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.
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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.
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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