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Minutes May 27, 2003CITY OF DENTON CITY COUNCIL M1NUTES May 27, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 27, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report from the Solid Waste Department on providing commercial refuse services to businesses, apartments and fourplex living units. Vance Kemler, Director of Solid Waste, presented an overview of solid waster services provided and those services available for commercial customers. Billing options and service options for fourplexes were detailed. Staff had developed a rate survey of dumpster rates from surrounding cities. Council discussion included offering recycling to multifamily units and providing bids for commercial recycling similar to residential recycling. 2. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for the regular meeting of May 27, 2003. Regular Meeting of the City of Denton City Council on Tuesday, May 27, 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 A. Proclamations/Awards Bryon Piechowski presented a Rural Electric Safety Accreditation Award to the Mayor and Council. B. Resolutions of Appreciation The Council considered approval of a Resolution of Appreciation for Randy Leavell. Burroughs motioned, Montgomery seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes May 27, 2003 Page 2 C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CITIZEN REPORTS The Council received citizen reports from the following: 1. Brandy Wright: closing down Blagg Road. Ms. Wright stated that she would like to see Blagg Road closed. The former owners of the property who still lived at the end of Blagg Road requested to have the road remain open to make it easier for them to get into Denton. She indicated that there was much illegal dumping in the area and was unsafe for her children. 4. CONSENT AGENDA McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2003-138 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Corinth 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. 2003-139 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Aubrey 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. 2003-140 - An ordinance authorizing the City Manager or his designee to execute Change Order 30 to the contract between the City of Denton and Pharlap Construction, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 2791 - Solid Waste Facility Change Order 30 in the amount of $105,138). 2003-141 An ordinance providing for the expenditure of funds for the emergency purchase of digester cleaning services for the secondary digester at the Pecan Creek Water Reclamation Plant in accordance with provisions of state law exempting such purchases from the requirement of competitive bidding; and providing an effective date (File 3021 - Emergency Purchase For Digester Cleaning awarded to Liquid Waste Management, Inc. in the amount of $27,450). 2003-142 - An ordinance awarding a contract for the purchase of EMS Billing Software 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 therefor; and providing an City of Denton City Council Minutes May 27, 2003 Page 3 effective date (File 3003 - EMS Billing Software awarded to Pinpoint Technologies, Inc. in the not to exceed amount of $170,150). 2003-143 - An ordinance awarding a contract for the purchase of Personnel Staffing Software for the Fire Department 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 therefor; and providing an effective date (File 3004 -Personnel Staffing Software for the Fire Department awarded to Principal Decision Systems International in the amount of $42,444). 2003-144 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of digital self check machines for the City of Denton public library system from 3M Library Systems, 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; and providing an effective date (File 3019 - Digital Self Check Machines for City of Denton Library System awarded to 3M Library Systems in the amount of $92,595). 2003-145 - An ordinance awarding a contract for the purchase of a book theft detection system and accompanying book check out/check in workstations for the North Branch Library as awarded by the State of Texas Building and Procurement Commission; providing for the expenditure of funds therefor; and providing an effective date (File 3033 - Book Theft Detection System awarded to 3M Library Systems in the amount of $45,726). 2003-146 - An ordinance awarding a contract for the purchase of pesticide services for spraying of mosquitoes; providing for the expenditure of funds therefor; and providing an effective date (Bid 3007 - Pesticide Services for Spraying of Mosquitoes awarded to Adams Exterminating Co., Inc. in the amount of $16.50 per linear mile) 2003-147 - An ordinance of the City of Denton, Texas authorizing a Confidential Access Line Compensation Agreement with a certified telecommunications provider pursuant to Chapter 283 of the Texas Local Government Code; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such an Agreement, and to take such other actions deemed necessary to finalize the Agreement; and declaring an effective date. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year ~E ~ nt 200 O~ 2. Denton Area Teachers Credit Overpayment 2002 724.13 Union for George Williams 3 Pi ~ es e~s ~P~iat P~ ~ent ~00 City of Denton City Council Minutes May 27, 2003 Page 4 Tax Name Reason Amount Year 4. Lereta Corporation for Duplicate Payment 2002 543.69 Kimberly Pope 5 nt~ g fo ate p~ Bent ~00 ~8 ~ ~ 6. Countrywide Home Loans for Duplicate Payment 2002 564.54 Nathan Adair ~ Unt~i ae fo ~ P~i ate nt ~ 8. EMC Mortgage for Millard Overpayment 2002 1,111.89 Thorp ~int ~ge ~nteg at e~ ~e~h ~P~i at e ~¥~ent ~0¢3~ ~ 8 3 S ervi~ 10. Shady Oaks Center, Ltd. Duplicate Payment 2002 5,508.37 ~e~p~ rlaw~d~ S PPI e ~nt g~nge pe 200g gS8 88 12. Legacy Monterey Homes LP Supplement change per 2002 606.88 the Appraisal Review Board 3 ~ fo P~ ent ~ 14. Denton County Title for Thomas Drisdale Duplicate Payment 2002 666.85 2003-148 - An ordinance of the City of Denton amending a service agreement between the City of Denton, Texas and REACH, Inc. in the amount of $1,000.00, to provide counseling services for disabled persons; providing for the expenditure of funds therefor; and providing for an effective date. 2003-149 - An ordinance of the City of Denton amending a service agreement between the City of Denton, Texas and Children's Advocacy Center for Denton County in the amount of $350.00; providing for the expenditure of funds therefor; and providing for an effective date. 2003-150 - An ordinance of the City of Denton amending a service agreement between the City of Denton, Texas and Cumberland Presbyterian Children's Home in the amount of $2,000.00; providing for the expenditure of funds therefor; and providing for an effective date. 2003-151 - An ordinance of the City of Denton amending a service agreement between the City of Denton, Texas and South Ridge Recreation Club in the amount of $500.00, to provide expenditures for swimming pool fence which is open to the public; providing for the expenditure of funds therefor; and providing for an effective date. City of Denton City Council Minutes May 27, 2003 Page 5 2003-152 - An ordinance of the city of Denton, Texas adopting and approving a uniform Pole Attachment License Agreement for all pole attachment fees and charges and all conduit fees and charges involving poles and conduits owned by the City of Denton, Texas; establishing uniform pole attachment fees and charges; establishing uniform conduit fees and charges; authorizing the City Manager to execute said agreements; authorizing the expenditure of funds therefor; and providing an effective date. 2003-153 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Fourth Amended Contract for Professional Legal Services with the law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services supporting Denton Municipal Electric in continued electric generation divestiture issues; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. 2003-154 - An ordinance of the City of Denton, Texas, authorizing additional expenditures of $332,255.82 associated with the Interlocal Agreement between the City of Denton and the Denton Independent School District for the construction of an aquatic center; and providing an effective date. R2003-010 - A resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2003 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended and providing for an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of a portion of the Pebble Brook Open Space Park for the purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easement; and providing an effective date. Bob Tickner, Parks Superintendent, stated that the public hearing was in accordance with State law as the usage would be other than park property. The request was from the City to enlarge the existing sewer easement on the property that required the public hearing. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes May 27, 2003 Page 6 NO. 2003-155 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF A UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the ordinance as proposed. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett, in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (Teasley Lane High School ,4nnexation, ,403- 000~) Larry Reichhart, Assistant Director of Planning and Development, stated that this was the second public hearing with no action on the part of the Council at this point in time. Completion of the annexation would be July 22nd. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Greg Pollack, owner of adjacent property, expressed concern regarding enhancements to Teasley Lane with increased school traffic. Kathleen Pollack, property owner, questioned access to their property with the enhancements to the road. The Mayor closed the public hearing. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. New Business The following item of New Business was suggested by Council Members for future agendas: A. Council Member Redmon requested a report regarding the effectiveness of weather warning sirens especially during the late evening. 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. City of Demon City Council Minutes May 27, 2003 Page 7 C. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D. 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 7:02 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS