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Minutes January 18, 2005 CITY OF DENTON CITY COUNCIL MINUTES January 18,2005 After determining that a quorum was present, the City Council convened in a Work: Session on Tuesday, January 18,2005 at 4:00 p.m. in the Council Work: Session Room at City Hall. PRESENT: Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. AB SENT: Mayor Brock: 1. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton's diversity efforts. Carla Romine, Director of Human Resources, presented information on diversity efforts in the City of Denton. She detailed the history of the City's diversity efforts, recruitment efforts, retention efforts, statistics on work:force analysis, and a comparison to other municipalities in Denton County. Kenneth Davis, Chair of Diversity Task: Force, stated that a primary goal was to change the perception in the community regarding the lack: of upward mobility within the community. Council discussed diversity in the Fire Department with African-American candidates and ways to encourage applicants, look: at testing procedures; bridge the gap between the community and the Fire Department; preliminary testing procedures for minorities; differences between hiring certified firefighters versus new recruits who had to go through an academy; and ways to educate the community regarding the Fire Department. Council directed the Committee to research hiring certified versus non-certified firefighters. 2. The Council received a report, held a discussion, and gave staff direction regarding the annual independent financial audit. Terry Kyle, Deloitte and Touche, presented the information regarding the financial audit. The audit was conducted in accordance with accepted auditing standards. The basic financial statements of the City presented fairly, in all material respects, the financial position of the financial activities. The City received an unqualified report that meant that there were no discrepancies in the audit. 3. The Council received a report, held a discussion, and gave staff direction regarding 2006 Congressional project requests. Betty Williams, Director of Management and Public Information, presented the proposed congressional project requests. Council discussion included: . The designation change of Mayhill Road was moving forward. . Move the Airport projects and west Loop 288 to the top of the list. . As there were different funding categories, different projects could be priorities in separate categories. City of Denton City Council Minutes January 18,2005 Page 2 Consensus of the Council was to submit the preliminary proj ects on the list, then meet and prioritize the requests. Mayhill Road would be removed from the list, as it would not be ready for consideration. 4. The Council received a report, held a discussion, and gave staff direction regarding a proposed reorganization of the Legal Department. City Manager Conduff stated that the Council subcommittee had requested that this item be placed on an agenda for review. Mayor Pro Tem McNeill stated that one goal for the City Attorney from the Committee was to look: at the organization of the Legal Department. The City Attorney had presented a suggested reorganization plan and the Committee had provided input on those recommendations. Council discussion included that with the additional use of technology in the department and an increase in the duties of an additional legal assistant; downsizing might be possible in future years. Consensus of the Council was to schedule a Closed Session with the entire Council to discuss the . Issue. 5. The Council received a report, held a discussion and gave staff direction concerning the airport terminal building project to include GRW Willis' initial recommendation to replace the existing terminal building. The Airport Advisory Board unanimously recommended the advice as outlined by the GRW Willis report (7-0). Rick: Woolfolk:, Chair-Airport Advisory Board, presented information on the recommendation of GRW Willis as the architect for the new building. The current terminal building was in great need of repair and it was not really prudent to maintain it. There were three choices on how to deal with the terminal - spent money on the current building, offer the structure to a group who would want to move it, or plan a new facility with demolition of the old building. Council discussed the location of the new terminal relative to the tower; the need to tie in the flavor of the old building with the new building and whether there was any historical significance of the current building. Consensus of Council was to proceed with the recommendation of the Airport Board. 6. The Council received a briefing, held a discussion and gave staff direction regarding zoning amendments to the Denton Development Code affecting multifamily development. (SI04-0036, SUP for Multifamily) Kelly Carpenter, Director of Planning and Development Services, reviewed prior meeting discussions Council had had regarding this item. Council had directed staff to prepare regulations related to the multi-family development as part of a mixed-use development, specifically related to the existing L (4) limitation. The Planning and Zoning Commission discussed the amendments but was unable to reach consensus on the issues and requested guidance on these ideas from Council. City of Denton City Council Minutes January 18,2005 Page 3 Consensus of the Council was to have the Planning and Zoning Commission continue with its deliberations. Council suggested that the Downtown area be removed from the regulations and to also apply the regulations to the regional areas. Denton's mark:et appeared to not be ready for mixed-use developments at this time. The goal should be to continue with mak:ing the development process as easy as possible. It was also suggested that the Planning and Zoning Commission mak:e a recommendation on how to implement these amendments. 7. Staff responded to requests for clarification of Consent Agenda items listed on the Consent Agenda for today's City Council regular meeting. Following the completion of the Work: Session, Council convened in a Closed Session to discuss the following: 1. Closed Meeting: A. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. Received a briefing from the City's attorneys on the status and a proposed settlement of potential litigation against S.J. Louis Co. where to discuss such matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, January 18, 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. PROCLAMA TIONS/PRESENT A TIONS A. Proclamations/Awards Mayor Pro Tem McNeill presented a proclamation for Denton Family Unity Week:. Charles Fox, Government Finance Officers Association, presented the Comprehensive Annual Financial Report - Certificate of Excellence-Award to the City of Denton. B. Yard of the Month Awards Mayor Pro T em McNeill presented Yard of the Month Awards to: Britt and Melony Watson Christopher and Mary Heiden Johnny Carino's Restaurant City of Denton City Council Minutes January 18,2005 Page 4 Michael and Maggie Dick:ens Susan Medler C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to Council. 3. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. A. R2005-00 1 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds and; mak:ing certain findings in connection therewith; providing an open meetings clause; and providing an effective date. B. 2005-015 - An ordinance of the City of Denton, Texas, amending Section 22-38 of Chapter 22 (Park:s and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a schedule of fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2004-262 and all ordinances in conflict with the new schedule of fees; and providing an effective date. The Park:s and Recreation Board recommended approval (6-0). C. 2005-016 - An ordinance authorizing the financing for five refuse truck:s, a motor grader, a sk:id steer loader, and five % ton 4 x 4 diesel pick:up truck:s for the Solid Waste Department, and a wheel loader and screener for Beneficial Reuse through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3279 - Lease Purchase of Refuse Truck:s and Equipment, approximate finance charges of $123,364.40). The Public Utilities Board recommended approval (7-0). D. 2005-017 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of lab service for drink:ing water testing for the City of Denton Water Production Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3273 - Annual Contract for Lab Service for Drink:ing Water Testing awarded to MWH Laboratories in the estimated amount of $27,500). The Public Utilities Board recommended approval (7 -0). E. 2005-018 - An ordinance approving an amendment to the Golf Driving Range lease contract between the City of Denton and The Fundamentals Program, Inc. dba ONCourse USA to provide for the installation, maintenance, and operation of a batting range at North Lak:es Park: in the City of Denton; and providing an effective date. The Park:s and Recreation Board recommends approval (5-0). City of Denton City Council Minutes January 18,2005 Page 5 4. F. 2005-019 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the firm of Lloyd, Gosselink:, Blevins, Rochelle & Townsend, P.C. for legal services pertaining to representation of the City before the Public Utility Commission of Texas, in connection with its transmission cost of service case; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The Public Utilities Board recommends approval (7 -0). G. 2005-020 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and GCBSXX LLC, and providing an effective date. The Airport Advisory Board recommends approval (5-0). H. 2005-021 - An ordinance abandoning and vacating an eight foot wide utility easement affecting Block: 34R, Lots 1 & 2, and Block: 29, Lots 4, 5, 22 & 23 of the Preserve at Pecan Creek:, Section A3, an addition to the City of Denton, Texas, according to the plat thereof, recorded in Cabinet V, Slide 279 of the plat records of Denton County, Texas and providing for an effective date. I. 2005-022 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC. for Professional Legal and Lobbying Services related to the 79th Texas Legislative session pertaining to the City of Denton, Texas/Denton Municipal Electric; authorizing the expenditure of funds therefor; providing for retroactive effect and approval of the agreement; and providing an effective date. The Public Utilities Board recommends approval (7-0). J. 2005-023 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Water Main Pro-Rata Reimbursement Agreement between the City of Denton and Nub Neighbors for reimbursement of the costs of building a water main, through pro-rata charges paid to the city for the benefit of the City of Denton and Nub Neighbors as specified in the Pro-Rata Reimbursement Agreement; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. The Public Utilities Board recommends approval (6-0). PUBLI C HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding a Detailed Plan for Planned Development 132 (PD-132) for approximately 24.8 acres. The property was generally located on the south side of Poclaus Page Road, on the east side of Lak:eview Boulevard. 116 Residential lots were proposed. The Planning and Zoning Commission recommended approval (6-0). (204-0024, The Villages of Carmel/Preserve at Pecan Creek Sec. A2) The Mayor Pro Tem opened the public hearing. City of Denton City Council Minutes January 18,2005 Page 6 Kelly Carpenter, Director of Planning and Development Services, presented the details of the proposal. The following individuals spok:e during the public hearing: Wallace Creel, 15950 N. Dallas Park:way, Suite 75, Dallas, 75248 - favor Maureen J amail, 4208 Boxwood Drive, Denton, 76208 - favor Comment cards were received from: Janice Randel, 4508 Trumpet Vine, Denton, 76208 - favor Betty Cox, 4508 Bay tree, Denton, 76208 - favor The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2005-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 24.8 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE ROAD, ON THE EAST SIDE OF LAKEVIEW BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0024) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of ordinances for property located on the south side of Hick:ory Street, on the west side of Ruddell Street and lrnown as Renaissance Court. Kelly Carpenter, Director of Planning and Development Services, stated that this public hearing would be on 3 different items. The first public hearing was for a zoning change at the site of the former Phoenix Apartments that would meet the mandatory density as required by the terms of the tax-credit finance for the affordable housing development. The proposal included an overlay to permit only multi-family uses, to permit only 150 residential units and reduce the side yard setback: from 20 feet to 15 feet plus one foot for every foot over 20 feet of building height. The Alternative Development Plan would vary from the site design standards concerning street tree location, park:ing lot landscaping and buffer requirements. The applicant was proposing to plant street trees on both sides of the northern end of Ruddell Street to mitigate the park:ing lot and street tree requirements. An eight foot high buffer fence with masonry columns and trim along the property line adj acent to the existing single-family lots would be built instead of the required six foot high fence with trees planted at 30 foot intervals. An existing utility easement prevented the applicant from planting the required trees. City of Denton City Council Minutes January 18,2005 Page 7 The Mayor Pro Tem opened the public hearing. Vick:i Oppenheimer, representing the applicant, spok:e in favor of the request. The Mayor Pro Tem closed the public hearing. The following ordinances were considered: NO. 2005-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD REGIONAL MIXED USE 12 (NRMU-12) ZONING DISTRICT TO A NEIGHBORHOOD REGIONAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY TO PERMIT ONLY MULTI-FAMILY USES, NO MORE THAN 150 RESIDENTIAL UNITS, AND REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 15 FEET PLUS ONE FOOT FOR EVERY FOOT OVER 20 FEET OF BUILDING HEIGHT FOR APPROXIMATELY 12.5 ACRES OF LAND LOCATED OAT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.. (Z04-0045, RENAISSANCE COURT REZONING) Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. NO. 2005-026 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT AND USE ON APPROXIMATELY 12.5 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. ((Z04-0046, RENAISSANCE CO URT SUP) Thomson motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. NO. 2005-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 12.5 ACRES OF City of Denton City Council Minutes January 18,2005 Page 8 LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF APPROVING ALTERNATIVES TO CERTAIN SITE DESIGN STANDARDS INCLUDING LOCATING STREET TREES BETWEEN THE SIDEWALK AND THE BUILDINGS, PROVIDING AN EIGHT (8) FOOT TALL FENCE WITH ENHANCED DETAILS (BRICK COLUMNS & TRIM) BETWEEN MUL TI-F AMIL Y DEVELOPMENT AND THE ADJACENT SINGLE- FAMILY RESIDENTIAL LOTS, PROVIDING ADDITIONAL TREE CANOPY COVERAGE WITHIN THE PARKING LOTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0006, Renaissance Court ADP) Montgomery 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 continued a public hearing and considered adoption of an ordinance of the City of Denton, Texas, finding that the current rates of CoServ Gas Ltd. are unreasonable; approving CoServ Gas Ltd.' s revised and uncontested tariffs; approving a rate phase-in; authorizing continuation of deferral of carrying charges on plant held for future use; recognizing CoServ's right to surcharge for facility relocation required by the City; setting the effective date of new tariffs as February 1,2005; finding the Cities' rate case expenses reasonable; severing the determination of the reasonableness of CoServ Gas Ltd. 's rate case expense from approval of the revised tariffs; retaining jurisdiction over the determination of the reasonableness of CoServ Gas Ltd. 's rate case expense issue until March 1, 2005; adopting a base rate case moratorium; finding that any relief requested by CoServ Gas Ltd. not specifically granted herein is denied; adopting a most favored nations provision; 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 CoServ Gas Ltd; and providing an effective date. The Mayor Pro Tem opened the public hearing. No one spok:e during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2005-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV GAS LTD. ARE UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND UNCONTESTED TARIFFS; APPROVING A RATE PHASE-IN; AUTHORIZING CONTINUATION OF DEFERRAL OF CARRYING CHARGES ON PLANT HELD FOR FUTURE USE; RECOGNIZING COSERV'S RIGHT TO SURCHARGE FOR FACILITY RELOCATION REQUIRED BY THE CITY; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS City of Denton City Council Minutes January 18,2005 Page 9 FEBRUARY 1, 2005; FINDING THE CITIES' RATE CASE EXPENSES REASONABLE; SEVERING THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE FROM APPROVAL OF THE REVISED TARIFFS; RETAINING JURISDICTION OVER THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE ISSUE UNTIL MARCH 1,2005; ADOPTING A BASE RATE CASE MORATORIUM; FINDING THAT ANY RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS DENIED; ADOPTING A MOST FAVORED NATIONS PROVISION; 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 COSERV GAS LTD; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance accepting competitive bids and awarding a public work:s contract for the construction of sidewalk:s for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3272 - Prairie, Crawford, Paisley Sidewalk:s awarded to Floyd Smith Concrete, Inc. in the amount of $162,145.18). The following ordinance was considered: NO. 2005-029 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3272 - PRAIRIE, CRAWFORD, PAISLEY SIDEWALKS AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $162,145.18). Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting sealed proposals and awarding a contract for Long Term and Short Term Disability Program for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFSP 3264 - Long Term and Short Term Disability Program awarded to UNUM Provident in the estimated annual amount of $199,100). The following ordinance was considered: City of Denton City Council Minutes January 18,2005 Page 10 NO. 2005-030 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR LONG TERM AND SHORT TERM DISABILITY PROGRAM FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSP 3264 - LONG TERM AND SHORT TERM DISABILITY PROGRAM AWARDED TO UNUM PROVIDENT IN THE ESTIMATED ANNUAL AMOUNT OF $199,100). Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of fleet vehicles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3251 - Fleet Vehicles 2005 awarded to the lowest responsible bidder for each item in the amount of $496,428). The Public Utilities Board recommended approval of the Utility and Solid Waste vehicles (7-0). The following ordinance was considered: NO. 2005-031 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR LONG TERM AND SHORT TERM DISABILITY PROGRAM FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSP 3264 - LONG TERM AND SHORT TERM DISABILITY PROGRAM AWARDED TO UNUM PROVIDENT IN THE ESTIMATED ANNUAL AMOUNT OF $199,100). Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye" unanimously. D. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of fleet heavy equipment; providing for the expenditure of funds therefor; and providing an effective date (Bid 3253 - Fleet Heavy Equipment 2005 awarded to the lowest responsible bidder for each item in the amount of $780,133.57). The Public Utilities Board recommended approval of the Utility and Solid Waste vehicles (7-0). The following ordinance was considered: NO. 2005-032 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3253 - FLEET HEAVY EQUIPMENT 2005 AWARDED TO City of Denton City Council Minutes January 18,2005 Page 11 THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE AMOUNT OF $780,133.57). THE PUBLIC UTILITIES BOARD RECOMMENDED APPROVAL OF THE UTILITY AND SOLID WASTE VEHICLES (7-0). Thomson motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. Mayor Pro Tem McNeill stated that Item F would be considered prior to Item E. F. The Council considered approval of a resolution of the City of Denton, Texas continuing to urge the Texas Legislature not to adopt any school finance reform or tax system changes that would negatively affect city revenues and economic development efforts; and providing an effective date. Dottie Palumbo, Assistant City Attorney, presented information on the resolution that was based on a resolution Council passed in March of last year The following resolution was considered: NO. R2005-003 A RESOLUTION OF THE CITY OF DENTON, TEXAS CONTINUING TO URGE THE TEXAS LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE REFORM OR TAX SYSTEM CHANGES THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Kamp "aye", McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. Item E was considered. E. The Council considered approval of a resolution of the City of Denton, Texas adopting the City of Denton's 2005 State Legislative Program for the 79th Texas Legislature; providing a repealer; and providing an effective date. Dottie Palumbo, Assistant City Attorney, stated that two additional issues had been added to the program from last program. The following resolution was considered: NO. R2005-002 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2005 STATE LEGISLATIVE PROGRAM FOR THE 79TH TEXAS LEGISLATURE; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes January 18,2005 Page 12 Montgomery motioned, Thomason seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. F. The Council considered nominations/appointments to the City's Boards and Commissions. No nominations were made at this meeting. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received a citizen report from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth expressed concerns about the changes in the Council's rules of procedure for citizen reports. H. New Business Council suggested the following Items of New Business: 1. Council Member Redmon requested staff look: into installing strobe lights in the traffic lights at dangerous non-state intersections. 2. revisited. Mayor Pro Tem McNeill requested that the Council cell phone usage policy be I. 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. J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. K. 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 January 18,2005 Page 13 With no further business, the meeting was adjourned at 8:04 p.m. PERRY MCNEILL MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER W ALTERS CITY SECRETARY CITY OF DENTON, TEXAS