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Minutes February 21, 2006 CITY OF DENTON CITY COUNCIL MINUTES February 21, 2006 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Tuesday, February 21, 2006 at 3:37 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. Closed Meeting: A. Consultation with Attorney Î Under Texas Government Code Section 551.071 1. Consulted 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. B. Consultation with the City Attorney Î Under TEXAS GOVERNMENT CODE Section 551.071, Deliberations regarding economic development negotiations Î Under TEXAS GOVERNMENT CODE Section 551.087, and Deliberations regarding certain real property Î Under TEXAS GOVERNMENT CODE Section 551.072. 1. Consulted with the CityÓs attorneys regarding legal issues associated with the right-of-way dedication or acquisition for and the construction of a portion of Lakeview Blvd by Holigan Land Development where 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. Deliberate the purchase and value of the real property to be dedicated or acquired. Deliberate and discuss commercial or financial information received from a business prospect, Holigan Land Development, and offers of financial or other incentives to the business prospect, for the purposes of economic development negotiations regarding its development, the Villages of Carmel. City of Denton City Council Minutes February 21, 2006 Page 2 C. Consultation with Attorney Î Under Texas Government Code Section 551.071 and Deliberations regarding Real Property Î Under Texas Government Code Section 551.072 1. Received a confidential presentation by staff relating to assignments of a commercial airport operatorÓs lease between JVC Real Estate, L.L.C. and 4845 LOCKHEED ASSOCIATES, LTD. and subsequent assignments and subleases to JVC Hangars, L.L.C., and consultations with the CityÓs attorneys regarding legal issues regarding the approval of a fractional interest concept which subdivides the JVC Real Estate, L.L.C. lease into three units. 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. D. Consultation with Attorney Î Under Tex. GovÓt Code £551.071. 1. Considered and discussed status of litigation styled McFarling, et al. v. City of Denton, Cause No. 2006-10032-16, currently pending in the 16th District Court of Denton County, Texas E. Deliberation regarding Personnel Matters Î Under TEXAS GOVERNMENT CODE Section 551.074. 1. Deliberated and discussed the evaluation of the City Attorney, the Municipal Court Judge, and the City Manager, including a discussion of performance measures for and the duties of the City Council appointees. Following the completion of the Closed Session at 5:47 p.m., the Council convened in a Work Session to discuss the following: 1. The Council received a report by the Certified Public Accountants firm of KPMG, LLP and held a discussion regarding the annual independent financial audit. Diana Ortiz, Chief Financial Officer, stated that the Audit Committee had reviewed the reports and had made a recommendation for a few changes to the Letter to Management. Angela Dunlap, KPMG, LLP, stated that the audit report was composed of three components, the Comprehensive Annual Financial Report, Management Letter and Single Audit. The audit expressed opinions on the CityÓs financial statements, performed a single audit for federal monies and developed a Management Letter, which contained the auditorÓs recommendations to the City regarding specific areas for improvement. Their report was unqualified with no material weaknesses. They had had a good dialog with the Audit Committee. 2. The Council received a report, held a discussion and gave staff direction on a proposed voluntary annexation of land for approximately 3,441.727 acres in the southwest portion of the CityÓs ETJ. The subject property was generally located west of I-35 West, south of Tom Cole Road and east of C. Wolfe Road and extends south of F.M. 2499 approximately 5,400 feet. (A06-0001, Cole Ranch) City of Denton City Council Minutes February 21, 2006 Page 3 Kelly Carpenter, Director of Planning and Development, stated that at a prior meeting, Council had given staff direction for an aggressive annexation schedule for this property. Staff had prepared such a schedule for council consideration. Consensus of the Council was to proceed with the proposed schedule. 3. The Council received a report, held a discussion and gave staff direction on a proposed fractional ownership concept as a development tool for the Airport and as it affects the approval process for subleases, transfers and assignments at the Denton Airport. City Attorney Snyder stated that there was a corresponding item on the Consent Agenda regarding this proposal. Two policy decisions needed to be made by the Council. One was whether to approve this type of project with fractional ownership and the other was who would have the authority to enter into these subleases. Currently the ordinance was written for the Airport Advisory Board to have that authority. The council would need to pull this item off the Consent Agenda and motion a modification if it wanted the City Manager to have that authority instead of the Airport Advisory Board. 4. The Council received a report, held a discussion and gave staff direction regarding gas well revenue, including a proposed audit of gas well proceeds, and potential uses of gas well revenue. This item was not considered. 5. The Council received a report, held a discussion, and gave staff direction on compensation to the extent the discussion included information on confidential competitive public power information pertaining to DME salaries and policies, the Council reserves the right to convene into a closed session, in compliance with Texas Government Code §551.086 - DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. Carla Romine, Director of Human Resources, stated that on February 3, 2006, Council had received a detailed overview on compensation and classification. She reviewed the non-civil service plan highlights including when the current plan was implemented, the open range system, the market bands and the changes in the market bands with the market-spread difference. The civil service plan highlights were noted with step ranges and classifications on each pay plan. Developing a competitive compensation program included classification programs, market analysis and a performance management program. The classification program involved a point fact evaluation with 11 broad categories. Jobs were re-evaluated based on internal and external factors including technology advances, industry changes, organizational needs and incumbentÓs capabilities. The largest challenge in the classification program included internal equity throughout all of the job families. Challenges associated with market analysis included external market equity and sufficient data. She reviewed apprenticeship programs and progression plans. Council discussed the need to have a measured way to put employees first during budget discussions and the consideration of a percentage every year of a merit pool as an incentive for advancement for long-term employees. Consensus of the Council was to continue the process as presented. City of Denton City Council Minutes February 21, 2006 Page 4 6. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for February 21, 2006. It was noted that Item 3P would be considered separately. A modification of the minutes of January 23, 2006 was suggested relative to the infill discussion. Regular Meeting of the City of Denton City Council on Tuesday, February 21, 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 Mayor Brock presented a proclamation for Severe Weather Awareness Week. B. February Yard-of-the-Month Awards Mayor Brock presented the Yard of the Month award to Carlos and Sylvia DeLouis. 3. CONSENT AGENDA Mayor Brock indicated that Item 3P would be pulled for separate consideration. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item 3P. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. Item 3P was considered McNeill motioned, Heggins seconded to amend Section 4 of the ordinance to replace the Airport Advisory Board with the City Manager. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. A. 2006-052 - An ordinance of the City Council of the City of Denton, Texas authorizing the city manager to execute a contract with Gila Corporation, D.B.A. Municipal Services Bureau, for collection services relating to the collection of Municipal Court fines in accordance with the Code of Criminal Procedure; providing for retroactive effect; and providing an effective date. B. 2006-053 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and City of Denton City Council Minutes February 21, 2006 Page 5 providing an effective date (Bid 3445 Î Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $800,000). The Public Utilities Board recommended approval (6-0). C. 2006-054 - An ordinance accepting competitive bids and awarding a two year contract for the purchase of Traffic Signals for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3443 Î Two Year Contract for Traffic Signals awarded to the lowest responsible bidder for each item in the annual estimated amount of $105,000). D. 2006-055 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a change order to the contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of 35, 65, and 95 gallon refuse carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3394 Î Purchase of Refuse Carts at the new H-GAC contract prices shown in Exhibit A in the estimated amount of $91,558.47). The Public Utilities Board recommended approval (6-0). E. 2006-056 - An ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio; providing for the expenditure of funds therefor; and providing an effective date (Ordinance No. 2005-192; RFSP 3324 Î Architectural Design Services for Fire Station #7 awarded to James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio in the not to exceed amount of $250,000 and Change Order One in the amount of $68,117.50 for a total amount of $318,117.50). F. 2006-057 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of Tires and Tubes as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS- GSA-26 I); providing for the expenditure of funds therefor; and providing an effective date (File 3461 Î Tires and Tubes awarded to GrayÓs Wholesale Tire Distributors, Inc. in the estimated amount of $150,000). G. 2006-058 - An ordinance awarding a contract for the purchase of materials, supplies, or services necessary for the purchase and maintenance of Oracle Database Enterprise Edition licenses and software support as approved by the State of Texas General Services Commission Department of Information Resources (DIR); providing for the expenditure of funds therefor; and providing an effective date (File 3472 Î Purchase of Oracle Software awarded to Mythics, Inc. in the amount of $30,532). The Public Utilities Board recommended approval (6-0). H. 2006-059 - An ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a best value four year contract for patient care City of Denton City Council Minutes February 21, 2006 Page 6 reporting and emergency medical services (EMS) billing for the City of Denton Fire Department; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3403 Î Emergency Medical Services (EMS) Billing awarded to Intermedix, Inc.). I. 2006-060 - An ordinance of the City Council of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. J. 2006-061 - An ordinance of the City Council authorizing the City Manager to execute a professional services agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 06-D providing for a Cash Working Capital Study for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). K. 2006-062 - An ordinance of the City of Denton, Texas authorizing the Interim 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 Docket No. 31540; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. The Public Utilities Board recommended approval (6-0). L. 2006-063 - An ordinance of the City of Denton, Texas authorizing the Interim 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 the CityÓs compliance with electric transmission service rules, and related rulemaking, proceedings, or any project relating thereto; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. The Public Utilities Board recommended approval (6-0.) M. R2006-006 - A resolution of the City Council of the City of Denton, Texas supporting the Denton Police Department Training Academy license renewal; and providing an effective date. N. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Justin Industries DCAD Supplemental Change 2004 $12,966.28 (value change per Court Order) 2. Justin Industries DCAD Supplemental Change 2005 $ 9,063.64 (value change per Court Order) 3. Westgate Veterinary Hospital Duplicate Payment 2005 $ 1,961.22 City of Denton City Council Minutes February 21, 2006 Page 7 Tax Name Reason Amount Year 4. Countrywide Home Loans/ Duplicate Payment 2005 $ 1,432.95 James Gumfory 5. US Dept of Housing & Urban Duplicate Payment 2004 $ 948.47 Dev/ABN Mortgage Group Inc 6. Countrywide Home Loans/ Duplicate Payment 2005 $ 811.78 Tara Gregory 7. Colonial Savings/Robert & Duplicate Payment 2005 $ 758.76 Leann French 8. Countrywide Home Loans/ Duplicate Payment 2004 $ 615.13 Anna Martinez 9. Heidi Lewis Duplicate Payment 2005 $ 549.65 O. Approved the minutes of: January 23, 2006 January 30, 2006 P. 2006-064 - An ordinance approving assignments of a certain commercial airport operatorÓs lease between JVC Real Estate, LLC and 4845 Lockheed Associates, Ltd. and approving a subsequent assignment and sublease from 4845 Lockheed Associates, Ltd. to JVC Hangars, LLC; approving a fractional interest concept which subdivides the JVC Real Estate, LLC lease into three separate units allowing a partial transfer, sublease and assignment of these units subject to all improvements complying with applicable City Code requirements; delegating to the Airport Advisory Board the authority to approve assignments from JVC Hangars, LLC or any successor in interest of the fractional units; and providing an effective date. The Airport Advisory Board recommended approval (4-2). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance ordering a special election to be held in the City of Denton, Texas, on May 13, 2006 to fill a vacancy in Place 4 for the unexpired term ending in May, 2007, and if a runoff election is required, on June 17, 2006, for the purpose of electing a council member to Place 4 of the City Council of the City of Denton, Texas; designating a voting place; appointing election officials, providing for early voting; providing for bilingual notice of the special election, ordering that an electronic voting system be used, providing an open meetings clause, and providing an effective date. The following ordinance was considered: NO. 2006-065 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 13, 2006 TO FILL A VACANCY IN PLACE 4 FOR THE UNEXPIRED TERM ENDING IN MAY, 2007, AND IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 17, 2006, FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO PLACE 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING A VOTING PLACE; APPOINTING ELECTION OFFICIALS, PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL City of Denton City Council Minutes February 21, 2006 Page 8 NOTICE OF THE SPECIAL ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. 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 adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a professional services agreement with the Messer Law Firm for professional legal services relating to litigation styled McFarling, et al. v. City of Denton, Cause No. 2006-10032-16, currently pending in the 16th District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Council Member Mulroy left the meeting with a conflict of interest. The following ordinance was considered: NO. 2006-066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE MESSER LAW FIRM FOR PROFESSIONAL LEGAL SERVICES RELATING TO LITIGATION STYLED MCFARLING, ET AL. V. CITY OF DENTON, CAUSE NO. 2006-10032-16, CURRENTLY PENDING IN THE 16TH DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously. C. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs, execute a grant agreement and take all other actions necessary to implement an Emergency Shelter Grant program; and providing for an effective date. Council Member Thomson and Montgomery left the meeting with conflicts of interest. The following ordinance was considered: NO. 2006-067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, EXECUTE A GRANT AGREEMENT AND TAKE ALL OTHER ACTIONS NECESSARY TO City of Denton City Council Minutes February 21, 2006 Page 9 IMPLEMENT AN EMERGENCY SHELTER GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, and Mayor Brock ÐayeÑ. Motion carried unanimously. Council Members Mulroy, Thomson and Montgomery returned to the meeting. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council received citizen reports from the following: A. Nita Acton regarding lost revenue due to wastewater run around. Ms. Acton stated that she had previously requested to have her septic system sludge business use the cityÓs site for a dumping station. To date, she has not been able to do so and felt that she was receiving the run around to her request. Currently they were required to haul the waste to Fort Worth. She asked the council to look into the issue, as it would be a great source of revenue for the city. B. Robert Donnelly regarding drainage problems. Mr. Donnelly wanted the council to be aware of a drainage problem he had with a neighboring development. He felt the drainage issue would worsen due to the intended expansion of the development. He was getting increased runoff into his detention pond that had overflowed three times in the last several months even with the drought situation currently being experienced. He asked council to direct staff not to approve any new plans until the drainage situation was corrected. C. Tomasa Garcia regarding Federacion Latino-Americana de Futbol Soccer. Ms. Garcia was not present at the meeting. D. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. 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. City of Denton City Council Minutes February 21, 2006 Page 10 Ms. Hudspeth was not present at the meeting. H. Nell Yeldell regarding Black history. Ms. Yeldell was not present at the meeting. I. Bob Clifton regarding city business. Mr. Clifton showed pictures of dumpsters near the University that were overflowing and needed to be emptied. He also showed pictures of water towers in the city that needed to be painted. He showed pictures where the city had placed a dumpster in his parking lot and would not place it on city right-of-way property. J. (John) Koo-Hyun Kim regarding Municipal Court issue. Mr. Kim was not present at the meeting. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Mulroy requested an update on the concerns expressed during the citizen reports. 2. Mayor Pro Tem McNeill requested a report from the joint City/DISD committee on the natatorium. 3. Council Member Heggins indicated that a group of musicians wished to erect a statue for Pops Carter. She requested information on how to obtain a permit to do so and where it could be placed. F. 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 any items for Council. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Brock indicated that Council would continue with the Closed Session items listed at the beginning of the agenda. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action from the Closed Session. City of Denton City Council Minutes February 21, 2006 Page 11 With no further business, the meeting was adjourned. _____________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS