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Minutes September 16, 2003CITY OF DENTON CITY COUNCIL MINUTES September 16, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, September 16, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. 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 September 16, 2003. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific item listed below. 1. The following was considered in Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered the status of legal issues concerning an Imerim Grant of Authority to Denton Telecom Partners I, LP d/b/a Advantex Communications to construct, reconstruct, operate and maintain a cable television system in the City of Denton where to discuss these legal issues concerning the above stated matters with the attorneys in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and would jeopardize the City's position in administrative proceedings or in potential litigation. Regular Meeting of the City of DeNon City Council on Tuesday, September 16, 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 presemed the following proclamations: Constitution Week National Sickle Cell Awareness Momh Appreciation of Sgt. Danny Steadham City of DeNon City Council Minutes September 16, 2003 Page 2 B. September Yard-of-the-Month Awards Mayor Brock presented the September Yard of the Month Awards: Ross and Heather Appleton Bentley and Trish Parker Addy and Wilfred Sager Cindy Brugliera Linda Dudley Mrs. Jacqueline Lombardo Bill and Ann Ennis-Water Smart Dove Creek Animal Hospital - Commercial C. Recognition of staff accomplishments City Manager ConduffpreseNed staff accomplishments to the Council and audience. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. David Weir regarding variance for maiNaining horses on property. Mr. Weir stated that he had complained about a neighbor keeping pigs on his property and as a result had a complain against his horse on his property. He felt 90% of the people in DeNon with animals were not in compliance with the ordinance separating animals from homes. He felt laws should apply equally to all and not to just those who complain. He requested a variance in order to keep his horse at his property. 2. Mike Phillips regarding preserving DeNon. Mr. Phillips asked Council to not give away one of Denton's most precious resources, the landfill space. He was shocked to learn that Denton was planning on allowing outside entities to bring materials to the landfill at a reduced cost. He felt it was a direct conflict with the City Charter to allow charges to individuals outside the city limits to be lower than what was charged residents. o Nell Yeldell regarding high utilities, drainage ditches, and the concrete plant. Ms. Yeldell felt that the City's utility charges were too high. ditches in the area needed to be cleaned out and taken care of. danger to the neighborhood. She also felt that the drainage The concrete plan was still a 4. CONSENT AGENDA Council Member Thomson asked that Item O be removed for separate consideration. City of DeNon City Council Minutes September 16, 2003 Page 3 Burroughs motioned, Kamp seconded to approve the Consent Agenda with accompanying ordinances and resolutions with exception of Item O. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item O was considered. Council Member Thomason indicated that he and the Mayor needed to abstain from voting on this item as they were on the Board of Directors for Hope, Inc. Mayor Brock and Council Member Thomson left the meeting with a conflict of interest. Montgomery motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock and Council Member Thomason returned to the meeting. R2003-024 - A resolution by the City of DeNon, Texas, authorizing the City Manager to sign and submit an amendment to the 2003 Action Plan for Housing and Community DevelopmeN submitted in June 2003 to the U.S. DepartmeN of Housing and Urban Development with appropriate certifications, as authorized and required by the Housing and Community DevelopmeN Act of 1974, as amended and the Affordable Housing Act of 1990, as amended; and providing for an effective date. 2003-290 - An ordinance of the City Council of the City of DeNon, Texas approving the Third Amendment to that agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the Third Amendment and to expend funds with respect to the Third AmendmeN; and providing for an effective date. 2003-291 - An ordinance of the City Council of the City of DeNon, Texas, authorizing the City Manager to execute the Second Amendment to that Agreement between the City of Denton and Denton City County Day School, Inc. for improvemeNs to the daycare facility at 1603 Paisley; authorizing the City Manager to expend funds with respect to the Second Amendment; and providing for an effective date. 2003-292 - An ordinance of the City Council of the City of DeNon, Texas, approving the guidelines for the ReNal Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. 2003-293 - An ordinance authorizing the City Manager to execute a personal services agreement with Barbara T. McCall Associates, Inc. to provide certain information and services with regard to legislation of interest to the city. City of Denton City Council Minutes September 16, 2003 Page 4 Fo Approved a tax re,nd f°r the f°llowing pr0pe~y tax: ~a~ Reagon ~a~ ~ea~ ~oun~ 1. NeoRx Corporation Supplemental Change 2002 $4,526.61 Go R2003-025 - A resolution appointing members to the Board of Directors of the North Texas Higher Education Authority, Inc.; and declaring an effective date. Ho R2003-026 - A resolution of the City of Denton, Texas approving revised City Policy regulating dress code/personal appearance of City employees; and declaring an effective date. R2003-027 - A resolution of the City of Denton, Texas, approving revised City Policy regulating illness and off duty