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Minutes March 04, 2003 CITY OF DENTON CITY COUNCIL MINUTES March 4, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 4, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem 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 March 4, 2003. Regular Meeting of the City of Denton City Council on Tuesday, March 4, 2003 at 6:30 p.m. in the Council Chambers at City Hall. A. 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. Proclamations/Awards Mayor Brock presented a proclamation for Denton Redbud Festival Day. Mayor Brock received the Tree City USA award from Matt Grubisich, Urban Forester for Dallas County. Mayor Brock received the StormReady presentation from Gary Woodall, Warning Coordinator Meteorologist of the National Weather Service. Mayor Brock recognized Pack 940 Tiger Cub Scouts and received a flag presentation from the Scouts. B. Recognition of staff accomplishments City Manager Conduff presented the Council with staff accomplishments. C. CITIZEN REPORTS A. Receive citizen reports from the following: 1. Willie Hudspeth: minority hiring and concerns for southeast Denton. Mr. Hudspeth spoke about concerns in minority hiring in the City of Denton and the number of minorities in the police and fire departments. City of Denton City Council Minutes March 4, 2003 Page 2 2. Bob Clifton: electric deposit and billings. Mr. Clifton was not present at the meeting. 4. CONSENT AGENDA Council Member Fulton requested that Item 4J be pulled for separate consideration. McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances with the exception of 4J. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of January 28, 2003, and February 4, 2003. Approved a request for an exception to the Noise Ordinance for the purpose of the 7th Annual CJ&K Mud Bug Boil and Gumbo Cook-Off, on Saturday, April 12, 2003 from 11:00 a.m. until 6:00 p.m. at 1211 W. Hickory in the parking lot directly behind Riprock's and Lucky Lou's in the Fry Street area. The event was specifically asking for an exception to the Music Festival sound level threshold being extended from 70 DBA to 75 DBA. 2003-065 - An ordinance of the City of Denton, Texas establishing lease rates and other rates for aviation and non-aviation related development at the Denton Municipal Airport, and providing an effective date. D. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year T~a~ei~ Se~i~¢ fo ate g 2. Jim T. Wheeler Duplicate Payment 2002 1,145.38 3 ~¢non~o ~ i~l~fo ~ihael ~a ~upli atepa ¢n~ ~ ~ 0 4. Commonwealth Title for Ernest Worley IH Duplicate Payment 2002 815.34 5 ~O ~o~alt~ ~it~ fo git~q ~P~ ge p~ ~ent g0~ ! ! g ~3 6. Commonwealth Title for Jonathan S. Duplicate Payment 2002 624.44 Griffin ] it Ie fo pm atent 0S 8. JackE. Daniels Duplicate Payment 2002 1,000.83 ~gl~ P~ ent ~002 ~ 5 10. Reunion Title for Scott Stoehr Duplicate Payment 2002 646.75 12. Stewa~ Title for Timothy R. Hillard Duplicate Payment 2002 560.58 i3 S~ ~itI~fo inda ~PI}ateP~ ~ent g0~ ~ g8 City of Denton City Council Minutes March 4, 2003 Page 3 Tax Name Reason Amount Year 14. George & Denise Elliott Duplicate Payment 2002 791.25 5 Fist ei ~ ~I ati ~fo S~ ~P~iate nt ~00~ p~e~ rta p/S 16. First American Title Company for Michael Duplicate Payment 2002 771.53 C. Drennan 18 Hexter-Fair Title for Kenneth R. Gould Duplicate Payment 2002 526.65 itl~ fo ~ha le~ an ~u ate pa en~ ~00~ ~0~ ~0 20. Extraco Mo~gage for Kathleen Kern Duplicate Payment 2002 539.89 2~ F~delit N at~ n~I 1e fo ~ P~ ate Pw/~ent 200g 8 5 ~ 22. Texas Title for Brent Gill Duplicate Payment 2002 614.00 3 ~a ~on~apo~ell at pa en~ 200g ~ 06 06 24. Eugenia K. Courtney Duplicate Payment 2002 683.32 25 T~s~n~fo ~is~ p~ent ~00~ ~ 26. Title Resources for Tina Wilkomer & Duplicate Payment 2002 1,107.21 Susan Blankenship 2 ~it~ ~S fo ~g ~i~a~ ~P~i ate p~ent ~0C)~ ~8~ 8~ 28 Title Resources for Mike Kozak Duplicate Payment 2002 680.74 30. Title Resources for Ernesto Puga Duplicate Payment 2002 560.42 3 ~ S~fe ~nd ~it~ fo I~hn ~i~h~P p~ent ~00~ 32. Melvin Achterberg Duplicate Payment 2002 549.39 33 S~ ~ill~ fo ~lh arP!~~ pii ~leP~ ~ent !0~ !~8 ~ 34. Title Resources for Charla Fitzpatrick Duplicate Payment 2002 583.55 35 ~s it~ fo ~i~Iia~ NOrri~ e p~ ~ent g0~ !8~ ~0 36. Texas Title for Robeff Jessup Duplicate Payment 2002 704.56 38. A1Qandro & Ginger Quezada Duplicate Payment 2002 914.90 2003-066 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of irrigation parts and supplies; providing for the expenditure of funds therefore; and providing an effective date (Bid 2960 - Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amount of $60,000). 2003-067 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for the annual payment of the Consolidated Water Quality Fee for the Pecan Creek Water Reclamation Plant; and providing an effective date (File 2983 to the Texas Commission on Environmental Quality in the amount of $65,045). City of Denton City Council Minutes March 4, 2003 Page 4 2003-068 - An ordinance accepting competitive bids by way of an Interlocal Agreement with U.S. Communities and awarding a contract for the purchase of furniture; providing for the expenditure of funds therefore; and providing an effective date (Bid 2977 - North Branch Library Furniture-U.S. Communities awarded to TUSA Office Solutions, Inc. by way of an Interlocal Agreement in the amount of $192,225.78). 2003-069 - An ordinance awarding a contract for the purchase of RouteMatch software for the L1NK system as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2984 to RouteMatch Software, Inc. in the amount of $38,500). 2003-070 - An ordinance of the City of Denton, Texas amending Section 22-26 of the Code of Ordinances of the City of Denton to provide for the regulation of athletic field closure, rental and usage; providing for the placement of signs to prohibit unauthorized usage; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. 2003-071 - An ordinance of the City Council of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. 2003-072 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.134 acre tract or parcel of land in fee simple for street purposes such title to be in the name of the City of Denton and a Temporary Construction, Grading, and Access easement containing approximately 0.660 acre of land, located in the Eli Pickett Survey, Abstract No. 1018 in the City of Denton, Denton County Texas and being a portion of parcel 2, conveyance plat Lexington Park South, recorded in cabinet S, page 299, plat records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, page 439, Deed Records of Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is not accepted, authorizing the City Attorney or his designee, to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of construction street, drainage, utility and related improvements; repealing that certain ordinance number 2002-187 pertaining to the subject property; and declaring an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Council considered Item 4J. City of Denton City Council Minutes March 4, 2003 Page 5 An ordinance of the City of Denton, Texas amending Section 22-31 "Prohibited Acts" of the Code of Ordinances of the City of Denton to add a paragraph (13) to prohibit the use of tobacco products during youth athletic activities on or adjacent to city athletic fields; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. Fulton motioned, Burroughs seconded to postpone consideration of the item until March 25th to allow for citizen comment. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. A. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Redmon asked about establishing a trash bag distribution site near where the current site was located in order to accommodate citizens in this area of the city. 2. Council Member Redmon requested a work session to review the racial profiling material the Council had received. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. C. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:10 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS