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.
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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
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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.
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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:
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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.
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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