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Minutes August 19, 2003CITY OF DENTON CITY COUNCIL MINUTES August 19, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 19, 2003 at 4:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, Montgomery, and Thomson. ABSENT: Council Member Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of August 19, 2003. The City Council attended a reception for Board and Commission members at 4:30 p.m. in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. at which the following item was considered: 1. The Council considered approval of a resolution of appreciation for retiring Board/Commission members. Burroughs motioned, McNeill 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. Regular Meeting of the City of Denton City Council on Tuesday, August 19, 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 Mayor Brock presented a proclamation for Disabilities Awareness Week. B. August Yard-of-the-Month Awards Mayor Brock presented Yard of the Month Awards to: Jon, Tanya and Hope Seibert The Simmons Street Church of Christ Carroll and Martha Goen Jim and Kay Murray Tom and Rebecca Harpool Raymond and Bobbie Coorpender Brian and Mary O'Connor-Water Smart Award City of Denton City Council Minutes August 19, 2003 Page 2 Eagleton Photography-Business Yard Award C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: Robert Kam regarding public transportation and Denton Branch Rails to Trails. Mr. Kam stated more alternatives were needed for transportation in Denton. The L1NK hours were not convenient for those citizens who depended on it to move about the city. He recently purchased a bike and enjoyed the Denton Branch Rails to Trails. Unfortunately the construction on Loop 288 had disrupted the flow of the trail and the alternate route had not been started yet. He offered a number of suggestions to improve the LINK and the transportation alternatives in Denton. 4. CONSENT AGENDA Mayor Brock indicated that Item R had been pulled from consideration. Burroughs motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolution with the exception of Item R. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. R2003-020 - A resolution of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 2, 2003; providing for publication of notice of such vote on the tax rate; and providing an effective date. 2003-240 - An ordinance authorizing the City Manager to execute an addendum to contract between the City of Denton, Upper Trinity Regional Water District and the City of Lewisville concerning Reuse of Water from Cooper (Chapman) Lake; providing for the expenditure of funds therefor; and providing for an effective date. 2003-241 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electric distribution cables; providing for the expenditure of funds therefor; and providing an effective date (Bid 3043 - Annual Price Agreement for Electric Distribution Cables awarded to Techline, Inc. in the estimated amount of $471,050). 2003-242 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of front load refuse containers; providing for the expenditure of funds therefor; and providing an effective date (Bid 3044 - Annual City of Denton City Council Minutes August 19, 2003 Page 3 Price Agreement for Front Load Refuse Containers awarded to Wastequip May Fab in the estimated amount of $110,000). 2003-243 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electric distribution conductors; providing for the expenditure of funds therefor; and providing an effective date (Bid 3046 - Annual Price Agreement for Electric Distribution Conductors awarded to Priester Supply in the estimated amount of $200,000). 2003-244 - An ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment; providing for the expenditure of funds therefor; and providing an effective date (Bid 3053 - Annual Price Agreement for Rental of Heavy Equipment awarded in the estimated amount of $500,000). 2003-245 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of cellular phone services; providing for the expenditure of funds therefor; and providing an effective date (File 3064 - Interlocal Agreement with Tarrant County for the purchase of cellular phone services, contract awarded to Progressive Concepts, Inc. in the amount of $175,000). 2003-246 - An ordinance awarding a contract for the purchase of wireless communication services as awarded by the State of Texas Building and Procurement Commission; providing for the expenditure of funds therefor; and providing an effective date (File 3063 to Nextel Communications in the annual estimated amount of $99,600). 2003-247 - An ordinance authorizing the City Manager or his designee to enter into an agreement with Bank One, NA and to participate in an agreement between Bank One, NA and the Texas Building and Procurement Commission relating to the use of purchasing cards; repealing Ordinance 99-285; authorizing the City Manager or his designee to make expenditures set forth in the contract; and providing an effective date (File 3068 - Agreement 946-AI between the State of Texas Building and Procurement Commission/Bank One NA, and the City of Denton for a Purchasing Card System). 2003-248 - Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Record Chronicle; approving the expenditure of funds for the purchase of legal advertising services available from only one source in accordance with the provisions of the state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3065 - Agreement with the Denton Record Chronicle in the amount of $7.60 per column inch for an estimated award of $30,400). 2003-249 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., for legal services pertaining to representation of the City before the Public Utility Commission of City of Denton City Council Minutes August 19, 2003 Page 4 Texas, in the areas of public utility regulatory law and administrative law, respecting Denton's compliance with Public Utility Commission of Texas Electric Transmission Service Rules; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. 2003-250 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., for legal services pertaining to representation of the City before the Public Utility Commission of Texas, in the areas of Public Utility Regulatory Law and Administrative Law, respecting the protection of the City's interests relating to competition transition charges and transition charges by municipally owned utilities or by customers of municipally owned utilities; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. 2003-251 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an Agreement for Professional Legal Services with Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., for legal services pertaining to representation of the City before the Public Utility Commission of Texas, in the areas of Public Utility Regulatory Law and Administrative Law, respecting the protection of the City's interests relating to efforts by the Public Utility Commission of Texas to change the current design of the Electric Reliability Council of Texas wholesale power market in Texas; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. 2003-252 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-H, regarding the market design issue of moving the Electric Reliability Council of Texas to a nodal transmission pricing system, relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. 2003-253 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R.J. Covington, LLC for consulting services relating to Task Order No. 03-G, for services pertaining to representation of Denton Municipal Electric before Electric Reliability Council of Texas, provision of analysis and technical support related to regulatory and competitive issues, monitoring and evaluation of electric industry activities; authorizing the expenditure of funds therefore; providing for retroactive effect of the agreement and providing an effective date. 2003-254 - An ordinance authorizing the City Manager, or his designee, to file an application, execute grants, and subsequent amendments with the U.S. Department of Transportation Federal Transit Administration and the Texas City of Denton City Council Minutes August 19, 2003 Page 5 Department of Transportation for grants authorized by 49 U.S.C. {}5307, and other applicable laws; and providing for an effective date. 2003-255 - An ordinance establishing the fares to be charged for motor carrier passenger service provided by L1NK; superceding ordinances in conflict with this ordinance; and providing for an effective date. 2003-256 - An ordinance of the City of Denton, Texas approving the City's participation for itself, and on behalf of Denton County under an Interlocal Agreement between the City and Denton County, in the Texas Department of Transportation Off-System Bridge Replacement Program as authorized by Texas Administrative Code, Title 43, Section 15.55(d); authorizing the City Manager or his designee to execute on behalf of the City and County all documents or agreements necessary to carry out the program; and providing an effective date. R. This item was pulled from consideration. R2003- 021 - A resolution of the City Council of the City of Denton, Texas, replacing a policy for tax abatement for the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date. 2003-257 - An ordinance approving a license agreement between the City of Denton and the First United Methodist Church of Denton, Inc. to continue to allow use of a building at Evers Park for Boy Scout activities; and providing an effective date. R2003-022 - A resolution of the City of Denton, Texas calling a public hearing to consider establishing a reinvestment Zone VI for Flowers Foods Bakeries Group, LLC; and declaring an effective date. Approved three exaction variances for a parcel containing approximately 12 acres and was located on the north side of Jim Christal Road west of the GC & SF Railroad. The property was currently in an Industrial Center-Employment (1C-E) zoning district. The property was currently developed and no new construction was proposed. The Planning and Zoning Commission recommended approval of the variances as proposed by the applicant and conditioned by City staff. Planning and Zoning recommended approval (7-0). (F03-0018) Section 35.20.2(L.3.a.) of the Code of Ordinance concerning improvements to a perimeter street; Section 35.20.3(B.) of the Code of Ordinance concerning perimeter sidewalks; and Section 35.20.2(H. 1.) of the Code of Ordinance concerning the dedication of right of way for all streets that serve a commercial lot (regarding ROW for a cul-de-sac at the end of Jim Christal Road at its intersection with the GC & SF Railroad). City of Denton City Council Minutes August 19, 2003 Page 6 5. PUBLIC HEARINGS A. The Council held a public hearing on a proposal to adopt a tax rate of .54815 per $100 valuation, which will exceed the lower of the rollback rate or 103 percent of the effective tax rate. Kathy DuBose, Assistant City Manager for Finance, presented the details of the proposed tax rate. The tax rate would remain the same as last year. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. B. The Council held a public hearing and received citizen input on the 2003-2004 proposed budget. Kathy DuBose, Assistant City Manager for Finance, stated the Council had received the proposed budget on July 3 1st. The Mayor opened the public hearing. No one spoke during the public hearing. John Johnson, 1517 Linden, Denton, 76201 submitted a card in opposition to the increase of the tax rate above the effective tax rate. The Mayor closed the public hearing. C. The Council held a public hearing to afford the public appropriate notice and participation for the purpose of commenting on the cable television franchise application filed by Denton Telecom Partners I, LP d/b/a Advantex Communications, with the City of Denton. John Cabrales, Public Information Officer, stated that this was an application from Advantex Communications for a cable television franchise in Denton. The company currently served the Robson Ranch area. This would be a one-year agreement. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas establishing an Economic Development Partnership Board; and providing an effective date. Linda Ratliff, Director of Economic Development, presented the details of the proposal. City of Denton City Council Minutes August 19, 2003 Page 7 The following ordinance was considered: No. 2002-258 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING AN ECONOMIC DEVELOPMENT PARTNERSHIP BOARD; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance. 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 considered appointment of two City Council members and one Chamber of Commerce board member to the Economic Development Partnership Board Nominating Committee. McNeill motioned, Burroughs seconded to appoint Council Members Kamp and Montgomery from Council and Dale Kimball from the Chamber of Commerce to the nominating committee. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered nominations/appointments to the following boards and commissions: 1. Community Development Advisory Committee 2. Library Board 3. Parks, Recreation and Beautification Board Council Member Redmon nominated Cassandra Berry to the Community Development Advisory Board and Shea Norris to the Library Board. Council Member Kamp motioned to reconsider the appointment made at the last regular meeting for Place One for the Public Utilities Board and to place the reconsideration on the next regular agenda. D. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member McNeill requested an update on the status of the rental ordinance dealing with the number of residents allowed in rental property units. 2. Council Member Redmon requested information on the penalty and interest of utility billing system. City of Denton City Council Minutes August 19, 2003 Page 8 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. F. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. 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 7:10 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS Jennifer Walters City Secretary City of Denton, Texas