injuries of City employees; and declaring an effective date. Jo R2003-028 - A resolution of the City of Denton, Texas approving City Policy regulating incentive/recognition programs of City employees; and declaring an effective date. Ko R2003-029 - A resolution of the City of Denton, Texas approving revised City policy regulating use of tobacco products by City employees; and declaring an effective date. Lo 2003-294 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of refuse bags; providing for the expenditure of funds therefor; and providing an effective date (Bid 3058 - Annual Price Agreement for Refuse Bags awarded to Dyna Pak Corporation in the amount of five cents per bag ($2.68/ro11) for an annual estimated amount of $80,400). Mo 2003-295 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper; providing for the expenditure of funds therefor; and providing an effective date (Bid 3060 - Annual Price Agreement for Multipurpose Paper awarded to Western Paper Company, Inc. in the amount of $1.80 per ream of paper ($18/carton) for an estimated annual amount of $28,800). No 2003-296 - An ordinance accepting competitive bids and awarding a contract for infant and Child Care Programs for Low-income Families, providing for the expenditure of funds therefor; and providing for an effective date (Bid 3069A - infant & Child Program for Low-income Families awarded to Fred Moore Day Nursery School, inc. in the amount of $39,000). Oo 2003-297 - An ordinance accepting competitive bids and awarding a contract for Self-Sufficiency Program for Low-income & Homeless Households, providing for the expenditure of funds therefor; and providing for an effective date (Bid 3070 - Self-Sufficiency Program for Low income & Homeless Households awarded to HOPE, inc., in the amount of $30,000). City of DeNon City Council Minutes September 16, 2003 Page 5 iD, 2003-298 - An ordinance accepting competitive bids and awarding a comract for Childcare Expansion Program for Low income Children, providing for the expenditure of funds therefor; and providing for an effective date (Bid 3071 - Childcare Expansion Program for Low-income Children awarded to DeNon Christian Preschool in the amoum of $30,000). Qo 2003-299 - An ordinance accepting competitive bids and awarding a comract for Daycare Program for Low-income Families; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3072 - Daycare Program for Low-income Families awarded to DeNon City County Day School in the amoum of $38,000). Ro 2003-300 - An ordinance awarding a contract for the purchase of an automated tape library as awarded by the State of Texas Building and Procurement Commission through the Catalog information Service Vendor (CiSV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3075 - Purchase of Automated Tape Library awarded to Eagle Software, inc. in the amoum of $64,441). So 2003-301 - An ordinance awarding a comract for the purchase of a RS6000 Server, computer hardware, operating system software, and first year annual maintenance as awarded by the State of Texas Building and Procurement Commission through the Catalog information Service Vendor (CiSV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3076 - Purchase of RS6000 Server awarded to imernational Business Machines, inc. (iBM) in the amoum of $80,595.14). 2003-302 - An ordinance awarding a comract for the purchase of a Mitsubishi 50kVA Uninterruptible Power Supply and Distribution System as awarded by the State of Texas Building and Procurement Commission through the Catalog information Service Vendor (CiSV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3079 - Purchase of Mitsubishi 50kVA Unimerruptible Power Supply and Distribution System awarded to DataCom Power, inc. in the amoum of $89,155). Uo 2003-303 - An ordinance authorizing the City Manager or his designee to execute a professional services agreement with the firm of Booziotis & Company Architects to provide architectural services for the renovation of the Civic Center and Emily Fowler Library; authorizing the expenditure of funds therefor and providing an effective date (RFSP 3030 in the amoum of $184,190). go 2003-304 - An ordinance approving the expenditure of funds for the purchase of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Comrol and Data Acquisition System (SCADA) available from only one source in accordance with the provision for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3084 - Renewal of SCADA Maimenance Agreemem awarded to Advanced Comrol Systems in the amoum of $31,452). City of DeNon City Council Minutes September 16, 2003 Page 6 Wo 2003-305 - An ordinance of the City of DeNon, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Promotional Commercials from Comcast Advertising, Denton, Texas, pertaining to Denton Municipal Electric, 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 3085 - Comcast Advertising in the amoum of $41,028). Xo 2003-306 - An ordinance accepting competitive bids and awarding a comract for the purchase of an Inductively Coupled Plasma Mass Spectrophotometer (ICPMS); providing for the expenditure of funds therefor; and providing an effective date (Bid 3062 - Inductively Coupled Plasma Mass Spectrophotometer (ICPMS) awarded to Perkin Elmer Instrumems in the amoum of $121,637). Yo R2003-030 - A resolution allowing La Mexicana 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. go 2003-307 - An ordinance of the City of DeNon, Texas approving an amendmem to an Airport Lease between the City of Denton and John Kristoferson dated June 4, 2002; and providing an effective date. 2003-308 - An ordinance of the City of DeNon, Texas approving the conveyance of business assets of Avionics Imernational Supply, Inc. ("Avionics") a tenam at the Denton Municipal Airport and other entities co-located therewith to complete Aviation Supply Services Imernational Inc. ("Complete Aviation"); and approving an assignmem of a commercial airport lease dated December 19, 1995 from Avionics to H & J Building Emerprises, L.L.C. (H&J) and further approving of a ground sublease and separate lease of the improvemems thereon from H & J to Complete Aviation; and providing an effective date. BB. 2003-309 - An ordinance amending Section 6-27(b) of Chapter 6 Animals, providing an exception for Equestrian Developments; providing a penalty not to exceed $500; providing for a severability clause; providing a savings clause; providing for publication; and providing an effective date. CC. 2003-310 - An ordinance approving a change order to that certain Professional Services Contract between the City of Denton and Steven J. Kunkel and Associates, Inc., dated March 13, 2003 to provide real property appraisal services for acquisitions for the Clear Creek Imerceptor Sewer Line Project; and providing an effective date. DD. 2003-311 - An ordinance of the City of DeNon, Texas, authorizing the City Manager to execute the Swisher Road Waterline Extension Project Agreement between Swisher Road Water Supply Corporation, the City of Denton, Texas, City of Demon City Council Minutes September 16, 2003 Page 7 Nortex Regional Planning Commission and Demon County, Texas; providing for the expenditure of funds therefor: and providing for an effective date. EE. 2003-312 - An ordinance of the City of Demon approving an agreemem in the amoum of $500.00 between the City of Demon, Texas and the Demon Holiday Festival Association, Inc. for the installation and maintenance of decorative lighting in the Downtown Square and related holiday activities; providing for the expenditure of funds therefore; and providing for an effective date. FF. R2003-031 - A resolution of the City Council of the City of Demon, Texas, requesting the Texas Municipal League oppose legislation that erodes a City's ability to charge an equal and uniform drainage fee; and providing an effective date. GG. R2003-032 - A resolution of the City Council of the City of Demon, Texas, requesting the Texas Municipal League oppose legislation that erodes a City's ability to impose an equal and uniform impact fee; and providing an effective date. HH. R2003-033 - A resolution of the City of Demon, Texas adopting the City of Denton's 2003 State Legislative Program for the 78th Third Called Legislative Session; providing a repealer; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, on first reading, granting an Interim Grant of Authority to Denton Telecom Partners I, LP d/b/a Advantex Communications to construct, reconstruct, operate and maintain a cable television system in the City of Denton, Texas and setting forth conditions accompanying the graining of this Imerim Gram of authority; providing for a penalty for the violation of this ordinance; providing for a savings clause; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. John Cabrales, Public Information Officer, presemed a staff briefing on the proposal. The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ON FIRST READING, GRANTING AN INTERIM GRANT OF AUTHORITY TO DENTON TELECOM PARTNERS I, LP D/B/A ADVANTEX COMMUNICATIONS TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS INTERIM GRANT OF AUTHORITY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING City of Demon City Council Minutes September 16, 2003 Page 8 FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Thomson 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 adoption of an ordinance of the City Council of the City of Demon, Texas providing for the dismissal of TXU Gas Company's requested increase in rates in the event the Company fails to amend its Statement of Intent to remove increases for pipeline services from its requested distribution rates; and providing for an effective date. Mayor Brock and Council Member Thomason left the meeting with a conflict of interest. Herb Prouty, City Attorney, presented the details of the ordinance. The following ordinance was considered: NO. 2003-313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE DISMISSAL OF TXU GAS COMPANY'S REQUESTED INCREASE IN RATES IN THE EVENT THE COMPANY FALLS TO AMEND ITS STATEMENT OF INTENT TO REMOVE INCREASES FOR PIPELINE SERVICES FROM ITS REQUESTED DISTRIBUTION RATES; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock and Council Member Thomson returned to the meeting. C. The Council considered nominations/appointments to the Economic Development Partnership Board. Kamp motioned to nominate to the Mayor Brock and Council Member McNeill representing the City Council; Randy Robinson and Jerry Mohelnitzky represeming the Chamber of Commerce; Harry Crumpacker and Bob Haley representing top twenty City of Denton ad valorem or sales tax payers and Dr. Norval Pohl representing the University of North Texas. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered appointing a voting delegate and alternate voting delegate to the National League of Cities Annual Congress of Cities. City of Demon City Council Minutes September 16, 2003 Page 9 Council Member McNeill nominated Mayor Brock and Mayor Pro Tem Burroughs. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Redmon requested information on whether the current tree ordinance was enforceable while the new tree ordinance was being developed. 2. Council Member Burroughs requested a work session on the concept and implications of accepting outside trash to the landfill and the use of the money it would generate. 3. Council Member McNeill requested a summary of the comments made at the work session on changes to the solid waste ordinance to be made part of the public record. Fo 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. G. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. 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 7:35 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS