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April 15, 2008 MinutesCITY OF DENTON CITY COUNCIL MINUTES April 15, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 15, 2008 at 4:30 p.m. in the Council Work Session Room at City Hall: PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts ABSENT: Mayor Pro Tem Kamp 1. Staff responded to requests for clarification of agenda items listed on the agenda for April 15, 2008. Council Member Thomson asked about anticipated revenues from the gas collection facility at the landfill. Deputy Mayor Pro Tem Mulroy noted a correction to the agenda. The caption for item 5B should reflect that the Committee on the Environment recommended approval instead of the Mobility Committee. Council Member Watts stated that he would like to see a basic cost benefit analysis for Item SA before the Council voted on it. He requested information such as the cost of the facility, renewable resources that were being recaptured, and any other financial information available. 2. The Council received a briefing, held a discussion, and gave staff direction regarding adding a section to Chapter 18 of the Code of Ordinances - "Use of Hand Held Mobile Telephones Prohibited in School Zones". Chief of Police, Roy Minter, briefed the Council on the proposed ordinance. He stated that the proposed ordinance prohibited a driver or operator of a motor vehicle from the use of a hand held mobile telephone in a school zone during designated school zone hours. The ordinance did not prohibit the use of hands free mobile telephones in school zones. He also stated that the proposed ordinance allowed the use of a hand-held mobile telephone if there was an emergency. Council Member Watts asked if the proposed ordinance addressed the use of hand-held radios. Stephanie Berry, Assistant City Attorney, stated that hand-held radios were not addressed in the ordinance but could be included. Council Member Heggins asked how the signage would be paid for. Minter stated that some of the funds from the red light camera enforcement might be available for this type of expense and that he would check on it. Watts stated that he would like the proposed ordinance to include prohibiting the use of hand- heldradios. General consensus of the Council was to proceed with development of the ordinance. Deputy Mayor Pro Tem Mulroy requested that there be an education campaign before enforcement of the ordinance began. City of Denton City Council Minutes April 15, 2008 Page 2 3. The Council received a report, held a discussion, and gave staff direction regarding the 2007 Comprehensive Annual Financial Report and annual audit. Bryan Langley, Director of Finance, stated that the City hired an independent accounting firm to conduct an audit of the City's financial statements each year. He stated that the annual audit report was comprised of four components: the Comprehensive Annual Financial Report (CAFR), Management Letter, Single Audit, and Report to Those Charged with Governance. He stated that the auditors had provided the City with a clean opinion, which meant that in the opinion of KPMG, the City financial statements presented fairly the financial position of the city. Langley stated that the CAFR was comprised of four sections: The Introductory section included the transmittal letter, org chart, and list of principal officials. The Financial section included Management Discussion and Analysis, required supplementary information, and basic financial statements. The Statistical section included selected unaudited financial and demographic information. The Regulatory section included financial statements in a traditional format. Langley stated that the CAFR had more disclosure and transparency than private company reports. The report had been designed to comply with GAAP/GASH guidelines. The GFOA awards program criteria also drove the presentation of the material. Langley stated that KPMG provided three management comments - financial report timeliness, access controls, and program change controls. Staff agreed with the recommendations and would work in the future to implement. Deputy Mayor Pro Tem Mulroy stated that Langley and his staff did an excellent j ob presenting the financials of the City and were to be congratulated on a clean audit and also acknowledged Barbara Ross and her department for a clean report. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:18 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. The Council held a discussion related to a briefing from City's Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. City of Denton City Council Minutes April 15, 2008 Page 3 2. The Council considered and discussed litigation styled Tower v. City of Denton, Civil Action No. 4:OScv302, currently pending in the U.S. District Court, Eastern District, Sherman Division. Regular Meeting of the City of Denton City Council on Tuesday, April 15, 2008 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Recognition of the receipt of the National Arbor Day Foundation's Tree City USA award presented by the Texas Forest Service to the City of Denton. Courtney Blevins with the Texas Forestry Service presented the 17th Tree City USA Award to the Mayor. The Mayor presented proclamations for National Exercise is Medicine Month; Red Hat Society Day, Days of Remembrance, Charlye Heggins Day, Small Business Week, Denton Redbud Festival, and Storytelling Month. Mayor Pro Tem Kamp arrived at the meeting at 6:40 p.m. 3. CONSENT AGENDA Mayor McNeill highlighted the items listed on the Consent Agenda. Thomson motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On ro11 vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimous y. A. Approved the minutes of: March 3, 2008 March 4, 2008 March 25, 2008 B. 2008-081 - An ordinance authorizing the City Manager to approve a third amendment to a commercial airport operations lease agreement approved by Ordinance 2004-362 dated December 1, 2004, between the City of Denton, Texas and Jet Works Aviation, Inc. on approximately 1.912 acres of land at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0). The Mobility Committee recommended approval (3-0). City of Denton City Council Minutes April 15, 2008 Page 4 C. 2008-082 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic signal poles for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3972-Annual Contract for the Purchase of Traffic Signal Poles awarded to the lowest responsible bidder meeting specification, Structural and Steel Products, Inc., in the annual estimated amount of $701,380). D. 2008-083 - An ordinance accepting competitive bids and awarding an annual contract for the installation of roadway pavement markings for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3995-Annual Contract for the Purchase of Roadway Pavement Markings awarded to the lowest responsible bidder meeting specification, Striping Technology LP, in the annual estimated amount of $140,000). E. 2008-084 - An ordinance accepting competitive bids and awarding a public works contract for the reconstruction of West Oak Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3994-West Oak Street Reconstruction awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $729,865.75). F. Approved tax refunds for the following property taxes: Name Reason Tax Year Amount 1. De Lage Landers Operational Svc DCAD Supplemental Change 2006 $67,660.58 2. SDS Apartments/Atlantic Housing DCAD Supplemental Change 2004 $63,875.54 3. SDS Apartments/Atlantic Housing DCAD Supplemental Change 2005 $35,773.36 G. R2008-014 - A resolution allowing La Mexicana Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 3, 2008, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). H. R2008-015 - A resolution allowing Metzler's Food and Beverage to be the sole proprietor allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival on April 25 - 27, 2008, upon certain conditions; execute aone-year agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). I. 2008-085 - An ordinance of the City Council repealing Ordinance No. 2008-057; awarding a purchase for primary and secondary insulated electric distribution cables for the City of Denton, Texas (Denton Municipal Electric); providing for the expenditure of funds therefor; and providing an effective date (File No.3623- Interlocal Agreement for Purchase of Primary and Secondary Insulated Electric Distribution Cables with the Lower Colorado River Authority (LCRA) awarded to Techline, Inc., in the estimated amount of $2,205,840). The Public Utilities Board considered this item on April 14, 2008. City of Denton City Council Minutes April 15, 2008 Page 5 J. R2008-016 - A resolution of the City Council of the City of Denton, Texas, requesting that the Texas Department of Transportation (TxDOT) and the North Texas Tollway Authority (NTTA) waive the requirement to develop a market valuation for Interstate 35 East as allowed by Senate Bill 792, further requesting that NTTA waive its right to develop the project and support TxDOT's development of the IH3 SE project from Interstate Highway 63 5 to US Highway 380, and acknowledge that NTTA's primary role will be to provide the associated toll operations at a reasonable cost; and providing for an effective date. K. 2008-086 - An ordinance approving an Agreement for Deposit of Costs for Off Site Paving in the amount of $2,512,936.95 between the City of Denton and Aldi (Texas) L.L.C., a Texas limited liability company, for the construction of off site paving improvements to Westcourt Road, authorizing the City Manager or his designee to execute said Agreement on behalf of the city of Denton; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held the second of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of Milam Road. The Planning and Zoning Commission recommended approval (7-0). (A07-0006, Hills of Denton North Annexation) Mark Cunningham, Director of Planning and Development, stated that this was the second public hearing for a voluntary annexation of 484 acres of land west of Locust Street and south of Milam Road. Future land use was expected to be rural areas and a neighborhood center. The current use contained 26 parcels used for agricultural and rural residential with a proposed use for a master planned community. One response was received from the 26 mailers sent to surrounding property owners which was neutral in regards to the proposal. Staff found the proposal to be consistent with the annexation policy and recommended approval. The Planning and Zoning Commission had reviewed the annexation proposal and recommended approval to the Council. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required on this item at this time. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance providing for an Amended and Restated Landfill and Digester Gas Rights and Collection Facility Lease between Denton Power, LLC and the City of Denton, Texas providing for the extraction, collection, processing, use, sale, and delivery of landfill gas from the City's Landfill and digester gas from the City's City of Denton City Council Minutes April 15, 2008 Page 6 wastewater plant, authorizing the expenditure of funds therefor, and providing an effective date. The Public Utilities Board recommended approval (7-0). Vance Kemler, General Manager of Solid Waste, stated that the federal and state Clean Air Acts called for a reduction of air pollution from mobile and fixed sources. Mobile sources of air pollution were the major cause of ozone in the DFW Nonattainment Area for air quality. Environmental Stewardship Goals for the City of Denton were to reduce greenhouse gas emissions, implement programs to meet the Clean Air Acts, and to reduce the carbon footprint. Environmental Stewardship Initiatives that the City had implemented included residential and commercial recycling, use of alternative fuels in more than 420 City vehicles. In addition, the City was seeking TCEQ approval to begin operating the landfill as a Bioreactor, developing a beneficial use for landfill gas (LFG), and developing apublic-private partnership to create an electric generating plant. The following ordinance was considered: N0.2008-087 AN ORDINANCE PROVIDING FOR AN AMENDED AND RESTATED LANDFILL AND DIGESTER GAS RIGHTS AND COLLECTION FACILITY LEASE BETWEEN DENTON POWER, LLC AND THE CITY OF DENTON, TEXAS PROVIDING FOR THE EXTRACTION, COLLECTION, PROCESSING, USE, SALE, AND DELIVERY OF LANDFILL GAS FROM THE CITY'S LANDFILL AND DIGESTER GAS FROM THE CITY'S WASTEWATER PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance as presented. 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 approval of a resolution of the City Council of the City of Denton, Texas approving the execution by the City of the "Air North Texas Partner Agreement" of the North Central Texas Council of Governments and the Regional Transportation Council, wherein the City of Denton supports the principles, goals, activities and recommendations of the partnership; and providing an effective date. The Council Committee on the Environment recommended approval (3-0). Katherine Barnett, Special Project Coordinator, stated that the resolution would allow the City of Denton to join in the Air North Texas Partnership Agreement which was a North Central Texas Council of Governments regional air quality awareness campaign. The goal of forming this public education campaign was to distribute a consistent and constantly reinforced regional message concerning air quality issues. The following resolution was considered: City of Denton City Council Minutes April 15, 2008 Page 7 N0. R2008-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE EXECUTION BY THE CITY OF THE "AIR NORTH TEXAS PARTNER AGREEMENT" OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE REGIONAL TRANSPORTATION COUNCIL, WHEREIN THE CITY OF DENTON SUPPORTS THE PRINCIPLES, GOALS, ACTIVITIES AND RECOMMENDATIONS OF THE PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to approve the resolution as presented. 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 nominationslappointments to the City's Boards and Commissions. The Council did not have any nominations at this time. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Carolyn Phillips regarding a traffic light or three way stop at Woodrow Lane and Morse Street. Ms. Phillips was not present. B. Pat Foutch regarding a Lee Meadows flood control update. Pat Foutch, 2113 Champlain, updated the Council regarding the flood control at Lee Meadows Subdivision. She stated that the City should put Lee Meadows at the top of the list of flood control projects. The City should also take corrective measures to prevent future flooding of homes. The City should correct the injustice to the neighborhood by approving construction plans for Oak Tree Street. Mayor McNeill left the meeting at 7:3 5 p.m. Mayor Pro Tem Kamp presided. C. David Smith regarding freeway traffic flow on I-35. Mr. Smith stated that he had been working with NCTCOG regarding a freeway traffic flow congestion mitigation plan that he had designed. His proposed solution was that exit ramps precede entrance ramps on I-3 5 and encouraged the City to work with COG to put this in place. D. Bob Clifton regarding more legal issues. City of Denton City Council Minutes April 15, 2008 Page 8 Mr. Clifton, 730 Wainwright, questioned why the annual report came out every year at election time. He also felt that the City of Denton was supporting candidates for political office and requested an accounting of everything spent on his lawsuit with the City. E. New Business and Announcements The following items of New Business were suggested by Council for future agendas: 1. Deputy Mayor Pro Tem Mulroy requested an analysis of cost avoidance of the Child Advocacy Center. F. City Manager's Report City Manager Campbell did not have a report for Council. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Watts motioned, Mulroy seconded that the tolling agreement with JNC be amended to a new tolling date which is extended to the date of May 18, 2008. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", and Watts "aye". Motion carried unanimously (6-0). With no further business, the meeting was adj ourned at 7:40 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS