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.
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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.
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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
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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
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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.
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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.
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July 23, 2002
Page 7
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS