Monica Moen-Xeriscaped Yard Sunburst Place I! Apartments-Commercial 4. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council. City of Denton City Council Minutes July 23, 2002 Page 3 CITIZEN REPORTS 5. David Wier regarding property on Jim Christal Road and a variance request for horses. Mr. Wier stated he would like some type of variance for his horses at his home or change the distance requirement. He was only 50 feet from the requirement and would like to maintain the horses at his property. There were many places in the city that were not in compliance. He felt the code should be applied evenly throughout the city. 6. Dessie Goodson regarding City of Denton public transportation. Ms. Goodson stated that she was trying to receive Section 8 housing and was continually having problems with the Denton Housing Authority. They kept loosing her applications and making her redo the applications. This was causing delays in getting housing. 7. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code Enforcement, and the lawyers. Mr. Melton stated his problems with Code Enforcement continue. CONSENT AGENDA Redmon motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #22. On roll vote, Burroughs"ayg', Fulton 'hy~', McNeill "aye', Montgomery "aye', Phillips "aye', Redmon "aye', and Mayor Brock"ay~'. Motion carried unanimously. 8. NO. 2002-226 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION FOR SUPPLEMENTAL FUNDING FOR THE ARTS AND JAZZ COMMITTEE FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2002-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2001-232 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 10. NO. 2002-228 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND City of Demon City Council Minutes July 23, 2002 Page 4 UNIVERSITY OF NORTH TEXAS TO PROVIDE A VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK AND TO BUILD A TRAINING PROGRAM FOR VOLUNTEERS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 11 NO. 2002-229 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE A FINAL PROJECT EVALUATION FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 12. NO. 2002-230 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND NORTH CENTRAL TEXAS COLLEGE (NCTC) TO PROVIDE CLASS TRAINING AND ASSISTANCE TO VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2002-231 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND KATUNIGAN COMPANY TO PROVIDE SERVICES AS PROJECT MANAGER, WEB DEVELOPMENT, AND CONFIGURATION OF COMPUTER SYSTEMS FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 14. NO. 2002-232 AN ORDINANCE ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (BID 2863- TRUCK BEDS AND BODIES AWARDED TO THE LOWEST RESPONSIBLE BIDDER AS LISTED IN THE TOTAL AMOUNT OF $29,680). 15. NO. 2002-233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PERSONAL SERVICES AGREEMENT ON BEHALF OF THE CITY OF DENTON AND CATHERINE A. TROXLER FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCIAL/HUMAN RESOURCE SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING FOR AN EFFECTIVE DATE (PERSONAL City of Demon City Council Minutes July 23, 2002 Page 5 SERVICES AGREEMENT WITH CATHERINE A. TROXLER IN THE AMOUNT OF $50,000). 16. NO. 2002-234 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A BEST VALUE PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DENTON NORTH BRANCH LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2819- DENTON NORTH BRANCH LIBRARY AWARDED TO HARRISON QUALITY CONSTRUCTION, INC. IN THE AMOUNT OF $2,499,000). 17. NO. 2002-235 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE USED IN THE CITY OF DENTON PUBLIC LIBRARY SYSTEM WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (TOTAL CONTRACT AMOUNT $30,041.40-PURCHASE ORDER 105781 TO EPIXTECH, INC. IN THE AMOUNT OF $7,510.35 FOR 4TM QUARTER PAYMENTS). 18. NO. 2002-236 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRANSIT BUSES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2867-TRANSIT BUSES AWARDED TO LASSETER BUS & MOBILITY IN THE AMOUNT OF $348,492). 19. This item was pulled from consideration. 20. Approved the appoimmem of three (3) additional Alternate Judges. 21. NO. 2002-237 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 UNIVERSITY OF NORTH TEXAS PERTAINING TO THE MUTUAL AGREEMENTS OF BOTH PARTIES TO REPAVE A PORTION OF CHESTNUT STREET AND SYCAMORE STREET, BEING STREETS OWNED WITHIN THE CITY; AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF A TRIPARTITE AMENDMENT AND ASSIGNMENT PURSUANT THERETO; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes July 23, 2002 Page 6 23. Approved the appointment of a Deputy City Secretary. ITEMS FOR INDIVIDUAL CONSIDERATION Item #22 was considered. 22. NO. 2002-238 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN EXEMPTION FROM AD VALOREM TAXATION FOR TRAVEL TRAILERS PURSUANT TO TEXAS TAX CODE SECTION 11.142; PROVIDING THAT ADOPTION OF EXEMPTION SHALL BE EFFECTIVE FOR 2002 TAX YEAR; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Redmon motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton '~g', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock"ayg'. Motion carried unanimously. 24. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Montgomery suggested speed bumps coming into Dallas Drive to warn drivers to slow down coming into the residential section. B. Council Member Redmon requested information regarding the landfill and improvement of cells 25. Items from the City Manager City Manager Conduff did not have any items for Council. 26. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 27. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act: Burroughs motioned, McNeill seconded to authorize the City Attorney to file a response to the petition for Special Relief filed by Charter Communications before the Federal Communications Commission in Washington, D. C. On roll vote, Burroughs "aye', Fulton "aye', McNeill "aye', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. With no further business, the meeting was adjourned at 7:10 p.m. City of Demon City Council Minutes July 23, 2002 Page 7 EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS