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November 7, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES November 7, 2006 The City Council attended a reception for City Manager George Campbell on Tuesday, November 7, 2006 at 4:30 p.m. in the Council Work Session Room at City Hall. Regular Meeting of the City of Denton City Council on Tuesday, November 7, 2006 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 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. The Council considered approval of a Resolution of Appreciation for John Oliver Alexander. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B. Proclamations/Awards Mayor McNeill presented proclamations for: National Hospice Month TWU Tobacco-Free Week C. October Yard-of-the-Month Awards Mayor McNeill presented Yard of the Month Awards: Jim and Pat Nicks Steve and Lynn Lavezo Jessica Stephens Wild Bird Center - Brinker Road-Watersmart Award North Texas Heath and Wellness Center-Business Award 3. CONSENT AGENDA Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying ordnances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes November 7, 2006 Page 2 A. 2006-304 - 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 with an aggregate maximum principal amount equal to $1,200,000 so that General Fund vehicles and equipment may be purchased; and providing an effective date. B. 2006-305 - An ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for non-residents and students and for limited access punch cards; establishing additional requirements for return of borrowed materials; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. The Library Board recommended approval (6-0). C. 2006-306 - An ordinance of the City Council of Denton, Texas amending Section 2-156 of the City Code authorizing the City Manager to institute administrative directives and procedures establishing regulations for the internal operations of the Denton Library upon the recommendation of the Library Board; establishing a savings clause; and providing an effective date. The Library Board recommended approval (6-0). D. 2006-307 - An ordinance of the City of Denton, Texas approving a designation and dedication of public right of way for an approximate five-foot wide public utility easement within the existing right-of-way of Vintage Blvd. for the exclusive use of Denton Municipal Electric; and providing an effective date. The Public Utilities Board recommended approval (6-0). E. 2006-308 - An ordinance of the City of Denton approving a License Agreement between Ernestine E. Riley and the City of Denton relating to the encroachment of a detached arbor and other improvements across an existing 16’ drainage and public utility easement located in the John McGowan Survey, Abstract No. 797 and being described in the Recorder’s No. 20050R006-4327 of the deed records of Denton County. The Public Utilities Board recommended approval (6-0). F. 2006-309 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for civil, structural, and electrical design services and engineering services for electric substation projects and related services for Denton Municipal Electric with the firm of CLE Engineers, Inc., a corporation, in an amount not to exceed $125,000; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0.) G. R2006-037 - A resolution confirming the appointment of Scott Langford as Interim Police Chief of the City of Denton Police Department; and declaring an effective date. City of Denton City Council Minutes November 7, 2006 Page 3 H. 2006-310 - An ordinance accepting competitive bids and awarding a two-year contract for the purchase of emergency medical service supplies for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3532 – Two-Year Contract for Emergency Medical Service (EMS) Supplies awarded to the lowest responsible bidder for each item in the estimated cumulative annual amount of $116,273). I. 2006-311 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix asphalt concrete for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3605 – Annual Contract for Hot Mix Asphalt Concrete awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in the estimated cumulative annual amount of $2,700,000). J. 2006-312 - 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 two backhoes for the City of Denton Water Distribution Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3613 – Interlocal Agreement for Two Backhoes with H-GAC awarded to Equipment Support Services, Inc. in the amount of $134,323.08). The Public Utilities Board recommended approval (5-0). K. 2006-313 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with The Cooperative Purchasing Network (TCPN) for the acquisition of HVAC air conditioning units for eight City of Denton facilities by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3621 – Interlocal Agreement for Purchase of HVAC Air Conditioning Units with TCPN awarded to The Trane Company in the amount of $396,440). L. 2006-314 - An ordinance authorizing the financing of fleet vehicles and equipment for various city departments through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3608 – Third Party Lease Purchase of Vehicles and Equipment, approximate finance charges of $188,608.70 for 60 months and $108,352.30 for 120 months for total finance charges of $296,961). M. 2006-315 - 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 27 vehicles for various City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3641 – Interlocal Agreement for the purchase of General Fund Vehicles for the 2006-2007 fiscal year awarded to Philpott Motors in the amount of $561,886). City of Denton City Council Minutes November 7, 2006 Page 4 N. 2006-316 - 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 Sheepfoot Roller for the Street Department for the City of Denton General Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3642 – Interlocal Agreement for the purchase of a Sheepfoot Roller for the Street Department awarded to Holt CAT in the amount of $159,623). O. 2006-317 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of a Surface Pre Mixer; providing for the expenditure of funds therefor; and providing an effective date (File 3643 – Interlocal Agreement for Surface Pre Mixer with Tarrant County, contract awarded to Conley Lott Nichols of Texas, Inc. in the amount of $318,380). P. 2006-318 - 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 Type I Ambulance for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3644 – Interlocal Agreement for Type I Ambulance with H-GAC awarded to Freeway Ford in the amount of $110,625). Q. 2006-319 - An ordinance accepting competitive bids and awarding a public works contract for the annual maintenance and replacement of specified curbs, gutters, sidewalks and ADA ramps for the City of Denton (as listed in Attachment 1); providing for the expenditure of funds therefor; and providing an effective date (Bid 3516 – Annual Contract for Concrete Work (expenditure over $100,000) awarded to Floyd Smith Concrete, Inc. in the estimated amount of $175,000). R. 2006-320 - Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient GeoSciences, Inc. for performing all landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services regarding the City of Denton, Texas Municipal Solid Waste Landfill in an amount not to exceed $110,093.55; authorizing the expenditure of funds; providing for retroactive ratification and approval thereof; and providing an effective date. (File 3620 – awarded to Solutient GeoSciences, Inc. in an amount not to exceed $110,093.55). The Public Utilities Board recommended approval (5-0). S. 2006-321 - An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. TxDOT Project No. AM2007DNTON and TxDOT CSJ No. M718DNTON. The Airport Advisory Board recommended approval (7-0). Mobility Committee forwarded Airport Advisory Board recommendation (3-0). City of Denton City Council Minutes November 7, 2006 Page 5 T. Approved an exception to the Noise Ordinance for amplified sound for a party and musical concert to be held at the North Texas State Fairgrounds on December 9, 2006. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. U. 2006-322 - An ordinance nunc pro tunc, correcting an inadvertent mistake in Ordinance No. 2005-224, specifically its amendment of Section 35.13.13.2 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violation thereof; providing for severability, savings and supersede; and providing for an effective date. (DCA06-0019) (Graphics omitted) V. Approved the minutes of: October 2, 2006 October 3, 2006 October 10, 2006 October 17, 2006 October 24, 2006 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance concerning the rezoning of approximately 3.5 acres from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential Mixed use (NRMU) zoning district with an overlay district. The property was located at the northwest corner of Teasley Lane and Lillian Miller Boulevard. The Planning and Zoning Commission recommended approval (5-0). Z06- 0024 Kelly Carpenter, Director of Planning and Development stated that the petitioner had asked to th have his item delayed and moved to the Council’s Dec. 19 agenda. The Mayor opened the public hearing. th Mulroy motioned, Heggins seconded to continue the public hearing to the December 19 meeting. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance granting approval of a portion of the Denton Branch Rail/Trail generally from milepost 721.5 to 729.5 for the purpose of a public commuter rail service in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Bob Tickner, Parks and Recreation Superintendent, stated that State law required a public hearing when park property was to be used for non-park uses. The proposed use of the property was for a public commuter rail service line. A new trail would be built on the side of the rail line. The Parks, Beautification and Recreation Board recommended approval. City of Denton City Council Minutes November 7, 2006 Page 6 The Mayor opened the public hearing. Bob Clifton welcomed the new city manager. He expressed a concern that the City did not have clear title to the rail/trail property. DART owned the option and could reclaim the property at any time. After upgrading the trail, he was concerned that DART would then exercise the option to take back the property. He encouraged the city to get title to property. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-323 AN ORDINANCE GRANTING APPROVAL OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL GENERALLY FROM MILEPOST 721.5 TO 729.5 FOR THE PURPOSE OF A PUBLIC COMMUTER RAIL SERVICE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving a memorandum of understanding between the City of Denton and the Denton County Transportation Authority regarding the use of a portion of the Denton Branch Rail/Trail from mile post 721.5 to 729.5 for the purpose of public commuter rail service: and providing an effective date. The Mobility Committee recommended approval (3-0). The Parks, Recreation and Beautification Board will consider this item on November 6, 2006. Mark Nelson, Chief Transportation Officer, stated that the Denton County Transportation Authority was requesting to use a portion of the Denton Branch rail/trail for a public commuter rail service. The proposed ordinance would approve a memorandum of understanding for that use. The following ordinance was considered: NO. 2006-324 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY REGARDING THE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL FROM MILE POST 721.5 TO 729.5 FOR THE PURPOSE OF PUBLIC COMMUTER RAIL SERVICE: AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 7, 2006 Page 7 Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Jon Fortune, Assistant City Manager, stated that this was an annual item for nominations for members to the Appraisal Review Board of the Denton Central Appraisal District. Council could nominate as many individuals as they wished. Council nominated Steve Reece, John Duffy and Les Clampett. The following resolution was considered: NO. R2006-038 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to approve the resolution with the names as nominated unless one of the nominees declined the nomination. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. C. The Council considered appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. City Manager Campbell indicated that this was one of the two annual meetings for the National League of Cities. Only Council Member Heggins had confirmed that she would be attending the conference. Council Member Heggins was nominated as voting delegate. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D. The Council considered nominations/appointments to the City’s Boards and Commissions. City Secretary Walters indicated that Council Member Thomson had a nomination to the Parks, Recreation and Beautification board. Council Member Thomson nominated Mrs. Harold (Dale) Conway and motioned to waive the Council’s rules and vote on the nomination at this meeting. Deputy Mayor Pro Tem Mulroy seconded the motion. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes November 7, 2006 Page 8 On roll vote to appoint Dale Conway to the Parks, Recreation and Beautification Board, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Nell Yeldell regarding the way the City treats people from Katrina. Ms. Yeldell was not present B. Robert Donnelly regarding development issues. Mr. Donnelly presented pictures of his property after the rain last week. They showed the silt runoff into his pond from the neighboring development. He stated that most of the drainage work was done around his property. A current problem was the blockage in a storm sewer that blew a manhole out at an area where the water accessed his pond. He was asking Council to rethink the direction of development at any cost and look for development that would be done correctly. Council Member Montgomery asked if Mr. Donnelly had received any response from the developer regarding his concerns. Donnelly replied that the developer had asked him not use the easement to drive through to get to his property. Mayor McNeill asked if the developer had built the drainage system to city standards. Donnelly replied that in his opinion it did not meet the Denton Development Code. C. Larry Luce regarding Code Enforcement. Mr. Luce stated that he had asked several weeks ago for additional code enforcement in an area of Denton that was very neglected. He thanked the Department for the increased enforcement. D. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. E. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. F. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. City of Denton City Council Minutes November 7, 2006 Page 9 G. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present. F. New Business The following items of New Business were suggested for future council meetings: 1. Deputy Mayor Pro Tem Mulroy asked for a follow-up to Mr. Donnelly’s report. He suggested verifying the complaint and forwarding that to the surety. 2. Council Member McElroy requested staff respond to Mr. Donnelly as quickly as possible. 3. Council Member Heggins requested a follow-up on a memo received from Mark Anthony Allen regarding his utility payment. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. City Manager Campbell did not have any items for Council. H. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. 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 7:15 p.m. ______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS