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