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Minutes December 7, 2004 CITY OF DENTON CITY COUNCIL MINUTES December 7, 2004 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work: Session on Tuesday, December 7, 2004 at 4:00 p.m. in the Council Work: Session Room. PRESENT: Mayor Brock:, Mayor Pro Tem McNeill, Council Members Kamp, Montgomery, Mulroy, Redmon, Thomson AB SENT: None 1. The Council received a report, held a discussion and gave staff direction concerning environmental issues related to the recent revisions of Subchapter 22 of the Denton Development Code (related to Gas Well Drilling and Production). Dr. Kenny Bank:s, Water Resources Program Manager, updated the Council on the implementation phase of the environmental components of the amendments to Subchapter 22 of the Development Code. He stated that staff recommended continuing the environmental compliance measures under the existing provisions of Subchapter 22 with updates when drilling operations commence in the flood fringes of Denton's floodplains. Mayor Brock: suggested monitoring compliance very closely and submit a report within 2-3 months to the Environmental Committee to review and then bring to council. 2. The Council received a report, held a discussion and gave staff direction concerning existing road damage repair agreements for natural gas development activities and possible alternative methods for assessing road use fees. Jim Coulter, Director of Water Utilities, stated that staff had reviewed the road damage assessment study. He stated that there were several options and staff was recommending revising the existing Gas Well Drilling and Development Ordinance to require a road damage assessment fee based upon a calculation methodology using the C&P Engineering Study. The Council agreed to this option. 3. The Council received a report, held a discussion and gave staff direction regarding the impact of gas well development on nearby (adjacent) residential properties. Larry Reichhart, Assistant Director of Planning & Development, stated that residents had expressed concerns regarding noise, visual impact of the well site (debris, trash, and mud pits), and traffic. Reichhart stated that existing regulations provided that wellheads could not be within 500 feet of residential buildings. Reichhart suggested the following alternatives to existing regulations: Increase the 500 foot distance requirement for a SUP; not allow wellheads within X' of a residential property line; require a SUP if a wellhead was within X' of a residential property; improve decibel levels performance near residential properties; require access to a site from a State Road or approved Truck: Route if adjacent to the site; increase the number of inspections per site. City of Denton City Council Minutes December 7, 2004 Page 2 Council Member Mulroy requested that a report on state vs. local rights go to the Environmental Committee for review. 4. The Council received a report, held a discussion and considered approval of enhancements to the current City of Denton Utility Bill. The following changes were suggested: Change the graph on the utility bill to show 13 months instead of 12 months. Add detailed instructions on the bottom of the bill on how to access account information on the website either in blue or bold text. Council Member Thomson requested information on putting a note on the bill for cart customers regarding receipt of clear garbage bags. 5. The Council held a discussion and gave staff direction regarding the 2005 Council meeting schedule. The Council suggested the following changes for the meeting schedule: Move February 15 meeting to February 22. Reserve first Mondays for luncheon work: sessions. Agenda Committee schedule a mini retreat for January to review summer retreat activities. Add these topics to the matrix: Annexation Policy (Corbin Road), Street Reports on Denia Neighborhoods and Austin Street. Add these items to Budget Discussion: Insurance Coverage, Work:ers' Comp Policy. Requested Budget Discussion be moved to January. Requested Animal Services Procedures be moved to an earlier date. Requested day labor situation be reviewed by Legal and an opinion rendered before presenting to Council. Requested a review of the report from the Denton Housing Coalition when reviewing our policy on infill. 6. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for December 7,2004. Regular Meeting of the City of Denton City Council on Tuesday, December 7,2004 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE A. B. U.S. Flag Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMA TIONS/PRESENT A TIONS A. Proclamations/Awards The Mayor presented a proclamation honoring Stephen Carroll. City of Denton City Council Minutes December 7, 2004 Page 3 The Mayor presented a proclamation for Police Appreciation Day to Jim Poirot with the Citizen's Police Academy and Chief Charles Wiley. Beth Fleming, Purchasing Agent for Denton County and President of the National Purchasing Institute presented the Achievement in Excellence in Procurement Award for 2004 to Tom Shaw, Purchasing Agent for the City of Denton. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CONSENT AGENDA Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances with a correction to the minutes of November 8 on Item 1 (Council requested that the business pro forma be brought back: for review by Council prior to inserting it into the bioreactor portion of the landfill engineering project). On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. A. Approved the minutes of November 2, November 8, November 9, November 16, November 17, and November 18,2004. B. 2004-368 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with ETTL Engineers and Consultants, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill (MSW Permit No. 1509A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date. C. 2004-369 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to pay the City's annual consolidated water quality fees for FY 2005 to the Texas Commission on Environmental Quality; authorizing the expenditure of funds therefor; providing an effective date. D. 2004-370 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of distribution padmounted switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 3247 - Annual Contract for Manual PME 9,10,11 Padmounted Switchgear awarded to Priester Supply Co. in the estimated amount of $184,465). E. 2004-371 - An ordinance authorizing the City Manager or his designee to execute Change Order Two to the contract between the City of Denton and Circle C Construction Company, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3107 - Hick:ory Creek: Basin Sewer Replacements and Liners Change Order Two in the amount of $202,750). City of Denton City Council Minutes December 7, 2004 Page 4 F. 2004-372 - An ordinance awarding a contract for the purchase of network: structured connectivity wiring for the Civic Center and Emily Fowler Library Renovation projects 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 3276 - Purchase of Network: Wiring for Civic Center and Emily Fowler Library Renovation Project awarded to Devolve Corporation in an amount not to exceed $31,796.33). G. 2004-373 - An ordinance awarding a contract for the purchase of Cisco network: equipment for the Civic Center and Emily Fowler Library renovation projects as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR); providing for the expenditure of funds therefor; and providing an effective date (File 3275 - Purchase of Cisco Network: Equipment for the Civic Center and Emily Fowler Library awarded to InterNetwork: Experts in the amount of $61,122). H. 2004-374 - An ordinance approving the expenditure of funds for the purchase of shelving for the Emily Fowler Library renovation project 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 3267 - Shelving for Emily Fowler Library awarded to Libra-Tech Corporation in the amount of $119,461.53). I. 2004-375 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H -GAC) for the acquisition of recycling carts for the Solid Waste Division by way of an Interlocal Agreement with the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (File 3269 - Purchase of Recycling Carts awarded to Otto Industries, Inc. in the amount of $70,951.70). J. 2004- 376 - An ordinance accepting sealed proposals and awarding a contract for Excess Liability and Work:ers Compensation Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFSP 3256 - Excess Liability and Work:ers' Compensation Insurance awarded to State National Insurance Company in the amount of$182,580). K. 2004-377 - An ordinance approving the expenditure of funds for the purchase of an ISCO Model 6712 Portable Water Sampler for the Denton Water/Wastewater Department 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 3270 - Purchase of Automatic Water Sampler awarded to Teledyne Isco Inc. in the amount of $36,990). L. 2004-378 - An ordinance in accordance with the provisions of State law exempting such purchases from the requirements of competitive bidding awarding a contract for purchase of a Caterpillar Model 826 landfill compactor from the City of Denton City Council Minutes December 7, 2004 Page 5 N. 4. City of Brownwood; providing for the expenditure of funds therefor; and providing for an effective date (File 3268 - Purchase of Landfill Compactor awarded to the City of Brownwood, Texas in the amount of $125,000). M. 2004-379 - An ordinance approving an assignment of leasehold interest in an airport lease from Dalton Family Partnership, L TD to Aero Properties of Denton, LLC; and providing an effective date. (The Airport Advisory Board recommended approval.) 2004-380 - An ordinance approving a Fixed Base Operator airport lease agreement between the City of Denton and BAM Denton Management Ventures; and providing an effective date. (The Airport Advisory Board recommended approval. ) O. 2004- 381 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and Beacon Air Service LLC; and providing an effective date. (The Airport Advisory Board recommended approval. ) P. Approved tax refunds for the following property taxes: Name Tax Year 2003 $ 640.80 Reason Amount 1. Washington Mutual/John C Richardson Overpayment Q. Approved enhancements to the current City of Denton Utility Bill. PUBLI C HEARINGS A. The Council held a public hearing and considered approval of an ordinance of the City of Denton, Texas, denying in part CoServ Gas, Ltd.' s request to change rates in Denton, Texas, establishing maximum permitted rates and charges that CoServ Gas, Ltd. may assess residential, commercial and industrial customers in the City of Denton; requiring the filing of revised tariffs; adopting declarations and findings related to rates and charges assessed to residential, commercial and industrial customers in the City of Denton; providing for prompt recovery of rate case expenses incurred by the City; finding that the meeting at which this Ordinance is passed is open to the public as required by law; providing for notice of this Ordinance to CoServ Gas, Ltd; providing a severability clause; and providing an effective date. City Attorney Herb Prouty advised the Council that the time limit for the suspension was extended for another 30 days and advised the Council to open the public hearing and continue the public hearing to the January 4, 2005 meeting. The Mayor opened the public hearing. Mulroy motioned, Kamp seconded to continue the public hearing to the January 4, 2005 meeting. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. City of Denton City Council Minutes December 7, 2004 Page 6 B. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 6.7 acres from Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential 4 (NR -4) zoning district with an overlay district. The property was generally located on the southwest corner of Willowwood Street and McCormick: Street. (The Planning and Zoning Commission recommended approval 7-0). (204-0039, Taylor Park of the Nazarene) Kelly Carpenter, Director of Planning and Development, stated the applicant had requested a change of zoning from NR-2 to NR-4 with an overlay to allow only churches on the property. Under the current zoning district, the maximum lot coverage was thirty percent, which included park:ing, structures, and walk:ways. If rezoned to NR-4, the maximum lot coverage would be increased to sixty percent. Staff had received six written responses from property owners within 200 feet of the subject site. Three were in opposition, and four were in favor. The main concern for the neighboring property owners was the increase in traffic. The Mayor opened the public hearing. The following individuals spok:e during the public hearing. Mark: Ramsay, 825 Sandpiper, Pastor of Taylor Park: Church of the Nazarene, in support The following individuals registered support for the zoning change but did not speak:. Stephen Dudash, 3202 Clydesdale Drive, support Linda Adcock:, 5881 Stone Creek: Drive, Sanger, support Edwards Adcock:, 5881 Stone Creek: Drive, Sanger, support Ed Chamberlain, 1804 Boyd, support Emit Dinwiddie, 1025 Alice, support David Brown, 2216 Woodbrook:, support Dan Smith, 151 7 Willowwood, support Bruce Chamberlain, 1520 Willowwood, support Marjorie Chamberlain, 1520 Willowwood, support Carolyn Brown, 1508 Kendolph, support The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-382 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORA ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBOROOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 6.7 ACRES OF LAND LOCATED GENERALLY ON THE SOUTHWEST CORNER OF WILLOWWOOD SPREET AND MCCORMICK STREET IN THE CITY OF DENTON, DENTON City of Denton City Council Minutes December 7, 2004 Page 7 COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THAN WOULD BE NORMALLY PERMITTED IN THE NR-4 DISTRICT, RESTRICTING PERMITTED USES TO CHURCHES ONLY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND EFFECTIVE DATE. (Z04-0039) McNeill motioned, Redmon seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding rezoning of approximately 38 acres of land from Neighborhood Residential 4 (NR -4), and Neighborhood Residential 6 (NR -6) zoning districts to Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property was generally located south of Ryan Road at Montecito Drive. (The Planning and Zoning recommended approval with conditions 7-0). (204-0042, Lake Forest Good Samaritan Village Twin Homes) Kelly Carpenter, Director of Planning and Development, stated that the intent of the overlay was to restrict the uses allowed to elderly housing only and restrict the number of units allowed to 444. The proposed zoning change would permit the expansion of existing senior housing. Staff had not received any written responses from property owners within 200 feet of the subj ect site. The Mayor opened the public hearing. No one spok:e during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-383 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORA ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, FOR APPROXIMATELY 38 ACRES OF LAND LOCATED GENERALLY SOUTH OF RYAN ROAD AT MONTECITO DRIVE AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF LAKE FOREST GOOD SAMARITAN VILLAGE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THAN WOULD BE NORMALLY PERMITTED IN THE NR- 4 DISTRICT, INCLUDING THE RESTRICTION OF PERMITTED USES TO ELDERLY HOUSING ONLY, AND THE RESTRICTION OF THE NUMBER OF PERMITTED UNITS TO 444; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0042) City of Denton City Council Minutes December 7, 2004 Page 8 Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. D. 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 the University of North Texas with the City of Denton. John Cabrales, Public Information Officer, stated that Charter Communications had notified the City that UNT had a bid out for a fiber optic network: and satellite television service. Staff had researched the matter and found that if the fiber optics system was used for satellite television service and any part of the system was in city right-of-ways, UNT would have to apply for a cable television franchise. Staff had received an application for a cable television franchise from UNT for dormitories and other university buildings. Cabrales stated that Charter Communications and Grande Communications were the only cable television franchisees in Denton. The Mayor opened the public hearing. The following individual spok:e during the public hearing. Sharon Wilson, Vice President of Operations for Charter Communications, ask:ed that UNT adhere to the same requirements as other cable providers. The Mayor closed the public hearing. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton General Obligation Refunding Bonds, Series 2004, approving and authorizing instruments and procedures relating thereto; and providing an effective date. Diana Ortiz, Director of Fiscal Operations, stated that these bonds would be used to refund a portion of the City's outstanding General Obligation Bonds and Certificates of Obligation Bonds to lower the debt service requirements associated with the debt and pay the cost of issuance of the bonds. Dave Medanidch with First Southwest Company stated that the bonds had received an Aa3 rating. He stated that the refunding would save the City $632,398.77 over the life of the bonds the interest rate would be 3.908%. Jeffery Rishel with McCall, Parlrnurst and Horton presented the Mayor and Council the revised ordinance. Council Member Mulroy expressed concern that this information was presented at the last minute and not included in the agenda back:up the Council received on Friday. City of Denton City Council Minutes December 7, 2004 Page 9 Ortiz stated that the final numbers for the transaction were not available until Tuesday morning. The following ordinance was considered: NO. 2004-384 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the formation of a Division of Environmental Quality within the Water Utilities Department; pledging that this newly-formed division will serve as the main contact, coordinator, and source of information concerning Denton's environmental resources; assuring that the resources of the Division of Environmental Quality will be directed towards activities that enhance the City of Denton's responsibility as a steward of the natural environment; and directing this division to ensure regulatory compliance and conduct related activities that will provide greater environmental benefits to Denton residents and businesses; authorizing the expenditure of funds therefor; and providing an effective date. (The Environmental Committee recommended approval.) (The Public Utilities Board recommended approval.) Dr. Kenneth Bank:s, Water Resource Program Manager, stated that the Environmental Committee had directed staff to examine ways to effectively address Denton's environmental management needs. The best option would be the creation of a Division of Environmental Quality within the Water Utilities Department. This Division would serve as the main point of contact, coordinator, and mechanism for information exchange concerning issues related to Denton's environmental resources. Bank:s stated that there would be a reorganization of current positions and no additional personnel was proposed. Bank:s stated there would be grant funding available for any equipment needs. The following ordinance was considered: NO. 2004-385 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE FORMATION OF A DIVISION OF ENVIRONMENTAL QUALITY WITHIN THE WATER UTILITIES DEPARTMENT; PLEDGING THAT THIS NEWLY- FORMED DIVISION WILL SERVE AS THE MAIN CONTACT, COORDINATOR, AND SOURCE OF INFORMATION CONCERNING DENTON'S ENVIRONMENTAL RESOURCES; ASSURING THAT THE City of Denton City Council Minutes December 7, 2004 Page 10 RESOURCES OF THE DIVISION OF ENVIRONMENTAL QUALITY WILL BE DIRECTED TOWARDS ACTIVITIES THAT ENHANCE THE CITY OF DENTON'S RESPONSIBILITY AS A STEWARD OF THE NA TURAL ENVIRONMENT; AND DIRECTING THIS DIVISION TO ENSURE REGULATORY COMPLIANCE AND CONDUCT RELATED ACTIVITIES THAT WILL PROVIDE GREATER ENVIRONMENTAL BENEFITS TO DENTON RESIDENTS AND BUSINESSES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates contained in Ordinance No. 2003-262 for Electric Service; adding the provisions of the Residential Service Rate Schedule (Schedule RES); adding the provisions of the Residential Renewable Service Rate Schedule (Schedule RG); amending the General Service Small Rate (Schedule GSS); adding the provisions of the General Service Medium Rate Schedule (Schedule GSM); amending the General Service Large Rate (Schedule GSL); amending the General Service Time of Use Rate (Schedule TGS); amending the provisions of the Local Government Rate (Schedule G 1); amending the provisions of the Week:end Rate (Schedule WK); amending the provisions of the Athletic Field Rate (Schedule AF); amending the provisions of the Street Lighting Rate (Schedule LS); amending the provisions of the Traffic Lighting Rate (Schedule L T); amending the Other Lighting Rate (Schedule LO); changing the name of the Dusk:-to-Dawn Lighting Rate to Security Lighting Rate and amending the provisions of the Security Lighting Rate (Schedule DD); amending the provisions of the Temporary Service Schedule (Schedule TL); deleting the reference to availability of the Industrial Development Rider by General Service Small Customers (Schedule IDR); rewording the provisions of the Energy Cost Adjustment Schedule to facilitate the meaning (schedule ECA); rewording the provisions of the special facilities rider to clarify its meaning; amending the provisions of the Discount Rider for State Universities and Colleges to update and clarify the rider; adding the Distributed Generation from Renewable Sources Rider (Schedule DGR); deleting the provisions of the following schedules: Residential Service (Schedule Rl); Residential Service (Schedule R2); Residential Time of Use (Schedule TR); Decorative Ground Lighting (Schedule DGL); Interruptible Primary Service (Schedule PI); Standby, Supplementary and Maintenance Service (Schedule ES); and Premium-Efficiency Motor Rebate (Schedule MTR); authorizing the Assistant City Manager for Utilities to expend funds to issue rebates to electric customers who are entitled to rebates in accordance with the terms and provisions of schedule EP; providing for a repealer; providing for a severability clause; and providing for an effective date. (The Public Utilities Board recommended approval.) Sharon Mays, Director of Electric Utilities, stated that Denton Municipal Electric's base rates had not been adjusted since October 1993. DME' s base rates cover the cost of construction, maintenance, and operation of the wires and equipment that delivers energy to customers, meter reading and billing, DME debt service, and Denton's TMP A debt responsibilities. Only 2.75 additional employees have been added since 1995 even though there has been a 39% increase in growth within the city of Denton. City of Denton City Council Minutes December 7, 2004 Page 11 Mays stated that effective January 1, 2005, base rates would increase for Residential, General Service Small and General Service Large. Effective October 1,2005, base rates would increase for Government, Temporary Service, Week:end, Athletic Fields, and Lighting. Major changes included consolidation of Residential Rate Schedule R -1 and Rate Schedule R - 2, elimination of the exclusion of demand charge for the first 20 k: W for all customers in General Service Small and split the class into Small General Service - Less than 20 k:W and Medium General Service - 20 k:W to 225 k:W. Under the General Service Large Rate Schedule - replaced the single energy rate with a two-block: declining rate 0-200,000 k:Wh and greater than 200,000 k:Wh. Mays stated they were requesting a 3.5% increase in the rates. The proposed residential rates would increase a residential bill a little over $4.00 per month. Changes also included elimination of unused and/or out of date rate schedules. Mays stated a Distributed Generation from Renewable Sources Rate Rider Schedule was added. The current fee for disconnection/reconnection due to nonpayment during regular business hours was $22.00 and after business hours was $55.00. The following individuals spok:e regarding the item. Dessie Goodson, 1511 N. Elm Apt 8, stated that the rates were already too high The following ordinance was considered: NO. 2004-386 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2003-262 FOR ELECTRIC SERVICE; ADDING THE PROVISIONS OF THE RESIDENTIAL SERVICE RATE SCHEDULE (SCHEDULE RES); ADDING THE PROVISIONS OF THE RESIDENTIAL RENEWABLE SERVICE RATE SCHEDULE (SCHEDULE RG); AMENDING THE GENERAL SERVICE SMALL RATE (SCHEDULE GSS); ADDING THE PROVISIONS OF THE GENERAL SERVICE MEDIUM RATE SCHEDULE (SCHEDULE GSM); AMENDING THE GENERAL SERVICE LARGE RATE (SCHEDULE GSL); AMENDING THE GENERAL SERVICE TIME OF USE RATE (SCHEDULE TGS); AMENDING THE PROVISIONS OF THE LOCAL GOVERNMENT RATE (SCHEDULE Gl); AMENDING THE PROVISIONS OF THE WEEKEND RATE (SCHEDULE WK); AMENDING THE PROVISIONS OF THE ATHLETIC FIELD RATE (SCHEDULE AF); AMENDING THE PROVISIONS OF THE STREET LIGHTING RATE (SCHEDULE LS); AMENDING THE PROVISIONS OF THE TRAFFIC LIGHTING RATE (SCHEDULE L T); AMENDING THE OTHER LIGHTING RATE (SCHEDULE LO); CHANGING THE NAME OF THE DUSK-TO-DAWN LIGHTING RATE TO SECURITY LIGHTING RATE AND AMENDING THE PROVISIONS OF THE SECURITY LIGHTING RATE (SCHEDULE DD); AMENDING THE PROVISIONS OF THE TEMPORARY SERVICE SCHEDULE (SCHEDULE TL); DELETING THE REFERENCE TO AVAILABILITY OF THE INDUSTRIAL DEVELOPMENT RIDER BY GENERAL SERVICE SMALL City of Denton City Council Minutes December 7, 2004 Page 12 CUSTOMERS (SCHEDULE IDR); REWORDING THE PROVISIONS OF THE ENERGY COST ADJUSTMENT SCHEDULE TO F ACILIT A TE THE MEANING (SCHEDULE ECA); REWORDING THE PROVISIONS OF THE SPECIAL FACILITIES RIDER TO CLARIFY ITS MEANING; AMENDING THE PROVISIONS OF THE DISCOUNT RIDER FOR STATE UNIVERSITIES AND COLLEGES TO UPDATE AND CLARIFY THE RIDER; ADDING THE DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (SCHEDULE DGR); DELETING THE PROVISIONS OF THE FOLLOWING SCHEDULES: RESIDENTIAL SERVICE (SCHEDULE Rl); RESIDENTIAL SERVICE (SCHEDULE R2); RESIDENTIAL TIME OF USE (SCHEDULE TR); DECORATIVE GROUND LIGHTING (SCHEDULE DGL); INTERRUPTIBLE PRIMARY SERVICE (SCHEDULE PI); STANDBY, SUPPLEMENTARY AND MAINTENANCE SERVICE (SCHEDULE ES); AND PREMIUM-EFFICIENCY MOTOR REBATE (SCHEDULE MTR); AUTHORIZING THE ASSISTANT CITY MANAGER FOR UTILITIES TO EXPEND FUNDS TO ISSUE REBATES TO ELECTRIC CUSTOMERS WHO ARE ENTITLED TO REBATES IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SCHEDULE EP; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "nay", Thomson "aye" and Mayor Brock: "aye". Motion carried 6-1. D. The Council considered adoption of an ordinance of the City of Denton, Texas providing for the amendment of the Schedule of Miscellaneous Fees, Service Charges, Deposits, Billings and Procedures for Administrative Services to city customers and taxpayers contained in Ordinance No. 2004-259; providing for an increase in the delinquent service charge (when service is disconnected at the meter sock:et); providing for an increase in the reconnect charge after business hours (when service is disconnected at the meter sock:et); providing for a new return trip charge to reconnect service during business hours; providing for a new return trip charge after business hours to reconnect service; providing for a repealer; providing for a severability clause; and providing for an effective date. (The Public Utilities Board recommended approval.) The following ordinance was considered: NO. 2004-387 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AMENDMENT OF THE SCHEDULE OF MISCELLANEOUS FEES, SERVICE CHARGES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 2004-259; PROVIDING FOR AN INCREASE IN THE DELINQUENT SERVICE CHARGE (WHEN SERVICE IS DISCONNECTED AT THE METER SOCKET); PROVIDING FOR AN INCREASE IN THE RECONNECT CHARGE AFTER BUSINESS HOURS City of Denton City Council Minutes December 7, 2004 Page 13 (WHEN SERVICE IS DISCONNECTED AT THE METER SOCKET); PROVIDING FOR A NEW RETURN TRIP CHARGE TO RECONNECT SERVICE DURING BUSINESS HOURS; PROVIDING FOR A NEW RETURN TRIP CHARGE AFTER BUSINESS HOURS TO RECONNECT SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "nay", Thomson "aye" and Mayor Brock: "aye". Motion carried 6-1. E. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, on first reading, authorizing the City Manager or his designee to execute a one-year extension to the Interim Grant of Authority with Grande Communications Network:s, Inc., formerly Denton Telecom Partners I, L.P. d/b/a Advantex Communications; and providing an effective date. John Cabrales, Public Information Officer, stated that the one-year extension of the Interim Grant of Authority would allow staff time to visit with Robson Ranch residents to determine if any cable issues needed to be addressed with Grande Communications during renewal negotiations of the franchise. The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ON FIRST READING, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR EXTENSION TO THE INTERIM GRANT OF AUTHORITY WITH GRANDE COMMUNICATIONS NETWORKS, INC., FORMERLY DENTON TELECOM PARTNERS I, L.P. D/B/A ADV ANTEX COMMUNICA TIONS; AND PROVIDING AN EFFECTIVE DATE Montgomery motioned, Mulroy seconded to adopt the ordinance on first reading. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of two Bomb Technician Response Vehicles for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3248 - Bomb Technician Response Vehicle awarded to Sam Pack:' s Five Star Ford in the amount of $81,051.06). Rick: Jones, Fire Marshal, stated that the two vehicles would be use to transport the bomb technician and equipment to emergency incidents. This would be funded from the 2004 State Homeland Security Grant Program. City of Denton City Council Minutes December 7, 2004 Page 14 The following ordinance was considered: NO. 2004-388 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF TWO BOMB TECHNICIAN RESPONSE VEHICLES FOR THE CITY OF DENTON FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3248 - BOMB TECHNICIAN RESPONSE VEHICLE AWARDED TO SAM PACK'S FIVE STAR FORD IN THE AMOUNT OF $81,051.06). Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance of the City of Denton, Texas, amending the Code of Ordinances of the City of Denton, by amending Chapter 18 to add Article IX Automated Traffic Signal Enforcement; providing a repealing clause; providing a severability clause; providing for the imposition of civil penalties from a minimum of $75 to a maximum of $150 for third and subsequent offenses; and providing an effective date. Scott Fletcher, Lieutenant in the Denton Police Department, stated that this ordinance would establish the use of automated red light cameras for enforcement. Then the City could begin the process of evaluating prospective vendors of automated red light camera systems. The following ordinance was considered: NO. 2004-389 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY AMENDING CHAPTER 18 TO ADD ARTICLE IX AUTOMATED TRAFFIC SIGNAL ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL PENALTIES FROM A MINIMUM OF $75 TO A MAXIMUM OF $150 FOR THIRD AND SUBSEQUENT OFFENSES; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. H. Consider nominations/appointments to the City's Boards and Commissions. Thomson motioned, Mulroy seconded to approve the prior nomination of Ann Barnett to the Traffic Safety Commission. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", City of Denton City Council Minutes December 7, 2004 Page 15 Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". unanimously. Motion carried Council Member Kamp nominated Charlye Heggins to the Community Development Advisory Committee. I. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Peternia Washington regarding the Campus Theater and free utility . serVIce. Ms. Washington, 618 E Prairie, expressed concerns with the Campus Theater utilities. B. Ed Soph regarding community concerns. Ms. Soph, 1620 Victoria Drive, praised the Council for approving the ordinance for the Environmental Quality Division. He expressed concerns about environmental issues in particular Acme Brick: and Safety Kleen. C. Suzanne Gauvreau regarding toxic waste and health. Ed Soph read a statement from Ms. Gauvreau. She expressed concerns about the increasing risk: of breast cancer and possible link:s with hazardous and toxic wastes. J. New Business Council Member McNeill ask:ed that staff review the proposal by the Denton Housing Coalition on whether those items were feasible or possible. Council Member Mulroy expressed concern that information was presented at the last minute and ask:ed if there was a better way for information to be handed to the Council during a meeting. K. 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. L. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no Closed Session at this meeting. M. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. City of Denton City Council Minutes December 7, 2004 Page 16 With no further business, the meeting was adjourned at 8:50 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RI CHARD SON ASST. CITY SECRETARY CITY OF DENTON, TEXAS