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Minutes July 15, 2003CITY OF DENTON CITY COUNCIL MINUTES July 15, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, July 15, 2003 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of July 15, 2003. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. The following items were considered in Closed Meeting: mo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the value and lease of real property interests at the Denton Municipal Airport pertaining to an Airport Lease Agreement between the City and Ezell Aviation including an amendmem thereto and partial assignmem thereof; and receipt of legal advice from the City Attorney on a matter in which his professional responsibility to the City Council requires private legal consultation. Bo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed, deliberated and consulted with the City's attorneys comemplated litigation involving the comract with Harrison Quality Construction Inc. for the construction of the Denton Public Library North Branch (Bid # 2819) along with any related comracts or comract documents and discussed various issues related to these contracts and other documents involving the North Branch Library where to discuss these issues and matters in public would conflict with the attorneys' duties and professional responsibilities under the Texas Disciplinary Rules of Professional Conduct. Regular Meeting of the City of DeNon City Council on Tuesday, July 15, 2003 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of DeNon City Council Minutes July 15, 2003 Page 2 2. PROCLAMATIONS/PRESENTATIONS mo Proclamations/Awards 1. Choice Homes Presentation Harold Johnson, Choice Homes Community Manager, presemed the City with a check to be used for the purchase of trees in commemoration of Choice Homes' 15th anniversary. Lancine Bentley, Program Manager for Keep Denton Beautiful, presented the Council with the Governor's Community Achievemem Award. This award would fund improvemems along TxDot roadways in the City of Denton. B. July Yard-of-the-Momh Awards Mayor Brock presented the July Yard of the Month Awards to: Sharon and Glen Jennings David Minter Peggy Franks and Sharilyn Nusbaum Leo and Joann Perez Brian and Lee Anne Watson Darlene Mullenweg Ed and Nancy Legler - Water Smart Yard Wash-It-Kwik - Business Yard Co Resolutions of Appreciation 1. The Council considered approval of a Resolution of Appreciation for Ida Bonaparte. Burroughs motioned, Redmon 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. D. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated again that smoking should be restricted from one of the emrances of City Hall so that there was one smoke free entrance. He again commented on the fact that there were no African-Americans on the Fire Departmem. He also commemed on how the Police Departmem acted against the activities for youth in Fred Moore Park. City of Demon City Council Minutes July 15, 2003 Page 3 2. Bob Clifton regarding the City of Denton inspections Department. Mr. Clifton stated that he was having problems with the Inspections Department and Health Department concerning an establishment he was trying to start on the Square. He suggested a checklist be made available for the starting of businesses in the City. o Brian Sutherland regarding light pollution in Township ii due to Racetrac on Dallas Drive. Mr. Sutherland stated the new Racetrac across from his subdivision had 40 unshielded floodlights that shone on all of the neighborhood homes, causing a large amoum of light pollution. He asked the Council to work with the Racetrac Corporation to shroud the lights so as to reduce the amount of light pollution into the area homes. 4. CONSENT AGENDA Mayor Brock indicated that Item 4U and 4X were pulled from consideration. Item 4D and 4Y would be considered as separate items. Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items 4D and 4Y. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item 4D was considered. Janet Simpson, Acting Director of Parks and Recreation, detailed the various categories of parks located in the City and the proposed agreemem with the University of North Texas for the softball fields. The following individuals spoke on the issue: Anna Broudrick, 535 County Road 2133, Valley View, 76272 - favor Bob Gorton, 3821 Deer Forest, Denton, 76208 -favor Alice Gore, 2215 Westwood, Demon, 76205 - opposed Commem cards were received from the following individuals: Pati Haworth, 1506 Highland Park Road, Denton, 76205 - opposed William C. Johnson, 1506 Highland Park Road, Demon, 76205 - opposed Sarah Bryam, 1500 Kendolph, Demon, 76205 -opposed ira Defoor, 1407 Kendolph, Demon, 76205 - opposed Burroughs motioned, Kamp seconded to approve Item 4D. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council considered Item 4Y. City of Demon City Council Minutes July 15, 2003 Page 4 Dottie Palumbo, Assistam City Attorney, detailed the issues included in the Legislative Program. McNeill motioned, Burroughs seconded to approve Item 4Y. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. R2003-205 - A resolution approving the fiscal year 2004 Financial Plan of the Denco Area 9-1-1 District; pursuant to the Texas Health and Safety Code, Chapter 772, as amended; and providing an effective date. R2003-012 - A resolution of the City of Demon, Texas, approving the 2004 Budget of the Denton Central Appraisal District; and declaring an effective date. Approved a tax refund for the following property taxes: A. Lone Star Title, Inc Overpaymem 2002 $907.06 2003-206 - An ordinance of the City of Demon, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the University of North Texas pertaining to the use of and upgrade to Denia Park; and providing an effective date. R2003-013 - A resolution of the City of Demon, Texas, approving the Convemion and Visitor Bureau Program Year 2003 revised budget; and providing an effective date. 2003-207 - An ordinance of the City of Demon, Texas, authorizing an agreemem between the City of Demon, Texas and the Boys and Girls Club of Demon County providing support for at-risk youth; providing for the expenditure of funds therefor; and providing for an effective date. 2003-208 - An ordinance of the City of Demon, Texas, authorizing an agreemem between the City of Denton, Texas and the Denton Festival Foundation for supplemental funding for the Arts and Jazz Committee for the Denton Arts and Jazz Festival; providing for the expenditure of funds therefor; and providing for an effective date. 2003-209 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of automatic external defibrillators; providing for the expenditure of funds therefor; and providing an effective date (Bid 2963 - Automatic External Defibrillators awarded to Cardiac Science, Inc. in the amount of $42,375). 2003-210 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of printer and plotter cartridges and parts; providing for the expenditure of funds therefor; and providing an effective date (Bid 3027 - City of DeNon City Council Minutes July 15, 2003 Page 5 Printer and Plotter Cartridges and Parts awarded to CVR Computer Supplies in the estimated amoum of $65,904.80). Jo 2003-211 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of PVC electrical fittings and accessories; providing for the expenditure of funds therefor; and providing an effective date (Bid 3038 - PVC Electrical Fittings and Accessories awarded to Stuart C. irby Co. in the estimated amoum of $243,565.35). Ko 2003-212 - An ordinance authorizing the City Manager or his designee to execute Change Order 4 to the contract between the City of Denton and Texas Electric Utility Construction, inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 2840 - Hwy 380 Water and Sewer Relocation Change Order Four in the amoum of $103,422.13). Lo 2003-213 - An ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and Xerox Corporation; providing for the expenditure of funds therefor; and providing an effective date (Ordinance No. 2001-077; Purchase Order 13131 to Xerox Corporation for the lease of a Xerox 2060 Digital Press in the amoum of $706,852.20 plus $.0731 per color copy and $.0307 per black and white copy for each copy over 60,000 per momh and File 3051 - Change Order Number One in the deduct amoum of $123,553.20 for a total amoum of $583,299). Mo 2003-214 An ordinance providing for the expenditure of funds for the emergency purchase of contract work and equipment to repair storm damage to DME equipment located on Bonnie Brae Street in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3049 - Additional Emergency Services for Bonnie Brae Power Outage awarded to Garland Power and Light in the amount of $30,024.66). No 2003-215 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Cooper Creek Lift Station; providing for the expenditure of funds therefor; and providing an effective date (Bid 3011 - Cooper Creek Lift Station awarded to Can-Fer Construction Company, Inc. in the amount of $1,225,259.25). Oo 2003-216 - An ordinance awarding a comract for the lease of services, software, hardware, and annual maintenance for the installation and support of Xerox DocuPrint 92C Network Printing system as awarded by the State of Texas Building and Procuremem Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefor; and providing an effective date (File 3050 - Lease of Xerox DocuPrim 92C Network Printing System awarded to Xerox Corporation in the total 60 momh lease amoum of $274,869.60). City of DeNon City Council Minutes July 15, 2003 Page 6 Po 2003-217 - An ordinance accepting competitive bids and awarding a comract for the purchase of temporary employment services to process EMS billing for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3037 - Temporary Employmem Services for EMS Billing awarded to Triangle Temporaries, Inc. in the estimated amount of $20,000). Qo 2003-218 - An ordinance of the City of DeNon, Texas, approving a lease agreement between the City of Denton, Texas and the Denton Soccer Association pertaining to the construction, operation and use of a new building at the North Lakes Park soccer complex; and providing an effective date. Ro R2003-014 - A resolution allowing Taco Cabana Restaurant to be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on September 27, 2003, upon certain conditions; authorizing the City Manager or his designee to execute an agreemem in conformity with this resolution; and providing for an effective date. S. Approved the minutes of June 3, 10 and 17, 2003. To Grained an exception to the Noise Ordinance for the purpose of the Apollo Nights Concert Series on Sunday, July 20, 2003; Sunday, August 3, 2003; and Sunday, August 17, 2003 at Fred Moore Park, from 6:00 p.m. to 10:00 p.m. The requestor was specifically asking for an exception to all for live music on Sunday. U. This item was pulled from consideration. go 2003-219 An ordinance of the City of DeNon, Texas approving an Encroachmem Agreemem between the City of DeNon and the City of Corimh, which permits the City of Denton to locate a water re-use pipeline in a portion of State School Road under the jurisdiction of the City of Corimh; located in the Levi Young Survey, Abstract Number 1451, and the Berry Merchant Survey, Abstract Number 800, in the City of Corinth, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Wo 2003-220 - An ordinance authorizing the City Manager, or his designee, to execute an Interlocal Agreement between the City of Denton, the University of North Texas and McDonald Transit Associates, Inc. to provide for motor carrier passenger service for UNT studems, staff and faculty; and providing for an effective date. X. This item was pulled from consideration. Yo R2003-015 - A resolution of the City of DeNon, Texas adopting the City of Denton's 2003 State Legislative Program for the 78th First Called Legislative Session; providing a repealer; and providing an effective date. City of DeNon City Council Minutes July 15, 2003 Page 7 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on first reading, establishing the extension of the cable television franchise between the City of DeNon and Charter Communications; providing a severability clause; and providing an effective date. John Cabrales, Public Information Officer, detailed the provisions of the extension of the cable television franchise. The following ordinance was considered on first reading: FIRST READING AN ORDINANCE ON FIRST READING, ESTABLISHING THE EXTENSION OF THE CABLE TELEVISION FRANCHISE BETWEEN THE CITY OF DENTON AND CHARTER COMMUNICATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance on first reading. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. New Business The following Items of New Business were suggested by Council for future agendas: 1. Council Member McNeill suggested a join meeting with the DISD regarding economic ventures. 2. Council Member Redmon asked for a review of the penalty and iNerest aspects of the utility billing policy. 3. Council Member Redmon requested an update on the mosquito spraying policy. merchants. Council Member Thomson asked for a work session discussion regarding itineraN 5. Mayor Pro Tem Burroughs requested information on a nuisance ordinance for directional lighting Co 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 consideration. D. There was no coNinuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes July 15, 2003 Page 8 E. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, Kamp seconded to approve a change order with conditions as noted in Closed Session. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Momgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 8:05 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS