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April 04, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES April 4, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 4, 2006 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 impounding vehicles for Failure to Maintain Financial Responsibility (no insurance) and the limitations of the City of Denton Vehicle Pound. Capt. Paul Abbott, Denton Police Department, presented information on the current impound yard. The current location was at the Service Center and had been at that location since 1980. The initial capacity was 75 vehicles in 1980 and was still 75 vehicles in 2006. There were associated environmental issues with the current pound with runoff from the cars into a creek next to the pound fence. The vehicle pound cost more than the revenue received. Options included maintain the current facility, build a new facility, or outsource the towing and storage. Staff was recommending outsourcing the towing and storage of the vehicles. A proposed ordinance would only apply to police initiated towing and storage requests. He had spoken with area towing businesses and they appeared to be in favor of such a proposed ordinance. The police department would maintain a smaller impound lot at the current site for evidentiary holds. Council asked if the procedure were outsourced how many officers could be redirected. Abbott replied an estimated 1.6 full time employees could be redirected. Council asked if there would be convenient storage locations if outsourced. Abbott replied that there would have to be a two- hour turnaround time. Abbott continued with information concerning towing for no insurance. Currently the city did not have the space to tow in cars with no insurance. In 2005, there were 3,136 citations for no financial responsibility. Staff was requesting direction from Council on whether to impound all non-insured vehicles identified as a result of a traffic stop or collision or impound non-insured vehicles identified as a result of a collision investigation. Staff was recommending Option 2 to impound non-insured vehicles identified as a result of a collision investigation. This would give staff time to gather information from other cities on their procedures. Council discussion - Option 2 provided no incentive to keep up insurance. Option 2 was a step in the right direction but did not provide a long-term solution to keeping insurance current. An important element would be the latitude for officers to make judgment decisions on when to tow and when to not tow. Companies would have to apply for a permit with a rotation list similar to the present practice. The companies would be local. Make sure no gap in liability and insurance requirements. City of Denton City Council Minutes April 4, 2006 Page 2 Consensus of Council was to proceed with the outsourcing of the towing and storage and option 1 for towing with no insurance. 2. The Council received an updated 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 DentonÓs ETJ. Ross Chadwick, Fire Chief, stated that in the past, staff had discussions with Council on the legal ramifications of this District and how it would impact the City of Denton. The District had now been formed and Denton had 60 days to make a decision on whether to agree or oppose that formation. An election was schedule for November 2006 to form the EMS District. If the City did not plan to annex any of this area, it might consent to the district formation. If it did intend to annex some of the district it might want to oppose the formation due to financial liabilities. The staff recommendation was to provide written consent prior to May 5, 2006 for the formation of the district as filed with the County and determine the provisions of fire and EMS services to the annexed areas in the future. Consensus of the Council was to proceed with the staff recommendation. 3. The Council received a report, held a discussion, and gave staff direction regarding Fire Station #7 construction bids. Council Member Mulroy left the meeting. Ross Chadwick, Fire Chief, stated that the design specifications and plans for Fire Station #7 had gone out with 5 bids received. The average base bid was $3.4 million with a budget of $2.5 million. The selection process involved an interview committee of 9 members. The scoring process involved 7 voting members with posted scoring criteria that included cost amount and completion time; experience and reputation; personnel and subcontractors; and financial history and safety. Using these four areas, the scores were placed in a spreadsheet with the Hisaw firm rating highest. The staff recommendation was to contract with Hisaw and Associates for $3.4 million. That would require an additional $941,460 to the budget. The staff recommendation was to also allocate the expenditure of additional funds to achieve silver award LEED. The approved budget would also authorize the purchase of a fire engine and equipment for Station 7. That would require the issuance of Certificates of Obligation for $1 million to fund the additional financial requirements. Council Member Mulroy returned to meeting. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of April 4, 2006. 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. City of Denton City Council Minutes April 4, 2006 Page 3 1. Closed Meeting: A. Consultation with Attorney Î Under Texas Government Code Section 551.071 1. Consultation with the CityÓs attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the CityÓs northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, 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 CityÓs attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the CityÓs legal position in any administrative proceedings or potential litigation. 2. Considered and discussed status of litigation styled Sheldon Bromberg v. City of Denton, Cause No. 2005-40017-362, currently pending in the 362nd District Court, Denton County, Texas. 3. Consultation with the CityÓs attorneys regarding legal issues pertaining to the place of business of an entity for determining sales tax liability, and related legal issues. A public discussion of these legal matters would conflict with the duty of the CityÓs attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the CityÓs legal position in any administrative proceedings or potential litigation. Item 2 of the Closed Session was not considered. Closed Session ended at 6:31 p.m. Regular Meeting of the City of Denton City Council on Tuesday, April 4, 2006 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. Recognition of the receipt of the National Arbor Day Foundation's Tree City USA award presented by the Texas Forest Service to the City of Denton. City of Denton City Council Minutes April 4, 2006 Page 4 Courtney Blevins, Texas Forest Service, presented the National Arbor Day FoundationÓs Tree City award. Mayor Brock presented proclamations for Denton Redbud Festival Day and Sexual Assault Awareness Month. 3. CONSENT AGENDA Mayor Brock indicated that Items O and P would be pulled for separate consideration. Item F was pulled from consideration. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items O and P. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. A. 2006-087 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival; providing for the expenditure of funds therefor; and providing an effective date. B. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Louy, Jay & Stephanie Overpayment 2005 $ 7,953.11 2. Cycle Center of Denton Duplicate Payment 2005 $ 2,713.63 3. Baker Distributing Co Overpayment 2005 $ 2,326.69 4. Dinsmore, Gerald Overpayment 2005 $ 1,802.06 5. Presbyterian Hospital of Denton Duplicate Payment 2005 $ 1,186.82 6. Presbyterian Hospital of Denton Duplicate Payment 2005 $ 1,140.35 7. Glendora Management LLC Duplicate Payment 2005 $ 957.82 8. Glendora Management LLC Duplicate Payment 2005 $ 860.61 9. Glendora Management LLC Duplicate Payment 2005 $ 860.61 10. First American Title Ins/Pearson, Duplicate Payment 2005 $ 699.76 Douglas 11. First American/Hardesty, Gerald Duplicate Payment 2005 $ 615.45 & Susan 12. Citi Mortgage Inc Duplicate Payment 2005 $ 503.99 C. 2006-088 - An ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a crematorium for the Animal Shelter can be replaced; declaring an emergency and amending the 2005-06 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs Î $90,000) D. 2006-089 - An ordinance providing for the expenditure of funds for the emergency purchase of a replacement crematorium for the Animal Services Department in accordance with provisions of State Law exempting such City of Denton City Council Minutes April 4, 2006 Page 5 purchases from requirements of competitive bidding; and providing an effective date (File 3491 Î Emergency Purchase of Animal Services Crematorium awarded to FC Industries, Inc. in the amount of $75,004). E. 2006-090 - An ordinance of the City of Denton, Texas approving the First Amendment to Interlocal Cooperation Agreement by and between the DCTA and the City of Denton for the ELAP Program dated January 1, 2004; authorizing the Mayor to execute and deliver said First Amendment; accepting and recognizing that certain Letter of Understanding dated March 14, 2006, issued to the City by the Executive Director of the Denton County Transportation Authority; providing for the expenditure of funds therefor; and providing an effective date. The Mobility Committee recommended approval. F. This item was not considered G. 2006-091 - An ordinance approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Corinth, Texas to provide gas well inspection services; and providing an effective date. The Public Utilities Board recommended approval (5-0). H. R2006-010 - A resolution authorizing the City of Denton, as Trustee, to sell certain real property; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to section 34.05 of the Texas property tax code; and providing for an effective date. I. 2006-092 - An ordinance accepting competitive bids and awarding a two year contract for Mowing for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3463 Î Two Year Contract for Mowing awarded to the lowest responsible bidder, for each section, in the annual estimated amount of $299,368.22). J. 2006-093 - An ordinance accepting competitive bids and awarding an annual contract for park land maintenance products; providing for the expenditure of funds therefor; and providing an effective date (Bid 3468 Î Annual Contract for Park Land Maintenance Products awarded to the lowest responsible bidders as listed on Exhibit A for each section in the annual estimated amount of $45,000.) K. 2006-094 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of eleven refuse trucks, a scraper, a vacuum excavation system, and a Unimog for the City of Denton Solid Waste Department, and a dump truck for Water Distribution by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3484 Î Interlocal Agreement for the purchase of Refuse Trucks and Heavy Equipment for Solid Waste Department and Water Distribution awarded to Holt CAT in the City of Denton City Council Minutes April 4, 2006 Page 6 amount of $564,740.00, Rush Peterbilt Dallas in the amount of $1,194,114.00, Freightliner of San Antonio, LTD. in the amount of $223,971.00, Earle Kinlaw Associates, Inc. in the amount of $40,567.30, and McNeilus Truck and Manufacturing in the amount of $749,461.00, for a total award of $2,772,853.30). The Public Utilities Board recommended approval (7-0). L. 2006-095 - 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 one motor pool replacement vehicle each for the City of Denton Electric Operations, Drainage, Water Production and Wastewater Biosolids Divisions by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3485 Î Interlocal Agreement for the purchase of Fleet Vehicles for Electric Operations, Drainage, Water Production and Wastewater Biosolids with H-GAC awarded to Philpott Ford in the amount of $55,238, and to Romco Equipment in the amount of $585,280 for a total award of $640,518). The Public Utilities Board recommended approval (7-0). M. 2006-096 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a 12 cubic yard dump truck with OX dump body and a 2.5 cubic yard wheel loader for the City of Denton Street Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3486 Î Interlocal Agreement for the purchase of 12 Cubic Yard Dump Truck awarded to Rush Peterbilt Dallas in the amount of $93,295, and 2.5 Cubic Yard Wheel Loader awarded to Holt CAT in the amount of $145,900 for a total award of $239,195). N. 2006-097 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Booziotis and Company Architects to provide architectural services for the design of the South Branch Library Expansion and redesign of the existing parking lot; authorizing the expenditure of funds therefor; and providing an effective date (File 3407 in an amount not to exceed $126,925). O. 2006-098 - An ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a contract may be awarded for the construction of Fire Station 7 and the purchase of a fire engine; declaring an emergency and amending the 2005-06 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs Î $1,000,000) P. 2006-099 - An ordinance accepting sealed competitive proposals and awarding a contract for the construction of Fire Station # 7; providing for the expenditure of funds therefor and providing an effective date (RFSCP 3458 Î Fire Station #7 awarded to Hisaw and Associates in an amount not to exceed $3,441,460). City of Denton City Council Minutes April 4, 2006 Page 7 Q. 2006-100 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ten Mobil Vision In- Car Digital Recording Systems for the City of Denton Police Department, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3489 Î to L-3 Communications Mobile Vision, Inc. in the amount of $58,059). Council Member Mulroy left the meeting with a conflict of interest. Item O was considered. Jon Fortune, Assistant City Manager, stated that this was a mechanism to reimburse current funds by issuing certificates of obligation in next bond sale, which was scheduled in May. Kamp motioned, McNeill seconded to approve Item O. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. Item P was considered. Ross Chadwick, Fire Chief, stated that this item was for the construction contract for Fire Station #7. Staff had performed a comprehensive selection process for selection of this contractor. They had agreed on a time frame and contract price with the selected bidder. Kamp motioned, McNeill seconded to approve Item P. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐnayÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried with a 5-1 vote. Council Member Mulroy returned to the meeting. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered a request for an exception to the Noise Ordinance for the purpose of a music festival, Fry Street Fair, conducted by Delta Lodge, in the area of Fry Street, behind Lucky LouÓs, and the backyard of the Delta Lodge. The event is to be on Saturday, April 22, 2006, from 12:00 p.m. to 9:00 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival from 70 decibels to 75 decibels. Charles Wiley, Police Chief, indicated that the Police Department had requested that the music end at 8:00 p.m. for security reasons and to disband the crowd. The Delta Lodge was requesting that the music end at 9:00 p.m. to allow for a better opportunity to provide a more favorable Fair to their customers. They were also requesting an increase in the noise level from 70 to 75 decibels. Amplified sound would be used for both music and public announcements. City of Denton City Council Minutes April 4, 2006 Page 8 Council discussion Î What was the staff assessment of the level of cooperation with Delta Lodge Î Staff responded it was more than in previous years. Were there any outstanding debts from the prior year left to pay Î The Lodge needed to th prepay UNT by April 10 in order to use UNT parking lots this year. There were no other outstanding debts. What was the decibel level last year Î Staff responded it was 70 last year with a request for 75 this year. Mark Teich, 1305 W. Oak, Denton 76201, spoke in favor of the request. Council continued discussion - The wording of the agenda item indicated that there would be an increase in allowable decibels from 70-75. Staff had determined that the level was the same as last year so no new ground was being broken with the requested decibel level. The main issue was a public safety issue Î the changing from dispersing the crowd from dusk to dark with more potential problems with dispersing the crowd in the dark. Mulroy motioned, McNeill seconded to approve the variance subject to the public safety issue of the permit. The hours of the event would be 12 noon - 9:00 p.m. with 75 decibels allowed for the music. Delta Lodge would still need to work with the Fire MarshalÓs office for required permits. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. B. The Council considered nominations/appointments to the CityÓs Boards and Commissions. Mayor Pro Tem McNeill nominated Charles Brown to the Airport Advisory Board. He asked that the Council consider waiving the rules and voting on the nomination at this meeting. McNeill motioned, Montgomery seconded to suspend Council rules and vote on the nomination at this meeting. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. McNeill motioned, Mulroy seconded to approve the nomination of Charles Brown to the Airport Advisory Board. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. Council Member Montgomery nominated Bob Ralph to the Construction Advisory and Appeals Board. City of Denton City Council Minutes April 4, 2006 Page 9 Council Member Kamp nominated Alyson Coe to the Parks, Beautification and Recreation Board. Mayor Pro Tem McNeill nominated Philip Jordan to the Zoning Board of Adjustment as an alternate. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council received citizen reports from the following: A. Bob Clifton regarding city business. Mr. Clifton indicated that the City Council needed to hire a consulting firm to hire a new city manager. He spoke on the storm drainage fee. He requested information on an explanation on information he received from a previous open records request. B. Anna Campbell regarding a noise variance and time extension for the Fry Street Fair. Ms. Campbell did not speak. C. Connie C. Williams regarding Utility and Solid Waste charges. Ms. Williams spoke on utility charges recently added regarding solid waste charges. She was a resident of Primrose Apartments. The residents of Primrose live on fixed incomes. They had their own waste disposal system and did not need city services. She felt it was an invalid charge and requested that the residentÓs bills be reduced by 20% and not have any solid waste charges. D. Peggy LaPoint regarding Planning Department Procedures. Ms. LaPoint spoke on the overlay zoning for the Unicorn Lake area. All of the brush and trees had been removed from the property. The developer did not have a clear-cut permit. She felt there was a serious flaw in the regulations on environmental protection for the city. She suggested there be a staff member to assist with such matters. E. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. F. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. G. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. City of Denton City Council Minutes April 4, 2006 Page 10 H. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. I. Gerald DeMarsh regarding issues with the Denton Police Department. Mr. DeMarsh stated that in law enforcement not everyone was perfect. He had a theft of property with nothing ever recovered. He felt people in the police department and police officers should not continue employment if they did not produce results. D. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Mulroy requested a follow up on Ms. WilliamsÓs citizen report on utility service to Primrose Apartments. 2. Council Member Mulroy requested a follow up on Ms. La PointÓs citizen report on clearing and grading with a synopsis on events and potential Development Code problems. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have anything for Council. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. G. 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. With no further business, the meeting was adjourned at 8:00 p.m. __________________________ ____________________________ EULINE BROCK JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEAS CITY OF DENTON, TEXAS