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Minutes February 7, 2006 CITY OF DENTON CITY COUNCIL MINUTES February 7, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 7, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and provided direction on the proposed designation of a prominent thoroughfare as the Dr. Martin Luther King, Jr. Memorial Highway. Mark Nelson, Chief Transportation Officer, stated that in early November staff presented a work session item regarding the renaming of Morse Street to Martin Luther King, Jr. At that meeting staff was directed to look at other options for a street that went through the entire city. Staff looked at streets coming on line, I-35 and Loop 288. The Council Mobility Committee suggested Loop 288 Memorial Loop. To make that designation, Council could have to approve a resolution and forward it to the Regional TxDot office with appropriate applications and forms to facilitate discussion at the Regional Office. Upon approval from the Regional Office, the request would be directed to the Austin TxDot office for approval. Once granted on that level, the City would be able to use that designation. A memorial designation did not affect postal codes or 911 designations. Businesses and residences along the Loop would not have to change addresses. A public hearing process would be held for citizen input. The process through TxDot would take approximately 2 months and if approved from Austin, the City would have to wait 90 days after approval to change the designation. Council discussion ? Designate Loop 288 from I-35E to University Drive as it was a better focus and was more in line with other designated highways that looked only at a portion of the roadway. This would not be a renaming Loop 288. It would be a memorial designation. More information was needed on different scenarios of fiscal implications for signs. Consider at least two public hearings with four to five scenarios for public consideration. The proposal did not have to go to the Planning and Zoning Commission, as it was not a name change but rather a designation. Consider a first stage of holding a public hearing at the Planning and Zoning Commission. It would be a good way to hold one of the public hearings. After the public hearing, the Planning and Zoning Commission could make a recommendation to Council. Council Member Heggins indicated that she was not in favor of having the proposal go the Planning and Zoning Commission. Consensus of the Council was to forward the proposal to the Planning and Zoning Commission for a public hearing. 2. The Council received a report, held a discussion and provided direction regarding response time commitments for customer requested electric meter connects and disconnects. City of Denton City Council Minutes February 7, 2006 Page 2 Sharon Mays, Director of Electric Utilities, stated currently it was DME?s internal goal to provide same day response to customers making a qualified request for connection or disconnection of their electric meter. This was not a formal policy that was reviewed and approved by either the Public Utilities Board or the City Council. After examination of the issue by the DME Metering Division and the Customer Service Department it was suggested that a next business day response commitment was appropriate. The time frame for the next day policy would allow for connection/disconnection no later than the end of the second business day from the date Customer Service issued a customer confirmation number. Unusual circumstances might lengthen the time period. Council discussion ? Was there an option for payment of overtime for a customer to pay for same day service? Mays replied yes at the City Hall in the Mall location, a customer could pay an additional fee to get same day turn on if after hours. This option could be extended to customers coming in during the day. Consider having one fee to apply to same day service either for connects or disconnects. Had the Public Utilities Board approved this proposal? Mays replied yes. They noted that the proposal would add flexibility to the process and allow extension of response times under unusual circumstances Consensus of the Council was to proceed with the recommendation 3. The Council received a report, held a discussion and gave staff direction concerning a Master Development Zoning District and the definition of a master plan development. Kelly Carpenter, Director of Planning and Development, stated that several months ago staff became aware of a large development coming through the development process. The proposed development would require a master plan community-zoning district. Staff researched different areas in the country with master development zoning districts and developed a first draft of a potential method to set standards for a master development zoning district. The concept envisioned a phasing plan, renewal look at the plan every five years to see if it were still viable, developer agreements as part of the ordinance on who would pay for what and set the process for major/minor amendments. Council discussion ? This type of district made sense due to current proposed zoning in the works. This would apply to large developments such as 300-400 acres in size. There needed to be a rationale on the size of developments to use this zoning tool. If the acreage were set high, there would be a need to have a mechanism for a smaller development to work through the process. Determine a reason other than development size for a proposal to fit into a master development-zoning district. Consensus of Council was to proceed with the proposal. 4. The Council received a report, held a discussion, and gave staff direction regarding Denton?s 2007 Congressional Priority Project requests. City of Denton City Council Minutes February 7, 2006 Page 3 Betty Williams, Executive Administrator, presented the 2007 congressional priority project requests. Both the Senate and House were currently calling for projects and earmarking projects for funding. Denton?s top priority was the west Loop 288 extension. The second top priority project was security and safety enhancements at the Denton Municipal Airport. The third suggested project was downtown development projects for sidewalks around Square and the final suggested project was the public safety training facility with technology needs. Consensus of the Council was to proceed with the priorities as listed. 5. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for February 7, 2006. It was noted that Item V on the Consent Agenda would be pulled and discussed further at a future work session. Item H would be pulled from consideration, as the contract was not completed. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:05 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. Consulted with the City?s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City?s 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 City?s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. B. Deliberations regarding Real Property ? Under Texas Government Code Section 551.072. 1. Received a confidential presentation by staff relating to the Real Estate Exchange and Purchase Agreement by and between Westpark Group, L.P. and BC Rail Spur L.P. and the City of Denton, Texas regarding the sale and exchange of title to and interests in several tracts of real property located in Abstracts No. 996, 1040 and 1285 in the City of Denton, Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, February 7, 2006 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes February 7, 2006 Page 4 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 recognized Boy Scout Troop #366 in the audience. 3. CONSENT AGENDA Mayor Brock indicated that Items 3H and 3V were pulled from consideration. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items H and V. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2006-030 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Historical Commission for entertainment for John B. Denton Day; providing for the expenditure of funds therefor; and providing an effective date. B. 2006-031 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Emergency Medical Services Professional Liability Insurance coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3459 ? Annual Contract for Emergency Medical Services Professional Liability Insurance awarded to Higginbotham & Associates in the annual amount of $26,604.83). C. 2006-032 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of a calcium hypochlorite feeder and tablets for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3442 ? Annual Contract for Calcium Hypochlorite Feeder and Tablets for the City of Denton Aquatic Center awarded to Aqua-Rec, Inc. in the estimated annual amount of $29,300). D. 2006-033 - 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 a street sweeper for the City of Denton Drainage Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3453 ? Interlocal Agreement for Street Sweeper with H-GAC awarded to TYMCO International, LTD in the amount of $181,640.40). The Public Utilities Board recommended approval (6- 0). City of Denton City Council Minutes February 7, 2006 Page 5 E. 2006-034 - An ordinance authorizing the financing of fleet vehicles and equipment for various city utility departments through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3446 ? Third Party Lease Purchase of Utility Vehicles and Equipment, approximate finance charges of $204,184.70). The Public Utilities Board recommended approval (6-0). F. 2006-035 - 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 twelve vehicles for various utility departments and one vehicle for General Government by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3454 ? Interlocal Agreement for Fleet Utility Vehicles with H-GAC awarded to Philpott Ford in the amount of $293,969). The Public Utilities Board recommended approval (6-0) for the 12 Utility vehicles. G. 2006-036 - An ordinance accepting competitive bids by way of an Interlocal Agreement with the City of Carrollton and awarding a contract for the purchase of police motorcycles; providing for the expenditure of funds therefor; and providing an effective date (File 3456 ? Interlocal Agreement for Police Motorcycles with the City of Carrollton, contract awarded to American Eagle Harley Davidson in the amount of $32,000). H. PULLED-An ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a best value four year contract for patient care 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 ? Emergency Medical Services (EMS) Billing awarded to Intermedix, Inc.). I. 2006-037 - An ordinance amending Chapter 29 of the Code of Ordinances of the City of Denton, Texas to provide for the adoption of the International Fire Code, 2003 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000 for violations thereof; providing for a severability clause repealing all ordinances in conflict therewith; and providing for an effective date. J. 2006-038 - An ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2003 International Building Code, 2003 International Residential Code for one and two family dwellings, 2003 International Fuel Gas Code, 2003 International Plumbing Code, and the 2003 International Mechanical Code all published by the International Code Council; regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; providing for the condemnation of buildings and structures unfit for human occupancy, providing for the regulation and governing of the construction, altering, movement, City of Denton City Council Minutes February 7, 2006 Page 6 enlargement, replacement, repair, equipment location, removal and demolition of detached one and two family dwellings and multiple single family dwellings not more than three stories in height with separate means of egress; providing the regulation and governing of the design construction, quality of materials, erection, installation, alteration, repairs, location, relocation, replacement, addition to, use or maintenance of plumbing and mechanical systems in the City of Denton, Texas; providing for the regulation and governing of fuel gas systems and gas fired appliances; providing for the issuance of permits and collection of fees thereof; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $2,000.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. K. 2006-039 - An ordinance amending Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, (?Electrical Code?) by repealing the 1999 National Electrical Code with certain amendments and providing for the adoption of the 2005 National Electrical Code with certain deletions and amendments; providing for a penalty in the amount of $2000.00 for violations thereof; and providing for an effective date. L. 2006-040 - An ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2003 International Energy Conservation Code, all published by the International Code Council; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $500.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. M. 2006-041 - An ordinance approving and authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton, Texas and the County of Denton, Texas for the rental of voting machines and equipment and the purchase of voting supplies for the May 13, 2006 election; and providing an effective date. N. 2006-042 - An ordinance ordering an election to be held in the City of Denton, Texas, on May 13, 2006, and, if a runoff election is required, on June 17, 2006, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas, designating voting places and appointing election officials, providing for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date. O. 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) City of Denton City Council Minutes February 7, 2006 Page 7 Tax Name Reason Amount Year 3.Matthew Lawler Duplicate Payment 2005$ 3,534.58 4. Matthew Lawler Duplicate Payment 2004 $ 2,955.28 5.First Horizon/Jerry & Linda Duplicate Payment 2005$ 1,346.60 Fowler 6. AMC Mortgage/David & Melissa Duplicate Payment 2005 $ 998.30 Cox 7.William G Wilson, Jr. Overpayment 2004$ 818.28 8. Brian & Keri Daskam Duplicate Payment 2005 $ 592.36 9.Robson Denton Dev LP DCAD Supplemental Change 2005$ 588.42 (value change) P. Approved the minutes of: January 3, 2006 January 10, 2006 January 17, 2006 Q. 2006-043 - An ordinance authorizing the City Manager to pay a third-party funded change order to the Texas Department of Transportation (?TxDOT?) pursuant to the Local Transportation Project Advance Funding Agreement by and between the City of Denton, Texas and the Texas Department of Transportation; said change order being in the amount of $56,771.42, regarding the off-system bridge replacement project located in the city of Denton, Texas at Frame Street on Pecan Creek, for the wastewater line relocation to be performed by the TxDOT contractor; providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommended approval (4-0). R. 2006-044 - An ordinance authorizing the abandonment of a 0.089 acre drainage easement tract recorded in Volume 4863, Page 1450 of the Real Property Records of Denton County, Texas and the abandonment of a 0.381 acre drainage easement tract, being a portion of the 7.39 acre public drainage and detention easement recorded in Volume 4863, Page 1455 of the Real Property Records of Denton County, Texas, both being situated in the A. Hill Survey, Abstract No. 623. The Public Utilities Board recommended approval (6-0). S. 2006-045 - An ordinance of the City Council of the City of Denton, Texas 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-C; providing for the review of City Accounting Systems used to support Utility and Solid Waste Functions; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). T. 2006-046 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article V entitled ?Fences?; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. City of Denton City Council Minutes February 7, 2006 Page 8 U. 2006-047 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article VI entitled ?Certain Parking Regulations?; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. V. PULLED-An ordinance approving assignments of a certain commercial airport operator?s 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; 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 recommends approval (6-0). W. 2006-048 - An ordinance authorizing the City Manager to execute a real estate exchange and purchase agreement by the City of Denton, Texas with the Westpark Group, L.P. for the city?s fee acquisition of 6.889 acres of land in Abstracts No. 1040 and 1285; for the fee acquisition of a 0.8163 acre tract of land in Abstract No. 996; for the acquisition of a city access easement of 3.874 acres of land in Abstract No. 1040; for the acquisition of electric utility easements totaling 15.11 acres of land in Abstracts No. 996, 1040, and 1285; the acquisition of temporary construction easements totaling 11.001 acres of land in Abstracts No. 996, 1040, and 1285, for the acquisition of a street right-of-way donation deed for a .638 acre tract of land in Abstract No. 1040; the fee disposal by the City of Denton of tracts of land totaling 3.245 acres in Abstract No. 996; in which real estate and purchase agreement wherein BC Rail Spur, L.P. grants to the City of Denton a non-exclusive rail spur usage right to use the existing railroad spur for the future consideration therein expressed, that is north of and adjacent to the 6.889 acre tract of land situated in Abstracts No. 1040 and 1285; authorizing the expenditure of funds therefor; and providing an effective date (The Denton West Electric Utility Project). The Public Utilities Board recommended approval (6-0). X. R2006-004 - A resolution of the City Council of the City of Denton, Texas, accepting the dedication of right-of-way for Lakeview Boulevard with the Final Plat of Villages of Carmel Phase III, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet W, Pages 640 and 641 of the Plat Records of Denton County, Texas; and providing an effective date. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for a proposed retail and office development on approximately 25 acres, located on the Northwest corner of University Drive and Old North Road intersection. The property was located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the City of Denton City Council Minutes February 7, 2006 Page 9 Development Code. The Planning and Zoning Commission recommended approval (7-0) with conditions. (ADP05-0008, The Shops at Old North) Kelly Carpenter, Director of Planning and Development, stated that at the December 6, 2005 meeting, Council had remanded the proposal back to the Planning and Zoning Commission for the applicant to address the partial nature of the plan. The applicant was requesting a deviation from the standards concerning parking areas located in front of the building. The proposal was to provide two rows of parking in front of building, additional landscaping and a berm. The Mayor opened the public hearing. Larry Reichhart, 2405 Mustang Drive, Grapevine, 76205, spoke in opposition. The berm was not in keeping with what had been done in other places in the city. Thomas Glendenning, representing the developer, spoke in favor of the proposal. Council questioned Mr. Glendenning asking him if there would be a problem delaying the proposal. Glendenning relied yes that there were letters of intent to complete. Council indicated that if the plan were approved, the development would be limited to the plan as presented. Mr. Glendenning replied that it was urgent to get the proposal approved. The Mayor closed the public hearing. Council discussion ? There appeared to still be confusion concerning what was being proposed. Council had asked for a complete development plan and the one submitted was limited to only two rows of parking. If that were accepted, that would be the only exception and the developer could not come back with other proposed exceptions. Each individual tenant could not request an alternative development plan. City Attorney Snyder indicated that the applicant could still come back with another application ? even if this council put in those types of conditions. A current council could not bind a future council. Carpenter stated that parking exceeded what was allowed in the Code and that it was impossible to determine how much parking would be needed due to documentation submitted. It was also difficult to determine if the landscaping requirements would be met per the submitted document. Glendenning stated that the developer would be selling individual pad sites to end-users. They would only be retaining the multi-retail area. There would be design restrictions on the buildings but sites would be sold to outside firms. Carpenter stated that the square footage of uses on the site plan was there in order to raise the number of trips for the five requested driveways on Highway 380. As a result, it was impossible to park the site without a garage and no garage was shown on the site plan with any additional solutions to parking. City of Denton City Council Minutes February 7, 2006 Page 10 Council noted that if the alternate development plan were approved, the development would still have to be within the Development Code. The business that developed last might not have enough parking for their building as the Code had to be followed. The Mayor reopened the public hearing. th Mulroy motioned, Kamp seconded to continue the public hearing until the March 7 Council meeting in order to obtain a better representation of what was going to happen on the site. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?nay?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance amending the Detail Plan for Country Lakes North. The subject property was within a Planned Development 174 (PD-174) zoning district and was generally located 1200 feet north of Crawford Road between I-35W and Fort Worth Drive. The Planning and Zoning Commission recommended approval (7-0). (Z05-0025, Country Lakes Subdivision) Kelly Carpenter, Director of Planning and Development, stated that the applicant was requesting approval of a detail plan amendment relative to the requirement that 33% of the garages be J- Swing or side entry. The proposed amendment would allow the developer to construct 100% from facing garages in all future single-family development. The Planning and Zoning Commission recommended approval with the conditions. The Mayor opened the public hearing. Larry Reichhart, representing the petitioner, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-321 TO AMEND THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT AND LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE AND JOHN PAINE ROAD WEST OF FORT WORTH DRIVE; 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. (Z05-0025) McNeill motioned, Heggins seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. City of Denton City Council Minutes February 7, 2006 Page 11 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the North Central Texas Council of Governments under Section 271.102 of the Local Government Code, for operational improvements at signalized intersections; providing for the expenditure of funds therefor; and providing an effective date (File 3452 ? Interlocal Agreement for Low Cost Signal Improvement Program/Thoroughfare Assessment with the North Central Texas Council of Governments in the amount of $162,000). Jim Coulter, Director of Water/Wastewater Utilities, stated that the ordinance provided an interlocal agreement with COG for timing of various traffic lights on city streets. The following ordinance was considered: NO. 2006-050 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR OPERATIONAL IMPROVEMENTS AT SIGNALIZED INTERSECTIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kamp 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. B. The Council considered approval of a resolution by the City Council of the City of Denton, Texas authorizing the Mayor to issue letters expressing support to the appropriate officials for the ?Plug-in Partners National Campaign;? authorizing the City Manager to evaluate the use of plug-in hybrid vehicles with respect to the city fleet once such vehicles become commercially available; and expressing the City?s continuous commitment to positively influencing air quality through the support of local, state and federal policies that promote flexible plug-in vehicles and other similar transportation alternatives; providing for an effective date. Katherine Barnett, Special Projects Coordinator, stated that the campaign was sponsored by the city of Austin to evaluate the use of plug in hybrid vehicles. The campaign would demonstrate to automakers that a market existed for plug-in electric vehicles. The following resolution was considered: NO. R2006-005 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO ISSUE LETTERS EXPRESSING SUPPORT TO City of Denton City Council Minutes February 7, 2006 Page 12 THE APPROPRIATE OFFICIALS FOR THE ?PLUG-IN PARTNERS NATIONAL CAMPAIGN;? AUTHORIZING THE CITY MANAGER TO EVALUATE THE USE OF PLUG-IN HYBRID VEHICLES WITH RESPECT TO THE CITY FLEET ONCE SUCH VEHICLES BECOME COMMERCIALLY AVAILABLE; AND EXPRESSING THE CITY?S CONTINUOUS COMMITMENT TO POSITIVELY INFLUENCING AIR QUALITY THROUGH THE SUPPORT OF LOCAL, STATE AND FEDERAL POLICIES THAT PROMOTE FLEXIBLE PLUG-IN VEHICLES AND OTHER SIMILAR TRANSPORTATION ALTERNATIVES; PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to approve the resolution. 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 approving a job order construction contract through an Interlocal Agreement which the City of Denton, Texas has with Denton County, Texas, with Jamail Construction Company for the design-build construction of a Household Hazardous Waste Building Processing Center at the Denton Landfill; providing for the expenditure of funds therefor; providing an effective date (File 3465; not-to-exceed $572,793). The Public Utilities Board recommended approval (6-0). Vance Kemler, Director of Solid Waste, stated that this was a new program for a curbside collection for household hazardous waste. A processing facility would be built on the landfill site to process the materials collected. The following ordinance was considered: NO. 2006-051 AN ORDINANCE APPROVING A JOB ORDER CONSTRUCTION CONTRACT THROUGH AN INTERLOCAL AGREEMENT WHICH THE CITY OF DENTON, TEXAS HAS WITH DENTON COUNTY, TEXAS, WITH JAMAIL CONSTRUCTION COMPANY FOR THE DESIGN-BUILD CONSTRUCTION OF A HOUSEHOLD HAZARDOUS WASTE BUILDING PROCESSING CENTER AT THE DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council received citizen reports from the following: City of Denton City Council Minutes February 7, 2006 Page 13 A. Gerald DeMarsh regarding the Police Department. Mr. DeMarsh stated that he had a theft at his home. He told officers who he felt had broken into his home but the detective would not respond to his request. As of date, his property had not been recovered. He requested a search warrant from the police department to recover his property. B. Nell Yeldell regarding additional charges for trash and debris and the hiring of an African American firefighter. Ms. Yeldell stated that she was in opposition to the additional charges for trash and debris to be picked up from her yard. If someone did not have a truck and could not get an item to the dump, they would have to pay an additional charge. She questioned why there were no black firefighters in the city. C. Willie Hudspeth regarding concerns of Southeast Denton. Willie stated the Council could speak to citizens during citizen reports not just sit there and not speak. He felt that the Council did not act on the concerns he had as the people he represented did not vote while the people they represented voted. He again voiced concern about not having a black firefighter. D. Jordan Hudspeth regarding concerns of Southeast Denton. Jordon Hudspeth presented a portion of a speech by Martin Luther King, Jr. She stated that she would like to be a firefighter in the city of Denton. Her grandfather should not have to pay for her to play at Eureka playground on poison wood. E. Lanisha Hudspeth regarding concerns of Southeast Denton. Lanisha Hudspeth had a portion of a speech by Dr. Martin Luther King, Jr. presented. F. Hagar Hudspeth regarding concerns of Southeast Denton. Hagar Hudspeth stated that she wanted to be a firefighter for the city of Denton and her grandfather should not have to pay for her to play at Eureka on poison wood. G. Cameron Palmer regarding the trash situation at Avenue A at Hickory Street. Mr. Palmer presented information concerning the terrible trash situation at Avenue A and Hickory Street. He showed pictures of the corner where the dumpster was with trash always outside the container. The dumpster was leased by several businesses in the area and it was not large enough for the amount of trash placed in it. City of Denton City Council Minutes February 7, 2006 Page 14 H. Bob Clifton regarding city business. Mr. Clifton showed an aerial photo showing locations of burglaries in the area of Wainwright and Locust Streets. He wanted more police patrols in the area, as crime in the area was extremely high. Seven of the 26 streetlights in the area were out and needed to be replaced. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Kamp requested the development of a Council ad hoc committee to review the development code on regular basis. 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. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. 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 8:08 p.m. _____________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS