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Minutes February 04, 2003CITY OF DENTON CITY COUNCIL M1NUTES February 4, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 4, 2003 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, Phillips, and Redmon. ABSENT: None. 1. The Council received a report and held a discussion regarding the Duncan and Associates Impact Fee Study. Jim Coulter, Director of Water Utilities, stated that the State Legislature had made changes to the Impact Fee Act, which now required the impact fee study be updated every five years. He informed the Council that as part of the update, Water Utilities having completed the Master Plans and computer models for the water distribution and collection systems, was including the costs of the major water transmission lines and interceptor sewers in the impact fee assessments. He stated that Duncan and Associates, Inc. had prepared the updated impact fee study. The study was based on the projected Land Use Assumptions and the 10-year Capital Improvement Plan for the water and wastewater utilities. The study included each utility's capital requirements and the associated costs. Coulter stated that issues staff would be looking at included - options for updating water and wastewater impact fees; options for possibly dividing the wastewater service area into two or three impact fee service areas; making impact fees payable at time of service request; correcting large water meter equivalency factors; defining alternative impact fee calculation methods for multi-family housing projects; impact fee discount for homes under 1250 square feet; and utilizing the calculated credit methodology for water and wastewater impact fees. Council Member McNeill asked if the Council would receive a recommendation from the Public Utilities Board on rates. Coulter stated they would receive recommendations from PUB at the February 11 Planning Session. 2. The Council received a report, held a discussion and gave staff direction regarding the draft Mosquito Surveillance and Response Plan produced for the City of Denton. Kenneth Banks, Water Resources Program Manager, presented the Mosquito Surveillance and Response Plan. He stated that in 2002 there were 192 cases of West Nile Virus and 11 fatalities reported in Texas. Banks stated that the City of Denton had not used chemicals for mosquito control since 1995 and had relied on public information, source control and larvicides. He stated that the purpose of the MRSP was to assess the threat of human disease; determine geographical areas of highest risk; assess the need for and timing of intervention events; identify larval habitats that were in need of targeted control; monitor the effectiveness of control measures; and develop a better understanding of transmission cycles. City of Denton City Council Minutes February 4, 2003 Page 2 Banks stated that the primary objective of the Plan was to make use of Integrated Pest Management methods in order to be protective of both human health and the environment. Using the monitoring data generated by the partnership with UNT, they would be able to assess the density of mosquitoes and the incidence of viral infection rates within the mosquito populations of Denton. This information would be used to assess the probability of risk to human health and to convey the information to the public in a timely manner. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of February 4, 2003. Council Member Fulton requested corrections to the minutes of January 21. Following the completion of the Work Session, the Council considered the following in Closed Meeting. 1. Closed Meeting: Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under TEXAS GOVERNMENT CODE Section 551.086. Consultation with Attorneys -Under TEXAS GOVERNMENT CODE Section 551.071. Received competitive electric public power information and market information regarding the issue of consent, by the City Council of the City of Denton, Texas, to approval of the sale and transfer by the PG&E-related entities to the City of Garland, Texas respecting the Spencer Station Generation Plant and the Lake Lewisville Hydroelectric Facility, both located in Denton County, Texas. Further discussed, deliberated, considered, provided Staff with direction, and took final action regarding the proposed sale and transfer regarding the above matters. Discussed and considered the legal ramifications and legal position of the City by conducting a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning these issues; where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client, the Denton City Council, under the Texas Disciplinary Rules of Professional Conduct. Regular Meeting of the City of Denton City Council on Tuesday, February 4, 2003 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 Proclamations/Awards City of Denton City Council Minutes February 4, 2003 Page 3 Mayor Brock presented a proclamation to Ryan High School. City Manager Conduff presented recognition of staff accomplishments. 3. CITIZEN REPORTS The Council received citizen reports from the following: 1. Vera Woods: hiring practices of the City of Denton. Ms. Woods was not present at the meeting. 2. Peternia Washington: issues with the Parks Department and hiring practices of the City of Denton. Ms. Washington was not present at the meeting. 3. Willie Hudspeth: concerns of Southeast Denton. Mr. Hudspeth again complained about the smoking at the east entrance of City Hall. He stated again that there were no African American firefighters employed by the City of Denton and commented on the City's hiring practices and that he realized the council was not involved in hiring practices. Hudspeth played a tape of Martin Luther King, Jr. 4. Nita Acton: new revenue for the City of Denton. Ms. Acton presented a new revenue source to the Council - a septic pumping system that currently transported wastewater to Arlington and recommended disposing of it in Denton. 4. CONSENT AGENDA City Manager Conduff reported to the Council that Item 4.Q. on the Consent Agenda was pulled from consideration. Council Member Fulton asked to pull Item 4.B. for separate consideration. Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items 4.B. and 4.Q. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Item 4.B. was considered. Council Member Fulton stated that she could not support this item at this time. Burroughs motioned, Montgomery seconded to approve Item B. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion carried 4-3. City of Denton City Council Minutes February 4, 2003 Page 4 Approved the minutes of January 7, 2003, January 13, 2003, January 14, 2003, and January 21, 2003. 2003-026 - An ordinance of the City of Denton authorizing a Professional Services Agreement in the amount of $80,000 between the City of Denton, Texas and Greater Denton Arts Council for the selection, purchase, and placement of public art within the City of Denton; providing for the expenditure of funds therefore; and providing for an effective date. R2003-004 - A resolution of the City of Denton, Texas, approving revised City policies regulating the handling of cash by City employees; and declaring an effective date. 2003-027 - An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Krum for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said Agreement; and providing for an effective date. 2003-028 - An ordinance ordering an election to be held in the City of Denton, Texas, on May 3, 2003, and, if a runoff election is required, on May 31, 2003, for the purpose of electing council members to Places, 1, 2, 3, and 4 of the City Council of the City of Denton, Texas, designating voting places and appointing election officials, providing for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date. F. Approved tax refunds for the following property taxes: Name Reason Tax Year Amount 1. Reunion Title Overpayment 2002 $1,214.00 2. Texas Title Duplicate Payment 2002 $ 4,665.71 3. Colonial Savings Overpayment 2002 $ 806.53 4. Title Resources Duplicate Payment 2002 $ 577.41 5. Kenneth & Phyllis Johns Overpayment 2002 $1,998.78 6. Denton County Title Duplicate Payment 2002 $1,547.30 2003-029 - An ordinance of the City of Denton, Texas repealing Section 3-17 of the Code of Ordinances, which prohibits the operation of ultralight aircraft at the Denton Municipal Airport; and providing an effective date. 2003-030 - An ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtain a grant under the Emergency Shelter Grant Program; and providing for an effective date. City of Denton City Council Minutes February 4, 2003 Page 5 2003-031 - An ordinance by the City of Denton, Texas abandoning and vacating its Sanitary Sewer Easement recorded in Volume 919, Page 96, Deed Records of Denton County, Texas and being located in Bellaire North, an addition to the City of Denton; and providing an effective date. 2003-032 - An ordinance of the City of Denton, Texas abandoning and vacating its Drainage Easement recorded under Denton County Clerk Certificate No. 94- 071419 in the Deed Records of Denton County, Texas and being located in Bellaire North, an addition to the City of Denton; and providing an effective date. 2003-033 - An ordinance by the City of Denton declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a Drainage Easement containing approximately 0.881 acre, such easement being out of that certain real property conveyed to W.J.O. Mullins by deed recorded in Denton County Clerk's File No. 97-R0083577 and being situated in the William Bryan Survey, Abstract No. 148, in Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the easement; declaring an effective date. 2003-034 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals; providing for the expenditure of funds therefore; and providing an effective date (Bid 2914 - Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the total estimated amount of $706,386). 2003-035 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a chain link fence at the Water Reclamation Plant; providing for the expenditure of funds therefore; and providing an effective date (Bid 2934 - Chain Link Fence at the Water Reclamation Plant awarded to Hurricane Fence Company in the amount of $64,785.75). 2003-036 - An ordinance awarding a contract for the lease of desktop PC's, notebook PC's, software, peripherals, and services as awarded by the State of Texas Building and Procurement Commission Department of Information Resources (DIR); providing for the expenditure of funds therefore; and providing an effective date (File 2954 - Dell Master Lease awarded to Dell Marketing, L.P. in the amount of $176,153.95 per 6 months for a total of $1,056,923.70). 2003-037 - An ordinance authorizing the City Manager to approve an Interlocal Agreement with the City of Gainesville, Texas to authorize participation in various City of Denton contracts for the purchase of goods and services; authorizing the expenditure of funds therefore; and declaring an effective date (File 2958 - Interlocal Agreement with the City of Gainesville, Texas). 2003-038 - An ordinance awarding a contract for the purchase of Microsoft Server and Database Software as awarded by the State of Texas Building and City of Denton City Council Minutes February 4, 2003 Page 6 Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2956 to SHI Government Solutions in the amount of $133,908 for the first year, $20,148 for the second and third years for a total amount of $174,204). Consider adoption of an ordinance awarding a contract for the purchase of services, software, hardware, and annual maintenance for the installation, configuration, and support of an [P-telephony based Integrated Contact Distribution Solution as awarded by the State of Texas Building and Procurement Commission (formerly known as the General Services Commission) through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2961 to Spanlink Communications, Inc. in the amount of $109,946.00). Note: This item was pulled from consideration. 2003-039 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 2939 to Harris Computer Systems in the amount of $37,318.08). 2003-040 - An ordinance awarding a contract for the purchase of a Diaphragm Chemical Feed Pump; providing for the expenditure of funds therefore; and providing an effective date (Bid 2927 - Diaphragm Chemical Feed Pump awarded to Environmental Improvements Inc. in the amount of $57,850). 2003-041 - An ordinance accepting competitive bids and awarding a contract for the purchase of fleet heavy equipment; providing for the expenditure of funds therefore; and providing an effective date (Bid 2936 - Fleet Heavy Equipment awarded to Future Equipment Co. in the amount of $175,246.14). 2003-042 - An ordinance accepting competitive bids and awarding a contract for the purchase of furniture for the North Branch Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 2938 - North Branch Library Furniture awarded to the lowest responsible bidder for each item in the total amount of $262,166.92). 2003-043 - An ordinance accepting competitive bids and awarding a contract for the purchase of 5 cubic yards and one 6 cubic yard rubber-tired loader; providing for the expenditure of funds therefore; and providing an effective date (Bid 2940 - Rubber-Tired Loader-5 and 6 Cubic Yard awarded to the lowest responsible bidder for each item for a total amount of $473,991). 2003-044 - An ordinance accepting competitive bids and awarding a contract for the purchase of one 32 ft. quarter frame end dump trailer; providing for the expenditure of funds therefore; and providing an effective date (Bid 2942 - 32 Ft. City of Denton City Council Minutes February 4, 2003 Page 7 Quarter Frame End Dump Trailer awarded to the lowest responsible bidder in the amount of $27,995). R2003-005 - A resolution of the City of Denton urging the Texas Congressional Delegation to support providing funding for President Bush's $3.5 Billion First Responder Initiative during the 108th session of Congress; and providing an effective date. 5. PUBLIC HEARINGS A. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 0.4 acres from a Downtown Residential 2 (DR-2) to a Downtown Commercial Neighborhood (DC-N) zoning district. The site was generally located at 309 Fry Street north of Oak Street. Mixed-use multi-family and a restaurant were proposed. The Planning and Zoning Commission recommended approval (4-3). (Z02-0058, 309 Fry StreeO Larry Reichhart, Assistant Director of Planning and Development, stated that the current zoning allowed development above a retail type business but did not allow a restaurant. The proposed DC-N zoning would allow them to develop both dwellings above a business and a small restaurant. Property owners within 200 feet of the site had been notified and one opposing response had been received. Current opposition was at 24%, which would require a super majority vote from the Council to approve the zoning change requested. The Mayor stated that the public hearing was continued from the January 21, 2003 City Council meeting. The applicant, Patrick Whittle, spoke regarding the zoning change requested. He stated that the requested zoning change would allow them to use the existing residence for multi-family apartments and operate a restaurant on the lower floor. He stated that they anticipated pedestrian traffic for the restaurant, which would be a breakfast establishment operating from 7 a.m. to 1 p.m. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-045 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL COMMERCIAL NEIGHBORHOOD (DC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.4 ACRES OF LAND LOCATED AT 309 FRY STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZO2-0058) City of Denton City Council Minutes February 4, 2003 Page 8 Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered an appeal from Ali A1-Khafaji regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of Denton Code of Ordinances in a hearing continued from December 10, 2002. Captain Joanie Housewright presented pictures taken of the property that day. She stated that staff recommended that the City Council reject the appeal and deem the mowing fees reasonable. Montgomery motioned, Fulton seconded to suspend the rules and allow Mr. A1-Khafaji to speak. The rest of the Council agreed. Burroughs motioned to deny the appeal, McNeill seconded. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "nay", and Mayor Brock "aye". Motion carried 6-1. B. New Business The Council did not have any items of New Business for future agendas. C. Items from the City Manager City Manager Conduff did not have any items for Council. D. There was no continuation of the Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. 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 7:55 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS