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September 25, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 25, 2007 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, September 25, 2007 at 6:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.There were no requests for clarification of consent agenda items listed on the consent agenda for September 25, 2007. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 25, 2007 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.The Council considered approval of a resolution of the City Council of the City of Denton, Texas, formally accepting the donation of a Framed Piece of Kuba Cloth from Alford Green, Jr.; and providing an effective date. The following resolution was considered: NO. R2007-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, FORMALLY ACCEPTING THE DONATION OF A FRAMED PIECE OF KUBA CLOTH FROM ALFORD GREEN, JR.; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Kamp seconded to approve the resolution. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 3. BUDGET ITEMS FOR CONSIDERATION A. The Council considered adoption of an ordinance adopting the Budget and first year of the Capital Improvement Program of the City of Denton, Texas for the fiscal year beginning on October 1, 2007 and ending on September 30, 2008; and declaring an effective date. Bryan Langley, Finance Director, presented information for 3A-3C. He reviewed the process for the preparation of the budget. All of the legal notices and meeting requirements had been met. City of Denton City Council Minutes September 25, 2007 Page 2 The following ordinance was considered: NO. 2007-205 AN ORDINANCE ADOPTING THE BUDGET AND FIRST YEAR OF THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2007 AND ENDING ON SEPTEMBER 30, 2008; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2007, on all taxable property within the corporate limits of the city on January 1, 2007, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. The following ordinance was considered: NO. 2007-206 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2007, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2007, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Montgomery seconded that property taxes be increased by the adoption of a tax rate of $0.66652 on each $100 assessed value of all taxable property. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered adoption of an ordinance of the City of Denton, Texas, approving the 2007 Tax Rolls; and providing an effective date. The following ordinance was considered: NO. 2007-207 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2007 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 25, 2007 Page 3 Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 4. BUDGET CONSENT AGENDA Kamp motioned, Mulroy seconded to approve the Budget Consent and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A. 2007-208 - An ordinance amending the schedule of water rates contained in Ordinance No. 2006-260 for water service rates and water rates; amending the Residential Water Service (SCHEDULE WR); amending the Commercial/Industrial Water Service Rates (SCHEDULE WC); amending the Wholesale Raw Water Service Rate to Upper Trinity Regional Water District (SCHEDULE WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (SCHEDULE WCL); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval 4-0. B. 2007-209 - An ordinance amending the schedule of wastewater rates contained in Ordinance No. 2006-261 for Wastewater Service; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval 4-0. C.2007-210 - An ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2006-265 for electric service; amending non standard street lighting (SCHEDULE DSL); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval 4-0. D.2007-211 - An ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance Number 2006-262 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(A), and 26- 9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; providing for the pass-through of other additional fees or charges which may be charged by any other governmental entity (SCHEDULES SWR, SWC); amending the time for billing to either monthly or quarterly bills (SCHEDULES SWP, SWRR AND MFR), upon the discretion of the Director of Solid Waste; amending the time for billing to either monthly or bi-weekly bills (SCHEDULES SWC, SWCR, AND SWL), upon the discretion of the Director of Solid Waste; amending the residential recycling rate and the minimum billing amount (SCHEDULE SWRR); providing for the collection of solid waste from non-city owned containers that have City permits affixed; providing that commercial cart service shall require that containers be set out prior to 7 a.m. on the scheduled collection day; providing for the manual pick- City of Denton City Council Minutes September 25, 2007 Page 4 up of solid waste where customers on commercial cart service where fully- automated collection cannot be provided with an additional charge per month for providing manual service; providing that an annual non-city owned refuse container permit fee be established (SCHEDULES SWC AND SWP); providing for various commercial recycling rates (SCHEDULE SWCR); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommended approval (4-0). E.2007-212 - An ordinance of the City of Denton, Texas providing for the schedule of fees, deposits, billings and procedures for administrative services miscellaneous to City utilities customers contained in Ordinance No. 2006-263; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (4-0). F. 2007-213 - An ordinance of the City of Denton, Texas providing for the payment of inspection services fees to the City of Denton for public improvements constructed by DEVELOPMENT developers, related to private ; providing for the superseding of ordinances in conflict with this ordinance; providing an effective date. G.R2007-028 - A resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. The Investment Committee recommended approval (5-0). H.2007-214 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue in the amount of approximately $40,850; and providing an effective date. I.2007-215 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue in the amount of approximately $11,000; and providing an effective date. J.2007-216 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue in the amount of approximately $18,000; and providing an effective date. K.2007-217 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue in the amount of approximately $699,500; and providing an effective date. L.2007-218 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue in the amount of approximately $25,000; and providing an effective date. City of Denton City Council Minutes September 25, 2007 Page 5 M.2007-219 - An ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in the amount of approximately $106,550 in support of the Courthouse-on-the-Square, the Bayless-Selby House and the African American Museums; and providing an effective date. N.2007-220 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue in the amount of approximately $90,000; and providing an effective date. O.2007-221 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue in the amount of approximately $8,300; and provide an effective date. P.2007-222 - An ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue in the amount of approximately $128,000 to promote tourism and the convention and hotel industry; and providing an effective date. Q.2007-223 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc. for the payment and use of hotel tax revenue in the amount of approximately $9,000; and providing an effective date. R.2007-224 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue in the amount of approximately $80,000; and providing an effective date. S.2007-225 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue in the amount of approximately $55,000; and providing an effective date. T.2007-226 - An ordinance approving the expenditure of funds for the purchase of a Component Enterprise Agreement with the Microsoft Corporation to obtain licensing for the use of the Microsoft SoftGrid software package as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under #DIR-SDD-198; providing for the expenditure of funds therefor; and providing an effective date (File 3872– Purchase of Component Enterprise Agreement awarded to SHI-Government Solutions in the amount of $63,450.00, the first of three payments, for a total 3- year licensing agreement in the amount of $190,350.00). City of Denton City Council Minutes September 25, 2007 Page 6 U.2007-227 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for the Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3866–Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $76,503.24, the first of three payments, for a total 3-year maintenance agreement not to exceed a 6.5 % increase per year for a total of $244,751.00). V.2007-228 - An ordinance approving the expenditure of funds for the purchase of Evision, a product upgrade for the Tele-Works System, along with continued vendor support of the Tele-Works System and associated hardware and software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3869– Purchase of Evision upgrade for the Tele-Works System awarded to Tele-Works, Inc., in the amount of $95,625.00). W.2007-229 - An ordinance awarding a contract for the purchase of continued software maintenance and services for the LaserFiche-DocuNav Document Imaging System currently being used by the City of Denton from VP Imaging available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids providing for the expenditure of funds therefor; and providing an effective date (File 3876– Purchase of Annual Maintenance for LaserFiche-DocuNav Document Imaging System awarded to VP Imaging, in the amount of $47,354.80, the first of three payments, for a total 3-year maintenance agreement in the amount of $142,064.44). X.2007-230 - An ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) and Enhanced Data rates for GSM Evolution (EDGE) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing the expenditure of funds therefor; and providing an effective date (File 3878–Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) and Enhanced Data rates for GSM Evolution (EDGE) awarded to AT&T Mobility in the amount of $119,016.60). Y.2007-231 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for the VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3879–Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $156,427.88). City of Denton City Council Minutes September 25, 2007 Page 7 Z.2007-232 - An ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.New Business Council did not have any items of New Business. B.City Manager’s Report City Manager Campbell did not have any items for Council. C.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. D.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 6:50 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ___________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS