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Minutes October 21, 2003CITY OF DENTON CITY COUNCIL MINUTES October 21, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 21, 2003 at 4:30 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 and held a discussion regarding the CLIDE Awards Program. John Promise and Kenneth Calhoun from the North Central Texas Council of Governments presented information regarding the CLIDE Awards program and an overview of the issues that started the program on development excellence. The serious issues facing the region included transportation, air quality, water supply and the environment. A Center of Development Excellence was formed to provide a forum for local governments and the private sector to evaluate and form partnerships on regional growth issues. The Celebrating Leadership in Development Excellence Awards Program was established to celebrate development excellence best practices that advanced the ten principles of development excellence. Award winners in new development and redevelopment categories were show cased. 2. The Council received a report, held a discussion, and gave staff direction regarding exempting qualified charitable organizations from ad valorem taxation as defined and authorized by State law and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that staff was seeking direction from Council regarding a request from the Masonic Lodge to be exempted from ad valorem taxation. This was a local option exemption. If approved, it applied to all organizations that were certified by the state. Council discussion on the proposal included the following points: there was no problem with the two entities that had requested the exemption but there was concern about future organizations that might fall under the exemption; there was concern about how the legislature might change the rules in the future; a concern was expressed that this was an irreversible decision that ceded the exemption to the State; timing for the decision; and the fact that the completion of 501-C3 status would resolve the issues for the organizations. Consensus of the Council was to not place the proposal on a future agenda for consideration. 3. The Council received a report, held a discussion and gave staff direction concerning the appeal of William Kim Fugitt, AIA (The Timbers at Denton, LLC.) brought pursuant to {}26-226 of City of Denton Ordinance No. 2003-137, involving the imposition of impact fees. Jim Coulter, Director of Water Utilities, stated that the appeal did not meet the qualifications for an exemption for the impact fee. The Public Utilities Board had considered the request and did not recommend the exemption. Staff also was not recommending the exemption, as it did not meet the requirements for an exemption. City of Denton City Council Minutes October 21, 2003 Page 2 Council discussion involved the following points: there was an obligation on the part of the city of get information out to developers on such changes; what were the difference of costs; and whether sufficient notice was given out to developers already in the process of development when changes occurred. Consensus of the Council was to not grant the exemption and to have staff provide suggestions on ways to inform developers of changes in procedures and fees. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of October 21, 2003. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. The following item was considered in Closed Meeting: A. Consultation with Attorney - Under Tex. Gov't Code {}551.071 Considered and discussed status of litigation styled GoM v. City of Denton, et al., Cause No. 2003-60102-393, currently pending in the 393rd District Court, Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, October 21, 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 the following awards/proclamations: 2. 3. 4. 5. Government Financial Officers Association Budget Award. Recognition of Fire Fighter Jeff Knowles Recognition of Jon Fortune for ICMA Service Award Denton Television Appreciation Week Relationship Violence Awareness Month B. October Yard-of-the-Month Awards City of Denton City Council Minutes October 21, 2003 Page 3 Mayor Brock presented the Yard-of-the Month Awards to: 2. 3. 4. 5. 6. 7. 8. Rodney and Marlena Lane Larry and Cami Kish Joe and Kathy Earhart Marcus and Cila Lewis Irene Shaw Gayle and Alex Lieban Nita Valade and Bernard Lapeyre -water smart yard US Social Security Administration C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: Bob Clifton regarding the City of Denton electric company and other general nuisances. Mr. Clifton questioned how much the utility employees were paid but could not get the information from the City. He questioned how the budget money was spent. He would begin a recall campaign against each of the council members. One by one each would be removed from office. Salaries were too high, taxes were too high, and the roads were a mess plus other problems in the city that he would bring back later. Nell Yeldell regarding utilities, the concrete company, faulty property deeds, area ditches and associated trees, and harassment by the City. Ms. Yeldell stated that there was an error in the deeds of her property and the area ditches. Regarding utilities, she continued to have a problem with her utilities but the staff had been working with her and she appreciated that. She still had a problem with the concrete company near her home, especially with the hours of operation and the pollution of the area. 3. John Skelton regarding the McKamy/Evers subdivision. Mr. Skelton was not present at the meeting. Teresa Heffer regarding a water well on Highway 380 and the city's lack of response to her request. Ms. Heffer stated she was the owner of a water well on Highway 380. The City did not supply water to the area. She needed to file an exemption with the Texas Water Commission but was having a problem getting a response from the City. She was not receiving a response from the City in order to process her request. City of Denton City Council Minutes October 21, 2003 Page 4 4. CONSENT AGENDA Burroughs motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2003-331 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton County Friends of the Family for counseling and case management to victims of domestic violence for low to moderate income families; providing for the expenditure of funds therefor; and providing for an effective date. 2003-332 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and SPAN Inc. for providing nutritional meals for elderly or disabled low to moderate income persons; providing for the expenditure of funds therefor; and providing for an effective date. 2003-333 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Family Health Care, Inc. for prenatal health care for low to moderate income persons; providing for the expenditure of funds therefor; and providing for an effective date. 2003-334 An ordinance awarding a contract for the purchase of annual maintenance for the City of Denton Cisco (Smartnet) networked devices including switches, hubs, routers, and Cisco IP phone equipment for all equipment located in city facilities 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 3093 - Annual Maintenance for Cisco Networked Devices awarded to Forsythe Solutions Group in the amount of $65,347.17). 2003-335 - An ordinance awarding a contract for the purchase of maintenance and services for the LaserFiche Document Imaging System currently being used by the City of Denton 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 3095 - Maintenance and Services for LaserFiche Document Imaging System awarded to VP Imaging, Inc. in the amount of $40,265.35). 2003-336 An ordinance awarding a contract for the purchase of annual maintenance for the Nortel phone system including 24 hr/7 day support on all equipment located in City of Denton facilities 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 3097 - Annual Maintenance for Nortel Phone system awarded to Verizon Southwest in the amount of $42,400.08). 2003-337 - An ordinance awarding a contract for the purchase of an annual contract to provide continued wireless connectivity service to the Public Safety City of Denton City Council Minutes October 21, 2003 Page 5 Mobile Computers 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 3098 - Annual Contract for Continued Wireless Connectivity awarded to AT &T Wireless in an amount not to exceed $105,000). 2003-338 An ordinance awarding a contract for the purchase of annual maintenance for the Novell Network Infrastructure Licenses to include Novell Node, ZenWorks Node, BorderManager, Novell Secure Login, Novell Portal Services, Novell iChain, Novell GroupWise Mailbox, and DirXML 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 3099 - Annual Maintenance for Novell Network Infrastructure Licenses awarded to SHI- Government Solutions in the amount of $76,061.29). 2003-339 - An ordinance authorizing the City Manager to execute a professional services agreement with ETTL Engineering and Consulting, Inc. for hydrogeological consulting and analytical services pertaining to the City of Denton Landfill (MSW Permit No 1590A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (RFP 3092 - in an amount not to exceed $40,897.52). 2003-340 - An ordinance approving the expenditure of funds for the purchase of an annual maintenance agreement for continued vendor support of the Harris Public Utility Billing System 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 3094 - Annual Maintenance of Harris Public Utility Billing System to Harris Computer Systems in the amount of $55,461.24). 2003-341 - An ordinance approving the expenditure of funds for the purchase of annual Passport Advantage Software maintenance for continued vendor support of the Informix Dynamic Server Relational Database Software 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 3096 - Annual Maintenance of Passport Advantage Software to International Business Machines Incorporated (IBM) in the amount of $60,900). 2003-342 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the JD Edwards OneWorld Software Package 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 3100 - Annual Maintenance for JD Edwards OneWorld Software Package to JD Edwards in the amount of $82,800). City of Denton City Council Minutes October 21, 2003 Page 6 2003-343 - An ordinance amending Chapter 18 of the Code of Ordinances to extend the school zone for Tomas Rivera Elementary School by adding a portion of Woodrow Lane to the streets included in the zone; removing the bus loading zone for the former Sullivan Keller Elementary; providing a penalty of a fine not to exceed two hundred dollars; providing a severability clause; providing for publication; and declaring an effective date. 2003-344 - An ordinance allowing the City Manager to execute a Non-drill Site/Pooling Agreement with Lynx Oil Company, Inc. for 96 acres of the Airport Open Space in the City of Denton, Texas; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance for a Comprehensive Plan Amendment from Regional Mixed Use Center to Existing Neighborhood/Infill Compatibility on 11.68 acres of land. The subject property was generally located north of Wind River Lane and south of 1-35 in the Wind River Estates Phase IV subdivision. Single Family residential uses currently existed on this property. Planning and Zoning Commission recommended approval (7-0). (CA03-0002, Northeast 14/indRiver Estates) Kelly Carpenter, Director of Planning and Development, stated that the area in question was mapped in error and needed to be corrected. The change would be from a regional mixed-use center-zoning category to existing neighborhood infill category that would represent the existing homes already built on the site. The next public hearing was a companion ordinance to rezone the property following the change in the Comprehensive Plan. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003- 345 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 11.68 ACRES AND IS GENERALLY LOCATED NORTH OF W1ND RIVER LANE, SOUTH OF 1-35E AND AT THE NORTHEAST CORNER OF PHASE IV OF W1ND RIVER ESTATES SUBDIVISION; PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA-03-0002) McNeill motioned, Burroughs 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. City of Denton City Council Minutes October 21, 2003 Page 7 B. The Council held a public hearing and considered adoption of an ordinance for the rezoning of 11.68 acres of land from Regional Center Residential 1 (RCR-1) to Neighborhood Residential 3 (NR-3). The subject property was generally located north of Wind River Lane and south of 1-35 in the Wind River Estates Phase IV subdivision. Single Family residential uses currently exist on this property. Planning and Zoning Commission recommended approval (7-0). (Z03-0021, Northeast Wind River Estates) The Mayor opened the public hearing No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-346 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER RESIDENTIAL - 1 (RCR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL - 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 11.68 ACRES OF LAND LOCATED NORTH OF WIND RIVER LANE, SOUTH OF 1-35E AND AT THE NORTHEAST CORNER OF PHASE IV OF THE W1ND RIVER ESTATES SUBDIVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0021) 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. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement and Optional Reconstruction 2003 Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the ordinance would allow the loan program to continue for the next year with new guidelines. Funding was approved in May. The program provided loans and deferred loans to low/moderate income families. It also provided for rehabilitation of a unit and if a unit were significantly deteriorated, it would demolish and rebuild the structure. Plan changes included a reduction in residency requirements to 3 years and the housing sizes were revised. The following ordinance was considered: City of Denton City Council Minutes October 21, 2003 Page 8 NO. 2003-347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT AND OPTIONAL RECONSTRUCTION 2003 PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR 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 accepting competitive bids and awarding an annual contract for the purchase of hot mix lay asphalt concrete; providing for the expenditure of funds therefor; and providing an effective date (Bid 3073A - Annual Price Agreement for Hot Mix Lay Asphalt Concrete awarded to Jagoe-Public Company in the estimated amount of $500,000). Jim Coulter, Director of Water/Wastewater, stated this bid would provide the patch and overlay materials for the first third of the year. The following ordinance was considered: NO. 2003-348 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF HOT MIX LAY ASPHALT CONCRETE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3073A - ANNUAL PRICE AGREEMENT FOR HOT MIX LAY ASPHALT CONCRETE AWARDED TO JAGOE-PUBLIC COMPANY IN THE ESTIMATED AMOUNT OF $500,000). 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. C. The Council considered adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Health Insurance; providing for the expenditure of funds therefore; and providing for an effective date (RFP 3056 - Employee Health Insurance awarded to United HealthCare in the estimated amount of $7,820,400.) Scott Payne, Risk Manager, presented the details of the proposal and the results of the requests for proposal. The following ordinance was considered: City of Denton City Council Minutes October 21, 2003 Page 9 NO. 2003-349 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF HEALTH INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (RFP 3056 - EMPLOYEE HEALTH INSURANCE AWARDED TO UNITED HEALTHCARE IN THE ESTIMATED AMOUNT OF $7,820,400.) 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. D. Consideration of Referendum Petition: Secretary. The Council received Certification of a Referendum Petition from the City City Secretary Jennifer Walters stated that the elements of the petition required by the City Charter had been reviewed, found to be sufficient and certified the petition in compliance with the provisions of the City Charter. 2. The Council considered a motion to reconsider Ordinance No. 2003-265 (the Solid Waste Rate Ordinance) that is the subject of the Referendum Petition certified by the City Secretary to vote on the question as required by the City Charter "Shall the ordinance specified in the referendum petition be repealed?" A Speaker Card was submitted by Joe Ialenti, 1511 Greenwood Drive, Denton, 76209 who spoke on the item. Burroughs motioned, Kamp seconded to reconsider Ordinance 2003-265 and vote on the question as required by the City Charter. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council considered adoption of an ordinance repealing Ordinance No. 2003- 265 (the Solid Waste Rate Ordinance); reinstating the Solid Waste Rate Ordinances that were in effect immediately before the passage of the "Solid Waste Rate Ordinance"; providing a savings clause; and providing an effective date. The following ordinance was considered: NO. 2003-350 AN ORDINANCE REPEALING ORDINANCE NO. 2003-265 (THE SOLID WASTE RATE ORDINANCE); REINSTATING THE SOLID WASTE RATE ORDINANCES THAT WERE IN EFFECT IMMEDIATELY BEFORE THE City of Denton City Council Minutes October 21, 2003 Page 10 PASSAGE OF THE "SOLID WASTE RATE ORDINANCE"; PROVIDING A SAV1NGS CLAUSE; 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. 4. The Council considered adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance Numbers 2002-270 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton solid waste service; amending the manual residential rate charge; amending the containerized collection service charge; amending the charges for minimum billing/base rate service upon condition and application; amending the charge for manufactured appliances that contain pcb's or cfc's with no certified removal documentation of pcb's or cfc's (Schedule SWR); amending the residential curbside recycling and processing service charge (Schedule SWRR); amending the monthly rates for commercial & institutional solid waste collection services; increasing service charges for commercial front-load and side-load containers; amending the charges for container extra service; adding an additional cart rate for two carts; adding a nominal charge to provide semi-automated commercial cart service where fully automated collection service cannot be provided; amending the charges for temporary front load container service; amending the charge for roll-off open top service; amending the hourly rate for combined truck and manpower usage; providing for increased charges for disposal weight of refuse equal to or greater than 700 pounds per cubic yard - overweight loads; providing for increased charges for disposal weights of refuse equal to or greater than 1,000 pounds per cubic yard, plus an additional overweight penalty of $300.00 per container load; amending the roll-off compactor container service charges; amending the six cubic yard compactor charges; adding multi-family bulky item collection service and charges; amending the shared commercial container charges; adding a charge to provide shared container service; amending the container delivery fee; amending the relocation charge for each roll-off container; amending the notification time (11:00 a.m.) for on- demand customer service; amending the inaccessible container charge for containers that present accessibility problems and/or additional services and/or time; adding a difficult container access fee charge for roll-off containers and for all other containers; amending the on-site waiting time charged to customers whose containers are inaccessible; amending the installation or removal of locks on container charges; amending the quantity of commercial bulky items collected on first Thursday collection; amending the service fee for demand response bulky item collection service; amending the requirements for free delivery of bulky items to the landfill; amending the charges for service regarding overflowing and excess waste collections plus an applicable charge for waste outside of the container which is collected, containerized, and serviced by solid waste personnel (Schedule SWC); adding the commercial recycling services schedule with application, qualification, monthly rate, minimum billing, acceptable recycling materials, non-acceptable materials, right of load refusal, and other charges (Schedule SWCR); adding the solid waste collection and transportation services permit schedule, with application, granting of permit, exclusions, fees, term and renewal, and revocation City of Denton City Council Minutes October 21, 2003 Page 11 or non-renewal of permits (Schedule SWP); amending the municipal solid waste disposal rates; providing for retail disposal rates; adding wholesale disposal rates; adding a landfill charge based upon the gross volume capacity of the vehicle, container or trailer if the scales are inoperative or accurate weights cannot be determined; amending the minimum landfill charge; amending the landscape yard waste charge; amending the landfill bulky items charge; amending the inert materials charge; amending the unsecured loads charge (Schedule SWF); providing for additional reasons for the director of solid waste of the City of Denton to deny the use of the landfill to certain customers committing certain acts or violations; providing for a repealer; providing for a severability clause; and providing an effective date. The following individuals submitted Speaker Cards: Michael Phillips, 6605 Alderbrook, Denton, 76210 - opposed to the proposed ordinance Alice Gore, 2215 Westwood, Denton, 76205 - opposed to the proposed ordinance Don White, Sr., 2105 Savannah Trail, Denton, 76205 - opposed to proposed ordinance Jane Fulton, 729 Greenwood, Denton, 76209 - opposed to proposed ordinance Discussion by Council on the proposed ordinance included: The proposal was part of the 50 year plan for solid waste The proposal would help in the future for construction of a new landfill The proposal would only establish rates-not take in outside solid waste There were no current contracts with outside entities and none foreseen for the future There were policy questions that the Council had to answer and were not for the PUB to answer. There was never a contract presented to Council for outside waste Instructions to staff were to look at alternatives in order to plan ahead for future years Recycling was not the sole solution to saving the landfill; it helped but was not the sole solution Not all options had been explored; not all information had been given to Council, the PUB and citizens Consider remanding the proposed ordinance back to the PUB for a recommendation before the Council voted on the proposal. Information was supplied to Council during the budget workshop - not all of the Council attended those meetings. Consideration of outside waste from other entities was in the ordinance for the last two years The following ordinance was considered: NO. 2003-351 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 2002-270 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, City of Demon City Council Minutes October 21, 2003 Page 12 26-8(A), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE; AMENDING THE MANUAL RESIDENTIAL RATE CHARGE; AMENDING THE CONTAINERIZED COLLECTION SERVICE CHARGE; AMENDING THE CHARGES FOR MINIMUM BILLiNG/BASE RATE SERVICE UPON CONDITION AND APPLICATION; AMENDING THE CHARGE FOR MANUFACTURED APPLIANCES THAT CONTAIN PCB'S OR CFC'S WITH NO CERTIFIED REMOVAL DOCUMENTATION OF PCB'S OR CFC'S (SCHEDULE SWR); AMENDING THE RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING SERVICE CHARGE (SCHEDULE SWRR); AMENDING THE MONTHLY RATES FOR COMMERCIAL & INSTITUTIONAL SOLID WASTE COLLECTION SERVICES; INCREASING SERVICE CHARGES FOR COMMERCIAL FRONT-LOAD AND SIDE-LOAD CONTAINERS; AMENDING THE CHARGES FOR CONTAINER EXTRA SERVICE; ADDING AN ADDITIONAL CART RATE FOR TWO CARTS; ADDING A NOMINAL CHARGE TO PROVIDE SEMI-AUTOMATED COMMERCIAL CART SERVICE WHERE FULLY AUTOMATED COLLECTION SERVICE CANNOT BE PROVIDED; AMENDING THE CHARGES FOR TEMPORARY FRONT LOAD CONTAINER SERVICE; AMENDING THE CHARGE FOR ROLL-OFF OPEN TOP SERVICE; AMENDING THE HOURLY RATE FOR COMBINED TRUCK AND MANPOWER USAGE; PROVIDING FOR INCREASED CHARGES FOR DISPOSAL WEIGHT OF REFUSE EQUAL TO OR GREATER THAN 700 POUNDS PER CUBIC YARD - OVERWEIGHT LOADS; PROVIDING FOR INCREASED CHARGES FOR DISPOSAL WEIGHTS OF REFUSE EQUAL TO OR GREATER THAN 1,000 POUNDS PER CUBIC YARD, PLUS AN ADDITIONAL OVERWEIGHT PENALTY OF $300.00 PER CONTAINER LOAD; AMENDING THE ROLL-OFF COMPACTOR CONTAINER SERVICE CHARGES; AMENDING THE SIX CUBIC YARD COMPACTOR CHARGES; ADDING MULTI-FAMILY BULKY ITEM COLLECTION SERVICE AND CHARGES; AMENDING THE SHARED COMMERCIAL CONTAINER CHARGES; ADDING A CHARGE TO PROVIDE SHARED CONTAINER SERVICE; AMENDING THE CONTAINER DELIVERY FEE; AMENDING THE RELOCATION CHARGE FOR EACH ROLL-OFF CONTAINER; AMENDING THE NOTIFICATION TIME (11:00 A.M.) FOR ON-DEMAND CUSTOMER SERVICE; AMENDING THE INACCESSIBLE CONTAINER CHARGE FOR CONTAINERS THAT PRESENT ACCESSIBILITY PROBLEMS AND/OR ADDITIONAL SERVICES AND/OR TIME; ADDING A DIFFICULT CONTAINER ACCESS FEE CHARGE FOR ROLL-OFF CONTAINERS AND FOR ALL OTHER CONTAINERS; AMENDING THE ON-SITE WAITING TIME CHARGED TO CUSTOMERS WHOSE CONTAINERS ARE INACCESSIBLE; AMENDING THE INSTALLATION OR REMOVAL OF LOCKS ON CONTAINER CHARGES; AMENDING THE QUANTITY OF COMMERCIAL BULKY ITEMS COLLECTED ON FIRST THURSDAY COLLECTION; AMENDING THE SERVICE FEE FOR DEMAND RESPONSE BULKY ITEM COLLECTION SERVICE; AMENDING THE REQUIREMENTS FOR FREE DELIVERY OF BULKY ITEMS TO THE LANDFILL; AMENDING THE City of Denton City Council Minutes October 21, 2003 Page 13 CHARGES FOR SERVICE REGARDING OVERFLOWING AND EXCESS WASTE COLLECTIONS PLUS AN APPLICABLE CHARGE FOR WASTE OUTSIDE OF THE CONTAINER WHICH IS COLLECTED, CONTAINERIZED, AND SERVICED BY SOLID WASTE PERSONNEL (SCHEDULE SWC); ADDING THE COMMERCIAL RECYCLING SERVICES SCHEDULE WITH APPLICATION, QUALIFICATION, MONTHLY RATE, MINIMUM BILLING, ACCEPTABLE RECYCLING MATERIALS, NON- ACCEPTABLE MATERIALS, RIGHT OF LOAD REFUSAL, AND OTHER CHARGES (SCHEDULE SWCR); ADDING THE SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT SCHEDULE, WITH APPLICATION, GRANTING OF PERMIT, EXCLUSIONS, FEES, TERM AND RENEWAL, AND REVOCATION OR NON-RENEWAL OF PERMITS (SCHEDULE SWP); AMENDING THE MUNICIPAL SOLID WASTE DISPOSAL RATES; PROVIDING FOR RETAIL DISPOSAL RATES; ADDING WHOLESALE DISPOSAL RATES; ADDING A LANDFILL CHARGE BASED UPON THE GROSS VOLUME CAPACITY OF THE VEHICLE, CONTAINER OR TRAILER IF THE SCALES ARE INOPERATIVE OR ACCURATE WEIGHTS CANNOT BE DETERMINED; AMENDING THE MINIMUM LANDFILL CHARGE; AMENDING THE LANDSCAPE YARD WASTE CHARGE; AMENDING THE LANDFILL BULKY ITEMS CHARGE; AMENDING THE iNERT MATERIALS CHARGE; AMENDING THE UNSECURED LOADS CHARGE (SCHEDULE SWF); PROVIDING FOR ADDITIONAL REASONS FOR THE DIRECTOR OF SOLID WASTE OF THE CITY OF DENTON TO DENY THE USE OF THE LANDFILL TO CERTAIN CUSTOMERS COMMITTING CERTAIN ACTS OR VIOLATIONS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance as presented with the exception of Pages 16-18 to be withheld and brought back to council for additional discussion. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "nay", Thomson "aye" and Mayor Brock "aye". Motion carried with a 6-1 vote. E. New Business The following items of New Business were suggested by Council Members for future agendas: Mayor Pro Tem Burroughs requested additional information on the Heffer water well issue. Mayor Pro Tem Burroughs requested information relative to noise complaints filed by Nell Yeldell regarding the concrete plant and follow phone calls. Council Member McNeill requested information regarding the Heffer water well and phone calls not being returned. Council Member Redmon suggested improvements to the customer service phone system. City of Denton City Council Minutes October 21, 2003 Page 14 Council Member Redmon requested improvements to arrival time arrangements with customers for service. F. Items from the City Manager City Manager Conduff did not have any items for Council. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. The following action was taken on the Closed Meeting item: Burroughs motioned, Kamp seconded to authorize the City Manager to execute a settlement agreement with Ken Gold as outlined in Closed Session. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further action the meeting was adjourned at 9:05 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS