Loading...
Minutes October 08, 2002CITY OF DENTON CITY COUNCIL M1NUTES October 8, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 8, 2002 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of October 8, 2002. Mayor Pro Tern Burroughs requested a modification in the minutes of September 17th regarding the suggestion of looking at an increase in sales tax due to the Fry Street Fair. That suggestion had been made by Council Member McNeill. Following the completion of the Work Session, the Council convened in a Closed Meeting. 1. The following was considered in Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed possible settlement of a claim against the City of Denton by R.D. Forester. Regular Meeting of the City of Denton City Council on Tuesday, October 8, 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. 2. PROCLAMATIONS/PRESENTATIONS A. Mayor Brock presented a proclamation for National Fire Prevention Week. B. City Manager Conduff presented recognition of staff accomplishments. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: Nell Yeldell regarding zoning designations of property and problems with deeds. Ms. Yeldell was not present at the meeting. City of Denton City Council Minutes October 8, 2002 Page 2 2. Marvin Franks regarding Code Enforcement notice. Mr. Franks was not present at the meeting. Dessie Goodson regarding before and after Code Enforcement, the Budget, and the City of Denton's Public Transportation. Ms. Goodson stated that she had cleaned up branches from along several sidewalks on Carroll Blvd. so that people could walk on the sidewalks without having to go around the brush in the way. 4. Ross Melton regarding lawsuits, Code Enforcement, and lawyers. Mr. Melton restated that he was having problems with the City's trash and debris ordinance and the Code Enforcement office. Terry Stansberry regarding promises made by the Code Enforcement that have never been taken care of. Mr. Stansberry was not present at the meeting. Gary Madrigal regarding eminent domain proceedings on Hickory Creek Road. Mr. Madrigal stated that he was having a problem with the City's eminent domain policy. He reviewed the details of the case. The city was trying to require him to provide property for an easement to a drainage ditch next to his property. 4. CONSENT AGENDA Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the modification in the September 17th minutes as discussed in the Work Session. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Approved the minutes of September 3, 2002, September 10, 2002, and September 17, 2002. R2002-047 - A resolution to declare the intent to reimburse expenditures from the unreserved fund balance of the Recreation Fund with Certificates of Obligation so that a project approved in the 2002-2003 Capital Improvement budget may be commenced; and providing an effective date (Project - $565,000 for Aquatic Center Water Park equipment). R2002-048 - A resolution approving the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society; and providing an effective date. City of Denton City Council Minutes October 8, 2002 Page 3 2002-323 - An ordinance authorizing the City Manager to execute an agreement for a grant with the Texas State Library and Archives Commission to provide library services to preschool children in daycare centers; ratifying the actions of the City Manager, Director of the Library, and other City officials in regard to the grant application; and providing an effective date. 2002-324 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. 2002-325 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an interlocal fire protection agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. 2002-326 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of hand tools and miscellaneous hardware; and providing for an effective date (Bid 2886 - Hand Tools and Miscellaneous Hardware awarded to Grainger Industrial Supply in the estimated amount of $30,000). 2002-327 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of light bars, pagers and office supplies; providing for the expenditure of funds therefore; and providing an effective date (File 2894 - Interlocal Agreement for Light Bars, Pagers and Office Supplies with Tarrant County awarded to Emergency Vehicle Equipment (Light Bars) in the estimated amount of $25,000, Verizon Wireless Messaging (Pagers) in the estimated amount of $80,000, and Corporate Express of Texas (Office Supplies) in the estimated amount of $120,000). 2002-328 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Promotional Commercials from Charter Media, Denton, Texas, pertaining to Denton Municipal Electric, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; authorizing the expenditure of funds therefore; and providing an effective date (File 2901 - Charter Media in the amount of $36,608). 2002-329 - An ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and 1-35 RV Park for the city's participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes October 8, 2002 Page 4 2002-330 - An ordinance of the City Council of the City of Denton, Texas, approving the Second Amendment to that Agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the Second Amendment; and providing an effective date. L. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 1e fo ad ~nd ate P~y~ent ~ $ 5 0~ 2. Lereta Corporation for Mark & Nanette Overpayment 2001 551.46 Behning 3 S~w~ Titl~ rp g~n ~1~ fo ~P~ ge ~ay~ent g0~ ~87 4. Bryan & AngelaEverheart Duplicate Payment 2001 729.43 Approved a 2001 tax refund to Popp & Ikard LLP for First Denton Ltd. on behalf of Pace's Crossing in the amount of $6,901.52. Approved a 2001 tax refund to Student Housing Corporation on behalf of Jefferson Commons in the amount of $52,485.73 ($51,123.80 base, plus $1,361.93 interest.) 2002-331 - An ordinance of the City of Denton, Texas amending the Schedule of Electric Rates contained in ordinance No. 2002-267; amending and superseding all prior ordinances which created and dealt with the Denton Municipal Electric EnergySave Program in any manner; adopting a new amended EnergySave Schedule (amended Schedule EP); providing for the expenditure of funds; adopting declarations and findings in the preamble; providing for a repealer; providing for a savings clause; providing for a severability clause; and providing for an effective date. R2002-049 - A resolution authorizing the City of Denton to participate in the coalition of cities on police power/preemption issues in matters concerning proceedings before the Public Utility Commission; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered an appeal from Ruby Cole regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of Denton Code of Ordinances. Joannie Housewright, Captain-Denton Police Department, presented the details of the case. Mowing fees had been assessed Ms. Cole for mowing high weeds and grass. Council deliberated the pros and cons of the mowing ordinance and the provisions of assessing fees per lot. Ms. Cole spoke on the issue. City of Denton City Council Minutes October 8, 2002 Page 5 Burroughs motioned, Perry seconded to table consideration pending staff review of the charges. After discussion by Council of the motion, the motion and second were withdrawn. Montgomery motioned, Fulton seconded to charge one mowing fee and one administrative fee for a total cost of $120 upon determination by the Legal Department that such a charge would be legal. On roll vote, Burroughs "nay", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "aye", and Mayor Brock "nay". Motion carried with a 4-3 vote. B. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Mayor Pro Tem Burroughs requested a review of the provisions of the high weeds and grass ordinance. 2. Council Member Fulton requested information on city notifications of such items as planning notices and notices regarding distribution of trash bags. 3. Council Member McNeill requested staff work with the Chamber to set up a meeting with gas well developers and interested citizens. 4. Mayor Pro Tem Burroughs requested a resolution for Council consideration dealing with the Dallas Regional Mobility Coalition and alternatives to expand DART to surrounding non-Dart cities. 5. Council Member Redmon requested a rate review of utilities dealing with property owners with the possibility of additional services added to rent such as trash collection and recycling instead of a utility charge on a utility bill. 6. Council Member Redmon asked for information on the City's street obligations around the universities. 7. Council Member Phillips requested a work session item to obtain a consensus of Council on the rezoning of the Bynum property on Oak Street. 8. Council Member Montgomery asked for a clarification on the parking situation on Willowwood. C. Items from the City Manager City Manager Conduff did not have any items for Council. D. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes October 8, 2002 Page 6 E. 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 8:00 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS