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Minutes December 13, 2005 CITY OF DENTON CITY COUNCIL MINUTES December 13, 2005 The City of Denton City Council participated in a tour of the City of Denton Animal Shelter, 300 S. Woodrow, Denton, Texas on Tuesday, December 13, 2005 at 3:30 p.m. After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Work Session on Tuesday, December 13, 2005 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None. 1. The Council received a report, held a discussion, and gave staff direction regarding continuing improvements at the Animal Shelter and the Connolly Architects? Feasibility Study of the shelter. Lieutenant Scott Fletcher, Police Department, thanked the Council for touring the facility. Fletcher reviewed the recent improvements at the shelter: razor wire fencing replaced with wrought-iron fencing; complete restructuring of front landscaping; new logo and signage at shelter; received donations of a washer, dryer, dishwasher, and specialized beds for kennels; and streamlined the adoption process. Coming improvements included: development of an extensive volunteer program; a non-profit ?Friends of the Shelter? organization; updates and improvements to the Animal Services website; a play yard; AVID Microchips to provide microchip identification for each animal adopted; specialized air purifiers for each area of the shelter; and a sealant for the flooring for disease control. Future programs and opportunities included: a vaccination program; development of a comprehensive marketing strategy for the shelter; and building a new shelter facility or renovating the current facility. Fletcher stated that Connolly Architects provided a Feasibility Study of the current animal shelter facility. The shelter?s location was the best feature of the facility. Problems with the existing shelter included: a leaking roof; inadequate electrical system and lighting; poor drainage system; accessibility deficiencies; inadequate ventilation and insulation; inadequate parking spaces; kennel overcrowding. Fletcher stated that the feasibility study provided options for renovating the current facility and building a new facility. Renovation was not feasible. The cost estimate to demolish, remodel and expand the existing facility was $4.12 million. The cost estimate to replace the existing facility in a new location was $3.96 million. Fletcher stated they might be able to eliminate the cost of $105,000 for the purchase of land after looking at some existing city buildings. Fletcher stated that part of the decision to renovate or build a facility was tied to current interlocal agreements with outside agencies to house their animals. The rates charged in the agreements did not provide sufficient revenue to offset the costs. Because of the lack of available local shelters in the area, there were many additional agencies that continually seek an agreement to use the city shelter. Fletcher stated they had two options: sever the interlocal agreements and build to Denton?s projected growth levels or alter the agreements so that these outside agencies paid an appropriate amount for their use of the facility. City of Denton City Council Minutes December 13, 2005 Page 2 Council Member Mulroy asked for Fletcher?s recommendation related to the interlocal agreements. Fletcher replied that he would recommend getting rid of the interlocal agreements. Consensus of the Council was to move in the direction of having a city facility rather than a county facility. 2. The Council received a report, held discussion and gave staff direction regarding necessary amendments to Article V of Chapter 26 and the adoption of Article IX entitled "On- Site Sewage Facilities (OSSFs)" Division 1, Sections 26-260 through 26-270, in order to comply with the changes adopted by Texas Commission on Environmental Quality (TCEQ). The Public Utilities Board recommends approval (5-0). Jim Coulter, Director of Water Utilities, briefed the council on changes that needed to be made to the Code of Ordinances regarding on-site sewage facilities. The current ordinance did not comply with current TCEQ standards. The proposed amendments were designed to meet the current TCEQ standards. In some cases, more stringent regulations were proposed for the purposes of greater public health protection. Coulter stated that the proposed ordinance required construction permits for all OSSFs regardless of tract size; required all OSSF plans to be prepared by either professional engineers or registered sanitarians; required lots or tracts of land created or platted to have at least 2 acres when a private drinking water well was located on the tract or lot; required lots or tracts of land created or platted to have a minimum area of one acre for installation of OSSFs; required commercial/institutional facilities using aerobic treatment systems to test for CBOD and TSS at least once every four months; ordinance required aerobic treatment tanks be installed at a depth no greater than two feet measured from the top of the tank lid to the top of the tank excavation. TCEQ staff had approved Denton?s proposed OSSF ordinance and authorized Denton to proceed with the adoption process. Coulter stated that the City must hold a public meeting to discuss the proposed ordinance and must adhere to standard public notification requirements. The public meeting was tentatively scheduled for January 12. Once a public meeting was held the City Council must formally adopt the ordinance. Consensus of the Council was to move forward with the process of approving the amendments. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of December 13, 2005. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:53 p.m. to consider the following. 1. Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 - 1. Consultation with the City?s attorneys regarding legal issues, including defense of potential litigation, associated with annexation of real property in the City?s northern ETJ, under annexation case no. A05-0002, along City of Denton City Council Minutes December 13, 2005 Page 3 with other legal issues related to the annexation, including zoning, land use and subdivision controls, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City?s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. 2. Considered and discussed status of litigation styled Denton Firefighters , Cause No. 2005-30380-211, Relief & Retirement Fund v. City of Denton currently pending in the 211th District Court of Denton County, Texas. The Council adjourned the Closed Meeting at 6:25 p.m. Regular Meeting of the City of Denton City Council on Tuesday, December 13, 2005 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 2. Proclamation for Peterbilt/PACCAR Day. The Mayor read a proclamation for Peterbilt/PACCAR Day. 1. The Council considered a Resolution of Appreciation for Mike Conduff. Mayor Brock read a resolution of appreciation for Mike Conduff. McNeill, motioned, Kamp seconded to approve the Resolution of Appreciation. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. Mayor Brock presented Mr. Conduff with a plaque recognizing his service to the City. The Mayor read a proclamation for Recycle with Rex Day. B. December Yard-of-the-Month Awards Mayor Brock presented the December Yard-of-the Month awards. City of Denton City Council Minutes December 13, 2005 Page 4 C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3. CONSENT AGENDA Kamp motioned, Heggins seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. Approved the minutes of: October 11, 2005 October 18, 2005 October 26, 2005 November 1, 2005 November 7, 2005 November 8, 2005 November 15, 2005 B. 2005-369 ? An ordinance accepting competitive bids and awarding a two year contract for the purchase of electric distribution conductors for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3412 ? Two Year Contract for Purchase of Electric Distribution Conductors awarded to the lowest responsible bidder for each item, Techline, Inc., in the annual estimated amount of $135,950). (The Public Utilities Board will consider this item at the December 12 meeting.) C. 2005-370 ? An ordinance accepting competitive bids and awarding an annual contract for trucking services for the City of Denton Street Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 3413 ? Annual Contract for Trucking Services awarded to the overall lowest bidder, Hickory Creek Haulers, LLC in the annual estimated amount of $56,000). D. 2005-371 ? An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 3432 ? Electrical Energy Transmission Fees?Lower Colorado River Authority in the total amount of $134,420). (The Public Utilities Board will consider this item at the December 12 meeting.) E. 2005-372 ? 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 eighteen vehicles for various city departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3437 ? Interlocal Agreement for Fleet Vehicles with H-GAC awarded to Philpott Ford in the amount of $328,784). City of Denton City Council Minutes December 13, 2005 Page 5 F. 2005-373 ? 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 closed circuit television camera system for the City of Denton Wastewater Collection Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3435 ? Interlocal Agreement for Closed Circuit Television Camera System with H-GAC awarded to Green Equipment Co. in the amount of $95,597). (The Public Utilities Board will consider this item at the December 12 meeting.) G. 2005-374 ? 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 refuse cart assembly for the Solid Waste Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3439 ? Interlocal Agreement for Refuse Cart Assembly with H-GAC awarded to Rehrig Pacific Company in the amount of $2.79 per container, not to exceed $37,428, including the H-GAC administrative fee). (The Public Utilities Board will consider this item at the December 12 meeting.) H. 2005-375 ? An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date (TxDOT Project No.: AM2006DNTON; and TxDOT CST No.; M618DNTON). The Airport Advisory Board recommends approval (6-0). I. 2005-376 ? An ordinance approving the termination of that certain lease of airport property between the City of Denton, Texas, and Aero Properties of Denton, LLC; authorizing the City Manager to execute a first amendment to that certain fixed based operator airport lease agreement between the City of Denton, Texas, and BAM Denton Management Ventures to include approximately 1.56 acres of the property within the terminated lease of Aero Properties of Denton, LLC and making certain other amendments to that lease agreement; and providing an effective date. The Airport Advisory Board recommends approval (6-0). J. 2005-377 ? An ordinance of the City of Denton, Texas approving a Letter Agreement between the City of Denton, JVC Real Estate, L.L.C. and First United Bank and Trust Company; and providing an effective date. The Airport Advisory Board recommends approval (6-0). K. R2005-052 ? A resolution of the City of Denton, Texas approving internal audit functions of the City of Denton; establishing an Audit Committee; and providing an effective date. L. R2005-053 ? A resolution supporting the Regional Transit Initiative; providing for transmission of this resolution to a designated member of the Texas legislature; and providing an effective date. City of Denton City Council Minutes December 13, 2005 Page 6 M. R2005-054 ? A resolution of the City of Denton Texas, granting recognition of the Denton Police Officer?s Association as the sole and exclusive bargaining agent for the non-exempt employees of the Denton Police Department, and authorizing the City of Denton, Texas to meet and confer with the Denton Police Officer?s Association under Subchapter B of Chapter 142 of the Texas Local Government Code, without conducting an election. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas denying Atmos Energy Corporation?s request for an annual Gas Reliability Infrastructure Program adjustment for calendar year 2004 in this municipality; providing a requirement for prompt reimbursement of costs incurred by the City; finding that the meeting at which this Ordinance is passed is open to the public as required by law; and providing for notice of this Ordinance to Atmos Energy Corporation; and providing an effective date. Ed Snyder, City Attorney, stated that the ATM consultants had advised that Atmos was not eligible for a GRIP increase since it had not filed a rate case within the preceding two years and had included ineligible relocation costs as a part of its GRIP filing. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: 2005-378 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DENYING ATMOS ENERGY CORPORATION?S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENT FOR CALENDAR YEAR 2004 IN THIS MUNICIPALITY; PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on second and final reading to consider annexing approximately 5,800 acres of land contiguous and adjacent to the City of Denton, Texas, located in the in the northeastern area of the City of Denton?s Extraterritorial Jurisdiction; generally located between the City?s current northern city limits and Lake Ray City of Denton City Council Minutes December 13, 2005 Page 7 Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such annexation area being located in the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O?Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas; approving a service plan for the annexed property, providing a severability clause, and providing an effective date. Ed Snyder, City Attorney, presented council a copy of the stay order that the Ft. Worth Court of Appeals had filed this afternoon. He also stated that the Council had received a copy of an alternate ordinance that annexed approximately 3300 acres. It included Shepherd Road and everything south. It excluded the JNC property. Mayor Brock indicated the following Request to Speak Cards had been submitted: Shirley Harris, 2056 Burger Road, Aubrey Buddy Dobson, 5547 Woodland Hills, Denton Bessie Dobson, 5547 Woodland Hills, Denton Serena Daugherty, 1300 Tulane, Denton The following individuals spoke regarding the item. Walter Ray, 10744 F.M. 428, Aubrey, opposition Wade Hilton, 5575 Green Valley Circle, Aubrey, opposition Mark Hannah, 3517 Bentley Court, Denton, opposition Matt Miller, Hughes & Luce, opposition The following ordinance was considered: NO. 2005-379 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING AN APPROXIMATE 3,392 ACRE PORTION OF APPROXIMATELY 5,800 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHEASTERN AREA OF THE CITY OF DENTON?S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE CITY?S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAILER SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER 247, J. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY, ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S. MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY, ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT NUMBER 1027, P. O?LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT City of Denton City Council Minutes December 13, 2005 Page 8 NUMBER 761, J. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT NUMBER 933, DENTON COUNTY TEXAS; THE COMPLETION OF THE ANNEXATION EXCLUDES THAT PORTION OF THE APPROXIMATE 5800 ACRES LYING NORTH OF SHEPARD ROAD, DUE TO A COURT INJUNCTION ENJOINING THE ANNEXATION OF SUCH PROPERTY; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0002) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?nay?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried (6-1). B. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Council Member Mulroy requested a discussion on multi-family at a work session. Mayor Brock requested discussion with downtown leaders at a luncheon regarding lack of cleanliness of downtown area. Council Member Heggins requested an update on renaming a street MLK. C. 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. D. There was no continuation of the Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. E. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:15 p.m. ____________________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS