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Minutes September 20, 2005 CITY OF DENTON CITY COUNCIL MINUTES September 20, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 20, 2005 at 4:30 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 a proposed Emergency Services District for Fire and Emergency Medical Services in the Argyle, Bartonville and Copper Canyon jurisdictions and other County areas in the City of Denton's ETJ. Ross Chadwick, Fire Chief, stated that the jurisdictions of Argyle, Bartonville, Copper Canyon, Corral City, Northlake and other contiguous unincorporated Denton County areas within the Argyle Volunteer Fire District have proposed the establishment of an Emergency Services District for fire and emergency medical services. The process would be started by submission of a petition to the County Judge from at least 100 voters who own taxable property within the proposed district. A consent to form the District would be solicited from all cities included within the proposed boundaries and municipal consent was also required from any city with an extraterritorial jurisdiction designation within the proposed district. The Commissioners Court had sole jurisdiction to grant or deny the petition. If the petition were granted, an election would be held to confirm the creation of the District and to authorize the imposition of a tax levy within the boundaries of the District. There were three options for Council to consider ? (1) if the City did not intend to annex the areas of the District that fell within the City?s ETJ, it could consent to the formation of the District which would ultimately benefit Robson Ranch in the areas of fire protection and EMS mutual aid availability; (2) if the City did intend to annex any portion of the area in the future, it could oppose the District due to future financial liabilities and provide fire protection and EMS services to the area with City resources; or (3) if the city determined that it may annex this area in its ETJ sometime in the future, it could oppose the District due to future financial liabilities and voice its opposition to the Commissioners Court. Council discussion- Could the City contract fire and EMS services to any of these areas? When would this proposal be going to Commissioners Court - Chadwick replied that no decision had been made yet. The attorney for the Argyle Fire Department wanted to know how the Council felt about the proposal. Consensus of the Council was to consider pursuing contract services. No decision would be made at this meeting. 2. The Council received a report, held a discussion and gave staff direction regarding annual technology contracts. Alex Pettit, Director of Technology Services, stated that the City used several software and hardware solutions to conduct daily business in every department. It was essential for the City to upkeep current maintenance with the various vendors to ensure access to upgrades, software City of Denton City Council Minutes September 20, 2005 Page 2 fixes, hardware repair/replacement, technical support and licensing of these applications. He presented spreadsheets detailing the annual expenditures that had been updated with the current year?s information. Council discussed the pros and cons of the various systems and in particular the Harris utility billing system. It was felt that the billing system was not doing what it should do. Mayor Pro Tem McNeill suggested forming a users group for input on the issues they had with the system. He felt there was also a challenge with the Municipal Court system. Council Member Mulroy felt that outcomes needed to come sooner. Mayor Pro Tem McNeill recommended that over the course of the next year that the City Manager get a report on the software and hardware regarding how it was working. He would like a mid-year report and an end-of-the year report. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for September 20, 2005. The Work Session adjourned at 5:30 p.m. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:35 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Council considered the following in Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 and Deliberations Regarding Real Property ? Under Texas Government Code Section 551.072. 1. Received legal advice from the City Attorney regarding the status and possible settlement of condemnation proceedings styled City of Denton v. , Cause No. ED-2004-485, Dana J. Beavers, aka Dana J. Smith, et al. pending in the Probate Court of Denton County, Texas, being an acquisition of a public utility easement out of a tract of land south of McKinney Street on Loop 288. B. Deliberations Regarding Real Property ? Under Texas Government Code Section 551.072. 1. Received a briefing and held a discussion regarding confidential information relating to valuation and to other factors involved in the proposed abandonment and release of certain blanket electric utility easements owned presently by the City on real property owned by Holigan Land Development, Ltd.; said easements being located on a 160.023 acre tract of land and being situated in the Gideon Walker Survey, Abstract No. 1330, Denton, Denton County, Texas. City of Denton City Council Minutes September 20, 2005 Page 3 C. Consultation with Attorney ? Under Texas Government Code Section 551.0. 1. Considered and discussed status of litigation styled Tower v. City of , Cause No. 4:05cv302, currently pending in the U.S. District Denton Court, Eastern District, Sherman Division. D. Personnel Matters ? Under Texas Government Code Section 551.074. 1. Deliberated the evaluation, discipline, and duties, including contractual duties, for the City Manager, City Attorney, and Municipal Court Judge. Regular Meeting on Tuesday, September 20, 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 1. Council considered a Resolution of Appreciation for Kathy DuBose. Thomson motioned, Mulroy 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. City Manager Conduff presented a plaque to Ms. DuBose recognizing her contributions to the City of Denton. B. September Yard-of-the-Month Awards Mayor Brock presented the September Yard-of-the Month awards. C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3.BUDGET INDIVIDUAL ITEMS FOR CONSIDERATION A. The Council considered adoption of an ordinance adopting the Budget and first year of the Capital Improvement Plan of the City of Denton, Texas for the fiscal year beginning on October 1, 2005 and ending on September 30, 2006; and declaring an effective date. The following ordinance was considered: City of Denton City Council Minutes September 20, 2005 Page 4 NO. 2005-247 AN ORDINANCE ADOPTING THE BUDGET AND FIRST YEAR OF THE CAPITAL IMPROVEMENT PLAN OF THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30, 2006; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp 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. B. The Council consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2005, on all taxable property within the corporate limits of the city on January 1, 2005, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. The following ordinance was considered: NO. 2005-248 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2005, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2005, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McNeill 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. C. The Council considered adoption of an ordinance of the City of Denton, Texas, approving the 2005 Tax Rolls; and providing an effective date. The following ordinance was considered: NO. 2005-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2005 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 20, 2005 Page 5 Kamp motioned, McNeill 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. 4. BUDGET CONSENT AGENDA Mulroy motioned, Montgomery seconded to adopt the budget Consent Agenda and accompanying ordinances. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2005-250 ? An ordinance amending the Schedule of Rates contained in Ordinance No. 2004-386 for electric service; amending the local government service rate (Schedule GL); amending the weekend rate (Schedule WK); amending the athletic field rate (Schedule AF); amending the facility charge on the street lighting rate (Schedule LS); amending the traffic lighting rate (Schedule LT); amending the other lighting rate (Schedule LO); amending the facility charge on the security lighting rate (Schedule DD); amending the facility charge on the downtown decorative lighting rate (Schedule DDL); adding the decorative street light rate (Schedule DSL); amending the temporary service rate (Schedule T1); amendment of several provisions of the Energysave Program to clarify the meaning thereof (Schedule EP); adding a dark fiber rate (Schedule DFR); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (5-0). B. 2005-251 ? An ordinance amending the Schedule of Water Rates contained in Ordinance No. 2004-256 for water service and water rates; amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate for Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (5-0). C. 2005-252 ? An ordinance amending the Schedule of Wastewater Rates contained in Ordinance No. 2004-257 for Wastewater Service; amending the residential wastewater service - facility charge and volume charge (Schedule SR); amending the mobile home park - facility charge and volume charge (Schedule SMH); amending the commercial/industrial wastewater service - facility charge, volume charge, pretreatment program charge, sampling and analysis charge, and surcharge; (Schedule SC); amending the commercial/industrial wastewater service rate which measures with dedicated meters (sub-meters) water for wastewater billing - facility charge, volume charge and surcharge (Schedule SCD); amending the commercial/industrial wastewater service rate which measures with dedicated meters (sub-meters) water excluded from wastewater billing - facility charge and surcharge (Schedule SCS); amending the equipment services facilities and restaurants and food service establishment - facility charge, volume charge, pretreatment program charge, sampling and analysis charge, and City of Denton City Council Minutes September 20, 2005 Page 6 surcharge (Schedule SEE); amending the metered wastewater inside and outside corporate limits - facility charge, volume charge, pretreatment program charge, sampling and analysis charge, and surcharge (Schedule SM); amending the wholesale wastewater treatment service for a governmental agency, division, or subdivision ? facility charge, pretreatment program charge, volume charge, sampling and analysis charge, and surcharge (Schedule SSC); removing the dyno chips rate and adding an asphalt millings rate (Schedule CWM); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (5-0). D. 2005-253 ? An ordinance amending the schedule of rates for Solid Waste Service contained in Ordinance Number 2004-258 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 Residential Solid Waste Collection Services Schedule (SWR); amending the Residential Recycling and Processing Services Schedule (SWRR); amending the Residential Financial Need Discount Schedule (SWRD); adding the Multi-Family Recycling and Processing Services Schedule (MFR); amending the Commercial Solid Waste Collection Services Schedule (SWC); removing the Collection and Transportation Services Permit Schedule (SWP); amending the Sanitary Landfill Services Schedule (SWl); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommended approval (5-0). E. 2005-254 ? An ordinance providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to City customers and taxpayers contained in Ordinance No. 2004-387 and as also amended during previous FY 2004-2005; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (5-0). F. 2005-255 ? An ordinance providing for the payment of inspection services fees to the City of Denton for public improvements constructed by developers, related to private development; providing for the superseding of ordinances in conflict with this ordinance; providing an effective date. The Public Utilities Board recommended approval (5-0). G. 2005-256 ? An ordinance of the City of Denton, Texas amending and wholly substituting and superseding the provisions of Chapter 24 of the City of Denton Code of Ordinances as attached hereto, regarding Solid Waste Service; providing for a repealer, providing for a severability clause; and providing an effective date. The Public Utilities Board recommended approval (5-0). H. 2005-257 ? An ordinance approving the expenditure of funds for the purchase of annual maintenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of City of Denton City Council Minutes September 20, 2005 Page 7 competitive bids; and providing an effective date (File 3373 ? Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $56,755). I. 2005-258 ? An ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management 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 3384 ? Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $148,079.66). J. 2005-259 ? An ordinance approving the expenditure of funds for the purchase of annual maintenance for Geographic Information System (GIS) 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 3382 ? Purchase of Annual Maintenance for Geographic Information System (GIS) Software Package awarded to Environmental Systems Research Institute (ESRI) in the amount of $35,000.00). K. 2005-260 ? An ordinance awarding a contract for the purchase of annual maintenance for the Nortel phone system including 24 hours per day 7 days per week 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 3378 ? Annual Maintenance for Nortel Phone System awarded to Verizon Southwest in the amount of $44,092.85). L. 2005-261 ? An ordinance awarding a contract for the purchase of continued software maintenance, and services for the LaserFiche Document Imaging System currently being used by the City of Denton from VP Imaging, as awarded by the State of Texas General Services Commission through the Catalog Information Services Vendor (CISV), formerly known as Qualified Information Services Vendor (QISV), providing for the expenditure of funds therefor; and providing an effective date (File 3381 ? Purchase of Annual Maintenance for LaserFiche Document Imaging System awarded to VP Imaging, in the amount of $42,848.20). M. 2005-262 ? An ordinance authorizing the execution of change order two to a contract for lease purchase financing of PC?s, monitors, and peripheral equipment for Utility and General Government (with the exception of Public Safety) Departments between the City of Denton and Dell Government Leasing and Finance; providing for an increase in the time period and an increase in the annual lease payment amount; and providing for the expenditure of funds therefor; and providing an effective date (File 3110 ? Dell Government Leasing and Finance awarded in the amount of $1,056,923.70, change order one in the amount of $331,241.64 and change order two in the amount of $116,626.32 for a total of $1,504,791.66). City of Denton City Council Minutes September 20, 2005 Page 8 N. 2005-263 ? An ordinance awarding a contract approving the expenditure of funds for the purchase of Mitsubishi 80kVA UPS and distribution 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 3379 ? Mitsubishi 80kVA UPS and distribution system awarded to Data Com Power, Inc., in the amount of $61,101). O. 2005-264 ? An ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Millennium Library System and associated hardware and software modules 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 3371 ? Purchase of Annual Maintenance for Millennium Library System awarded to Innovative Interfaces, Inc. in the amount of $33,069). P. 2005-265 ? An ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle 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 3374 ? Purchase of Software Maintenance for Oracle Relational Database Software awarded to Oracle USA, Inc. in the amount of $35,860). Q. 2005-266 ? An ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly 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 3372 ? Purchase of Annual Maintenance for Oracle Enterprise One Software Package awarded to Oracle USA, Inc. in the amount of $89,900). R. 2005-267 ? An ordinance awarding a contract for the purchase of annual maintenance for the City of Denton Cisco networked devices (Smartnet) including switches, hubs, routers, and Cisco IP phone equipment including 24 hour/7 days per week Technical Assistance Center (TAC) 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 3377 ? Annual Maintenance for Cisco Networked Devices awarded to InterNetwork Experts in the amount of $88,696). S. 2005-268 ? An ordinance awarding a contract for the purchase of software maintenance for continued vendor support of the Informix Dynamic Server Relational Database software 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 3370 ? Purchase of Software Maintenance for Informix Dynamic Server Relational Database Software awarded to CompuCom Systems, Inc. in the amount of $64,817.00). City of Denton City Council Minutes September 20, 2005 Page 9 T. 2005-269 ? An ordinance awarding a contract for the purchase of continued software license maintenance for the City of Denton?s Novell products 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 3380 ? Annual Software License Maintenance for Novell Products and Acquisition of Additional Novell Licenses awarded to SHI-Government Solutions in the amount of $98,051.05). U. 2005-270 ? An ordinance awarding a contract under the Catalog Information Services Vendor (CISV) program for the purchase of a Unitrends DPU-5000 Data Protection Unit, and DPV-5000 Data Protection Vault as awarded by the State of Texas Building and Procurement Commission contract CISV # ; providing for the expenditure of funds therefor; and providing an effective date (File 3376 ? Purchase of Unitrends DPU-5000 Data Protection Unit, and DPV- 5000 Data Protection Vault, awarded to ARW Systems, LLC. in the amount of $198,744). V. 2005-271 ? An ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel 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 3383 ? Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the amount of $117,289.80). W. 2005-272 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. X. 2005-273 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. Y. 2005-274 ? An ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless- Selby House and the African American Museums; and providing an effective date. Z. 2005-275 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes September 20, 2005 Page 10 AA. 2005-276 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. BB. 2005-277 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. CC. 2005-278 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical Commission, Inc. for the payment and use of hotel tax revenue, and providing an effective date. DD. 2005-279 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and provide an effective date. EE. 2005-280 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. FF. 2005-281 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. GG. 2005-282 ? An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. 5. CONSENT AGENDA Kamp motioned, McNeill seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. A Request to Speak Card was submitted by Wally Creel regarding Item 5.O. He spoke in support of the item. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 7-0 A. 2005-283 ? An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds therefor; and providing for an effective date. City of Denton City Council Minutes September 20, 2005 Page 11 B. 2005-284 ? An ordinance authorizing the City Manager to execute a personal services agreement with Barbara T. McCall Associates, Inc. to provide certain information and services with regard to legislation of interest to the city. C. 2005-285 ? 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 3396 ? Electrical Energy Transmission Fees in the total amount of $134,421). The Public Utilities Board recommended approval (4-0). D. 2005-286 ? An ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Dallas Independent School District, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Dallas Independent School District contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3404 ? Interlocal Agreement with the Dallas Independent School District). E. 2005-287 ? An ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Agreement with the Dallas Independent School District under Section 271.102 of the Local Government Code, for the purchase of products and services for an onsite vehicle parts facility; providing for the expenditure of funds therefor; and providing an effective date (File 3405 ? Interlocal Agreement for the Purchase of Products and Services for an Onsite Vehicle Parts Facility with the Dallas Independent School District, contract awarded to Genuine Parts Company in the estimated amount of $839,946). F. 2005-288 ? An ordinance authorizing the City Manager or his designee to execute a professional services agreement with the firm of Arthur Surveying Co., Inc. to provide professional surveying services in support of the City of Denton Engineering Department; authorizing the expenditure of funds therefor and providing an effective date (PSA 3219 ? in an amount not to exceed $200,000). The Public Utilities Board recommended approval (4-0). G. 2005-289 ? An ordinance accepting sealed proposals and awarding a contract for Benefit Consultant Services for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 3355 ? Benefit Consultant Services awarded to McGriff, Seibels and Williams in the annual amount of $48,500). H. 2005-290 ? An ordinance of the City Council of the City of Denton, Texas approving payment for the purchase and installation of Caron compactor parts; and providing an effective date (File 3401 ? Purchase of Wheels for Landfill Compactor awarded to Caron Compactor Company in the amount of $34,397.84). The Public Utilities Board recommended approval (4-0). City of Denton City Council Minutes September 20, 2005 Page 12 I. 2005-291 ? An ordinance of the City of Denton, Texas amending the provisions of Chapter 6 relating to Animals by amending Sections 6-27 regarding the keeping of livestock; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. J. 2005-292 ? An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Greater Denton Arts Council for the development and marketing of exhibitions at the Fall Festival; providing for the expenditure of funds therefor; and providing for an effective date. K. 2005-293 ? An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the American Legion to assist in purchasing food, providing monetary assistance to subsidize utility bill and rental payments for citizens and for subsidizing medical costs for senior citizens, providing for the expenditure of funds therefor; and providing for an effective date. L. 2005-294 ? An ordinance of the City of Denton, Texas authorizing settlement of an eminent domain action styled C ity of Denton, Texas v. Dana J. Beavers aka , Cause No. ED-2004-485, filed in the Probate Court of Dana J. Smith, et al. Denton County; authorizing the City Manager and the City?s attorneys to act on the City?s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. M. 2005-295 ? An ordinance of the City of Denton, Texas approving an interlocal agreement by and between the City of Denton, Texas and the Town of Copper Canyon, Texas to provide gas well inspection services; and providing an effective date. The Public Utilities Board recommended approval (5-0). N. 2005-296 ? An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to Professional Services Agreement with Kimley-Horn & Associates, Inc. for additional Professional Engineering Services related to the Final Design of the Southwest Booster Pump Station and Storage Facilities; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). O. 2005-297 ? An ordinance authorizing the abandonment and release of certain blanket electric utility easements owned by the City, to the extent that they encumber certain real property owned by Holigan Land Development, Ltd. containing approximately 160.023 acres and being located in the Gideon Walker Survey, Abstract No. 1330, Denton, Denton County, Texas; and providing an effective date. The Public Utilities Board recommended approval (4-0). P. 2005-298 ? An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with City of Denton City Council Minutes September 20, 2005 Page 13 Wolfe, Tidwell & McCoy, LLP for professional legal services relating to litigation styled , Cause No. 4:05cv302 currently pending Tower v. City of Denton in the U.S. District Court, Eastern District, Sherman Division; authorizing the expenditure of funds therefor; and providing an effective date. Q. R2005-034 ? A resolution of the City of Denton finding and determining that the number of inhabitants in the City of Denton is in excess of 100,000; and providing an effective date. R. 2005-299 ? An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an asset purchase agreement, bill of sale and other documents transferring all buses, equipment and other assets from the city passenger motor carrier transit system known as LINK to the Denton County Transportation Authority and authorizing the Mayor to execute an assignment of that certain agreement to provide the services for the passenger motor carrier transit system known as LINK, with McDonald Transit Associates, Inc. dated April 16, 2002, as amended, to the Denton County Transportation Authority; authorizing the extension of that certain interlocal cooperation agreement with the Denton County Transportation Authority effective October 1, 2004 and an extension of the McDonald Transit Associates, Inc. agreement, if necessary, authorizing necessary actions and the expenditure of funds to complete the transfer; and providing an effective date. S. 2005-300 ? An ordinance of the Denton City Council approving and authorizing the Mayor to execute a master lease agreement providing for the lease of certain tracts of realty at the City of Denton Landfill, by and between the City of Denton, Texas, as lessor and the Denton County Transportation Authority, as lessee; authorizing the expenditure of funds therefor; and providing an effective date. 6. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance approving an amendment to the Detailed Plan for Planned Development 173 (PD-173) zoning district for approximately 33.65 acres. The subject property was generally located on the north side of Robson Ranch Road, approximately 2,500 feet east of Florence Road. The Planning and Zoning Commission recommended approval (7-0). (Z05-0017, Robson Ranch Golf Course) Kelly Carpenter, Director of Planning and Development, stated that the applicant requested approval of the Detailed Plan Amendment in order to add 11.37 acres of land to the Plan extending the golf course. The applicant also requested some minor lot line changes within the remaining 22.28 acres of the subject site. The Mayor opened the public hearing No one spoke during the public hearing. The Mayor closed the public hearing City of Denton City Council Minutes September 20, 2005 Page 14 The following ordinance was considered: NO. 2005-301 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-059 TO ADD 11.37 GOLF COURSE ACRES TO THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT AND LAND USE CLASSIFICATION INCREASING THE TOTAL ACRES IN THE DETAIL PLAN FROM 1361.3 ACRES TO 1,372.67 ACRES; SAID PD-173 CONTAINS APPROXIMATELY 1361 ACRES AND IS COMMONLY KNOWN AS ROBSON RANCH; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0017) McNeill motioned, Heggins 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. B. The Council held a public hearing and considered adoption of an ordinance approving the zoning of 95.16 acres from Neighborhood Residential (NR-2) to Neighborhood Residential (NR-6) with an overlay district. The property was located in Tract 4A of the William Roark Survey and Tract 11 of the J Edmondson Survey and was generally located on the east side of Bonnie Brae, 1,300 feet west of US 377, and 2,800 feet south of Roselawn Drive. The Planning and Zoning Commission recommended approval (7-0). (Z05-0020, Glenwood Meadows) Kelly Carpenter, Director of Planning and Development, briefed the Council on the details of the proposal. The applicant requested the rezoning of the property to NR-6 with an overlay district. The overlay would include the development standards that the development would consist only of single-family detached homes and the density would be capped at 2.29 dwelling units per acre for the 95.16 acres. Council had tabled the proposal from its November 16, 2004 meeting. At that time Council had asked extensive questions about the flood plain and requested flood plain studies. Council had since received that information. The Mayor opened the public hearing. The following individual spoke during the public hearing: Wally Creel, 15950 Dallas Parkway, Dallas, in support Comment Cards were received from the following individuals: Elsie Harris, 15950 Dallas Parkway, Dallas, in support Jason Stephen, 7950 Elmbrook, Dallas, in support The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes September 20, 2005 Page 15 NO. 2005-302 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 95.16 ACRES FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) WITH AN OVERLAY DISTRICT GENERALLY LOCATED ON THE EAST SIDE OF BONNIE BRAE, 1300 FEET WEST OF US 377 AND 2800 FEET SOUTH OF ROSELAWN DRIVE LOCATED IN THE WILLIAM ROARK SURVEY ABSTRACT NUMBER 1087 AND THE J EDMONDSON SURVEY, ABSTRACT NUMBER 400 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0020) McNeill motioned, Kamp 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. C. The Council held a public hearing and received citizen input on an ordinance of the City of Denton, Texas amending the Denton Comprehensive Plan to include the Open Space Concept Plan; and providing for an effective date. Janet Fitzgerald, Director of Parks and Recreation, stated the Plan had received public review and had been reviewed by the Parks, Recreation and Beautification Board and also the Planning and Zoning Commission. She stated that there was some discussion among staff as to whether this should be adopted as a stand-alone document or as an amendment to the Comp Plan. Mayor Brock asked if this would affect the content and how it would be implemented. Fitzgerald stated that staff would bring an implementation plan to Council at a later date. Council Member Mulroy asked what aspect of this plan would disqualify it from being part of the Comprehensive Plan. Fitzgerald stated that there were a number of master plans that supported the Comprehensive Plan but they were not amendments to the Comprehensive Plan. Council Member Mulroy asked for an update in memo form of what the rationale was for the different direction that was proposed. Council Member Kamp requested that the Committee on the Environment look at the Plan before it was brought back to Council. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes September 20, 2005 Page 16 No action was required on this item. 7. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement from the Texas Department of Housing and Community Affairs for Emergency Shelter Grant Program and to take all other actions necessary; and providing for an effective date. Council Members Mulroy, Thomson, and Montgomery left the meeting with potential conflicts of interest. Barbara Ross, Community Development Coordinator, stated that the Texas Department of Housing and Community Affairs had awarded emergency shelter grant program funds to the City. The award would be used to support homeless and homelessness prevention services provided by HOPE, Inc., the Salvation Army, Christian Community Action and Denton County Friends of the Family. The following ordinance was considered: NO. 2005-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR EMERGENCY SHELTER GRANT PROGRAM AND TO TAKE ALL OTHER ACTIONS NECESSARY; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council considered appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. McNeill motioned, Mulroy seconded to appoint Bob Montgomery as voting delegate and Charlye Heggins as alternate voting delegate. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. C. The Council considered approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that the three incumbents had expressed a willingness to serve another term. Those names were submitted for Council?s consideration for reappointment. The following resolution was considered: City of Denton City Council Minutes September 20, 2005 Page 17 NO. R2005-035 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE Mulroy motioned, Heggins seconded to nominate Jerry Falbo, Lindsay Keffer and Jim Brock to the Board of Directors of the North Texas Higher Education Authority. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council considered approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that the incumbents wee willing to serve again. Once nominations from all taxing jurisdictions were received, a ballot would be sent to the City for Council to cast their vote to elect a member at the November 15, 2005 Council meeting. Consensus of the Council was to hold consideration of this item until the DISD had taken action and then coordinate the nominations with the DISD. E. The Council considered nominations/appointments to the City?s Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that the Council appointed a nominating committee at the September 6, 2005 meeting to present a slate of nominees for the Economic Development Partnership Board for Council consideration. Kamp motioned, McNeill seconded to accept the nominations of Euline Brock, Jerry Mohelnitzky, and Harry Crumpacker. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. F. The Council considered nominations/appointments to the City?s Boards and Commissions. No nominations/appointments were made at this meeting. G. New Business Council did not suggest any items of New Business for future agendas. H. 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. City of Denton City Council Minutes September 20, 2005 Page 18 I. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. J. 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 8:43 p.m. _____________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS