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August 19, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 19, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, August 19, 2008 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson, and Watts. ABSENT : None 1. Staff responded to requests for clarification of agenda items listed on the agenda for August 19, 2008. Mayor Pro Tem Kamp indicated that she would be pulling Consent Agenda Item Q as she felt it needed more discussion. Mayor Burroughs felt that Consent Agenda Item P should also be pulled. Council Member Watts questioned Consent Agenda Item T. He asked if the paving agreement had been executed. Frank Payne, City Engineer, stated that it would be executed after Council approval. Council Member Watts asked about the trigger mechanism for the perimeter road improvements. The backup materials indicated that there would be no improvements until the property was subdivided or the square footage of the proposed development was expanded by 1,000 square feet or 25%, whichever was greater. Payne replied correct, that was the compromise worked out with the petitioner. Council Member Watts felt that one number for the trigger might be better than a range. He indicated that he would pull the item for separate consideration. He then asked about Consent Agenda Item H. He questioned the difference in the two prices for the project. Jim Coulter, Director of Water/Wastewater, stated that funds for this project were from two different funding sources - DCTA funding and Elap funding. A quick estimate was done for the project in order to begin during the summer months. Several issues came up during the construction including having to do cement stabilization rather than lime which resulted in the price difference. City Manager Campbell asked about the removal of parking on Parvin Street. The Traffic Safety Commission had a split vote for no parking. He asked for the rationale for removing the parking. Payne stated that staff had received a request from a citizen plus a petition from the neighborhood residents. The request was originally considered by the Commission at the April 7, 2008 meeting and approved 9-0. After that meeting staff was contacted by a volunteer at Borman Elementary who parked in this area and requested to speak at the Commission. The item was placed on the Commission's July meeting. The original petitioner was also notified of the reconsideration and was present at the July meeting. Discussion at the July meeting involved City of Denton City Council Minutes August 19, 2008 Page 2 the fact that various school volunteers park on the north side of Parvin since it presented the shortest distance to the front door of the school which was the only door that was not locked when many of the volunteers arrived at the school. Staff rationale for the no parking dealt with safety issues as parents dropped off and picked up children on north side which created an unsafe situation. Also a nearby driveway was always blocked with cars waiting for children. Mayor Burroughs asked if a time restriction would work better than complete no parking in the area. Payne replied that it was discussed at Traffic Safety Commission and agreed to by all parties that it was not an agreeable situation due to an enforcement issue. Mayor Pro Tem Kamp asked about construction at the school. Payne indicated that DISD would begin renovation work at Borman starting this month. He did not know how long the renovations would take but did state that the portable classrooms would be relocated to the school's parking lot, possibly until 2009. Council Member Mulroy stated that the city had a parking lot at the Denia Recreation Center and perhaps that could be used for some school parking. Mayor Pro Tem Kamp felt that there was a misunderstanding on the information presented. She suggested that the item be pulled and tabled for more information following any discussion during the regular session. Council Member Mulroy questioned Consent Agenda Item G regarding how many hours of work had been performed by the firm and why they were incurred. Howard Martin, Assistant City Manager, stated that this item was not associated with the gas collection system issue. It dealt with other projects outside that system, particularly the scale house and preparation of TCEQ documents. Council Member Mulroy asked about the pro rata agreement with Consent Agenda Item M and why the developer had to provide upfront oversize money. P S Arora, Assistant Director for Wastewater Utilities, stated that the developer did not request reimbursement for the oversizing of the line. Council Member Mulroy asked if Consent Agenda Item S was working on the correct time frame. Payne replied that the developer had indicated that they were on track. Mayor Burroughs indicated that Consent Agenda Item V would be pulled for separate consideration. City of Denton City Council Minutes August 19, 2008 Page 3 2. The Council received a report, held a discussion and gave staff direction regarding nominatl0nS t0 the Clty' S Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. Jennifer Walters, City Secretary, presented the new nominations and asked Council for any additional nominations. Council Member Watts questioned the membership to the Economic Development Partnership Board. He felt that two at-large positions that were not associated with any particular entity might be helpful. That would provide an avenue for Council to retain former members on the board and still have two sitting council members on that board. City Manger Campbell stated that if alternate positions were created, council would have to determine how those positions would be filled. Mayor Burroughs stated that additional comments from the Board as it currently existed and from the Chamber Board would be helpful. 3. Council held a discussion regarding the Charter provisions on Council term limits and gave staff direction. Mayor Burroughs stated that he had asked for an item on agenda for open discussion on term limits. He felt a single proposition for term limits would be helpful for a future charter election. City Manager Campbell stated that technically Council could hold a charter election in November but there might not be time to have good discussions in that time frame. Council had the option to appoint a citizen committee to study any charter amendments or Council could serve as the committee. If Council wanted to focus on one issue it might want to do a council committee rather than a citizen committee. Also, a November election might not allow time to get information out to the public and fully discuss before the November election. Mayor Burroughs indicated that he had no pressure for a November election. He felt that doing so would be a time compressed situation. This was a difficult discussion as Council was directly affected by the outcome. His suggestion would be to not even consider this November. He would like to have a discussion on a clarification of the Charter language and felt that the discussion could be divided into two parts. One would be a staff recommended language to fix the current language and would include identifying the interpretations and Council discussion on those issues. A second part would be the length of terms. Council Member Watts stated that in May he had requested a Charter committee to address this issue. He felt it was important have public discussion on the issue as there was a large variety of City of Denton City Council Minutes August 19, 2008 Page 4 interpretations in the community. A process was needed to have the community consider the provisions. Mayor Burroughs felt that there could be outreach discussions/round table discussions in the community for input. City Manager Campbell felt that an understanding or explanation of the options was needed. A separate work session on optionslalternatives should be scheduled and then have community discussions. Options on the direction to proceed should be presented and then have citizen groups involved for public input. Council might also want to include minor cleanup items. Mayor Burroughs asked each council member to identify what they would like to see for staff review for a charter election. Identify the issues and alternatives they would like to see. Council Member Mulroy felt that Council should not advocate a position when discussions were started but rely on the community to help resolve the issue. 4. Council received a report, held a discussion, and gave staff direction regarding the 2008- 09 Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, stated that a revised notice of public hearing on a tax increase had been provided to Council. The revision provided a clarification of figures based on an explanation from the Appraisal District. He indicated that a memo would be going out to Council regarding the questions asked at the August 7th budget discussion. Two additional code enforcement officers would be included in the proposed budget, a recommendation for increased funding to the Children's Advocacy Center, and the elimination of a proposed internal auditor position. Following the completion of the Work Session, the City Council was to convene in a Closed Meeting. 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. This item was not discussed as Council did not have any budget questions. B. Deliberation regarding personnel matters -Under Texas Government Code Section 551.074. City of Denton City Council Minutes August 19, 2008 Page 5 1 Deliberate and discuss the evaluation of candidates for the City Attorney position. This item was not discussed as Council did not have any questions relative to the candidate. Regular Meeting of the City of Denton City Council on Tuesday, August 19, 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 Mayor Burroughs presented a proclamation for Sustainability Week. August Yard of the Month awards were not considered. 3.1 CONSENT AGENDA Mayor Burroughs indicated that Item P. Q, T and V would be pulled for separate consideration. Council Member Heggins requested Item K be pulled for a change in the date of the event. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items K. P, Q, T and V On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye', and Mayor Burroughs "aye" Motion carried unanimously A. 2008-179 - An ordinance amending the existing gas franchise between the City of Denton ("City") and Atmos Energy Corporation to provide a one percent increase from four percent to five percent to the City's gas franchise fee: providing for acceptance by Atmos Energy Corporation; and finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing for an effective date. B. 82008-029 - A resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 20, 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 (7-0). C. 2008-180 - An ordinance authorizing the Mayor or his designee to enter into an interlocal agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton and to repeal subsection 10- City of Denton City Council Minutes August 19, 2008 Page 6 2(B) of the City Code and all ordinances to the extent of conflict therewith (the split-payment option for payment of taxes); providing a savings clause and providing an effective date. The Audit/Finance Committee recommended approval (3-0). D. 2008-181 - An ordinance accepting competitive bids and awarding a contract for the purchase of traffic signal hardware for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4098-Annual Contract for Traffic Signal Hardware awarded to the lowest responsible bidder meeting specification for related groups of items, as shown on Exhibit A in the annual estimated amount of $700,000). E. 2008-182 - An ordinance approving the expenditure of funds for the purchase of a server software and hardware for Server replacements from Dell as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under #DIR-SDD-192; providing for the expenditure of funds therefor; and providing an effective date (File 4113- Purchase of Software and Hardware Replacements awarded to Dell in the amount of $108,389.86). F. 2008-183 - An ordinance approving Amendment No. 2 to the professional services agreement by and between the city of Denton, Texas and Arthur Surveying Co., Inc. to provide professional surveying services in support of the City of Denton Engineering Department; authorizing the expenditure of funds therefor in the amount of an additional $75,000 (for a total award of $400,000); and providing an effective date. G. 2008-184 - An ordinance approving Amendment No. 1 to the professional services agreement by and between the City of Denton, Texas and Chiang, Patel & Yerby, Inc. to provide professional design, development, and construction related services for the city of Solid Waste Department; authorizing the expenditure of funds therefor in the amount of an additional $20,000 (for a total award of $110,000); and providing an effective date. The Public Utilities Board recommended approval (6-0). H. 2008-185 - An ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3994-West Oak Street Reconstruction Change Order Number One in the amount of $175,002.56 for a total bid award of $904,868.31). I. 2008-186 - An ordinance accepting competitive bids and awarding a public works contract for Old North Road Drainage Improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4083-awarded to the lowest responsible bidder meeting specification, J. T. Dersner, Inc. in the amount of $437,158.50). The Public Utilities Board recommended approval (6- 0). City of Denton City Council Minutes August 19, 2008 Page 7 J. 2008-187 - An ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Mingo Road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4093-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the amount of $887,825.80). L. 2008-188 - An ordinance authorizing the approval of a Gas line Easement between the City of Denton, as grantor and Enterprise Texas Pipeline LLC, a Texas limited liability corporation, as grantee, regarding a 0.04 acre tract of land located on Lot 1, Block 1 of the Robson Ranch Water Reclamation Plant, recorded in Cabinet R Page 365, Plat Records, Denton County, Texas and being in the T & P.R.R. Survey, Abstract No. 1301, City of Denton, Denton County, Texas; providing an effective date. The Public Utilities Board recommended approval (6-0). M. 2008-189 - An ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Wastewater Main Pro-Rata Reimbursement agreement between the city of Denton, Texas and DBSI Lansdowne I, L.P. for reimbursement of the costs of building a wastewater main, through pro-rata charges paid to the city; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. The Public Utilities Board recommended approval (5-0). N. 2008-190 - An ordinance of the City of Denton, Texas prohibiting parking on the north and south Sides of Savannah Trail from its intersection with Pembrooke Place/Fairfax Trail to its intersection with Teasley Lane/FM 2181; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommended approval (8-0). 0. 2008-191 - An ordinance of the City of Denton, Texas prohibiting parking on the east and west sides of Kimberly Drive from its intersection with Karina Street to its southerly terminus; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommended approval (7-0). R. R2008-030 - A resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. S. 2008-192 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for architectural or engineering services by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for professional architectural and engineering services for the construction management of the U. S. Highway 3 80 Project, Phase I; providing for the expenditure of funds therefor; and providing an effective date ($456,618 -professional engineering services). City of Denton City Council Minutes August 19, 2008 Page 8 U. Approved a request for an exception to the Noise Ordinance for the purpose of the 10th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 20, 2008, from 11:00 a.m. to 11:30 p.m. The exception was specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 11:30 p.m. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Item V was considered. V. 2008-193 - An ordinance appointing a City Attorney; approving an employment agreement; authorizing the Mayor to execute an agreement employing a City Attorney of the City of Denton, Texas; setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. Kamp motioned, Thomson seconded to adopt the ordinance with the insertion of Anita Burgess as City Attorney. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. Item K was considered. Heggins motioned, Kamp seconded to approve the request with a change in the date from September 13, 2008 to September 27, 2008. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. K. Approved a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Stand Up and Vote Festival. The festival is sponsored by AV & The Trunk Pop Entertainment Family. The event will be located in the Fred Moore Park on Saturday, September 13, 2008 (date changed to September 27, 2008), with music beginning at 7:00 p.m. and concluding at 11:30 p.m. This request is for an exception to the noise ordinance with respect to hours of operation of an amplified loudspeaker system after 10:00 p.m. Item Q was considered Mayor Burroughs indicated that Speaker Cards had been submitted for this item. Alice Gore, 2215 Westwood Drive, Denton, 76205, spoke in favor of the no parking on Parvin. The neighbors felt the current situation was dangerous, especially at the corner of Westwood and Parvin as it was difficult to see traffic coming down Parvin. She suggested the school designate reserve parking in the lots for volunteers and visitors which it currently did not have. Handicapped parking spaces were designated in the west parking lot while the handicapped entrance was on the east side of the building. The traffic flow needed to be revamped as there City of Denton City Council Minutes August 19, 2008 Page 9 was double parking on the streets and major congestion in the area. She suggested the school work with the City's Parks Department for use of parking spaces at the Denia Recreation Center during the day. Staff and faculty could park in the Denia lot. Mayor Burroughs asked the times of day when the double parking was occurring. Gore replied in the morning and especially in the afternoons. She suggested the school work with the City's Traffic Engineer to help with better flow of traffic. Linda Morrow, 2408 Westwood Drive, Denton, 76205, stated that cars parked on Mercedes and Parvin and blocked the view of traffic making for a difficult traffic situation. Cars would double park in the street. She suggested relocating the handicapped entrance to the school. Ruben Molinar, principal at Borman Elementary School, indicated that the school would like to work with the City Engineer and City Manager to solve the problem with parking. It was hard for elderly volunteers to park and walk a distance to the entrance of the school. It would be a hardship on those types of volunteers if parking were eliminated on Parvin. Mayor Burroughs asked about changing the no parking to coincide with the hours of student pick up/drop off. Ruben stated that 7:30 -8:30 and 2:30 - 3:30 would be a compromise. Volunteers were in the school between 9:00 and 2:00. Mayor Pro Tem Kamp suggested tabling the item and sending it back to the Traffic Safety Commission for a compromise plan. City Manger Campbell stated that the Commission had made a recommendation to Council and it was not required that it go back to the Commission if Council chose to change the recommen atlon. Mayor Pro Tem Kamp motioned to table the item with direction to staff to get with DISD officials for a compromise. Council Member Mulroy felt that the Commission should have had testimony from all parties before making a recommendation. He did not want to circumvent the Commission but felt that further testimony was needed. Mayor Burroughs asked if there was a notification procedure for these types of items. Frank Payne, City Engineer, stated that there were no formal notification requirements. This had been a request from the neighborhood. Mayor Burroughs felt that notice requirements were needed for future similar cases. The item could be sent back to the Commission to look at less restrictive alternatives plus the opportunity for the DISD and others to have input. City of Denton City Council Minutes August 19, 2008 Page 10 Council Member Thomson agreed that it might be best to remand the item back to the Traffic Safety Commission with encouragement to include all parties to come to a compromise solution. Council Member Mulroy offered a friendly amendment to the motion to remand the item back to the Traffic Safety Commission with more inclusive discussion and look for a compromise so ution. Mayor Pro Tem Kamp agreed to the friendly amendment. Council Member Thomson seconded the motion to table the item and remand back to the Traffic Safety Commission. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. Q. Tabled -Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin Street from its intersection with Mercedes Road to its intersection with McCormick Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (4-3). Item P was considered. Kamp motioned, Heggins seconded to table the item and remand back to the Traffic Safety Commission with instructions to work out a compromise with all parties. Notice should also be provided to the DISD when the item will be considered. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. P. Tabled -Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield Lane; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (9-0). Item T was considered. Council Member Watts questions the proportionality and 95% calculation. Mark Cunningham, Director of Planning and Development, stated that staff had completed the assessment of the proposed development and determined that the required perimeter street improvements were 95.82% to the proposed development. Council Member Watts stated that another way of saying that was that the current streets and configuration were sufficient up to 95%. City of Denton City Council Minutes August 19, 2008 Page 11 Frank Payne, City Engineer, stated that the 95% was the development's share of the improvement to bring the streets up to code. That represented how much of a demand there was on the street in relationship to the required improvements. Council Member Watts stated that the development agreement indicated that perimeter street improvements would not have to be done until the property was subdivided or the square footage of the proposed development of the 6,905 building was expanded by 1,000 square feet or 25% w is ever was greater. Payne replied that was a compromise with the developer. Council Member Watts suggested making an exact square footage requirement instead of the formula proposed. He also noted that there was no mention of the second building and questioned why the second building was excluded. Cunningham stated that there were vested rights with original building and that the improvements only applied to the expansion. Council Member Watts felt that improvements could be made to the original building and the perimeter paving would not have to be done. Cunningham stated that the trigger was the proposed structure and not the existing structure. Watts motioned, Moreno seconded to table the item to the next city council agenda in order to clear up the perimeter street paving issue. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. T. Tabled -Consider adoption of an ordinance regarding a development agreement related to the deferment of perimeter road improvements. The approximately 2.6- acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is located within a Downtown Commercial General (DC-G) zoning district. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the "City of Denton General Obligation Bonds ($7,300,000), Series 2008"; authorizing the issuance of the bonds for projects relating to streets and transportation, parks and beautification, and buildings and improvements; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. Bryan Langley, Director of Finance, presented the background information for Items A, B. and C. The General Obligation Bonds were to fund various capital improvement projects that were approved by the voters on February 5, 2005. He detailed the use of the funds for the various projects relating to streets and transportation, parks and beautification, and buildings and City of Denton City Council Minutes August 19, 2008 Page 12 improvements. Certificates of Obligation were also scheduled for consideration for projects relative to building and equipment, vehicles, parks, economic development and solid waste equipment and construction. Utility System Revenue bonds were also being considered for electric and water system infrastructure. Laura Alexander, First Southwest Company, indicated that the bonds were sold through a competitive bid process and were accepted for issuance on August 19, 2008. There were four bids for the General Obligation Bonds with the lowest bid from Wachovia Securities. Of the four bids submitted for the Certificates of Obligation, UBS Securities submitted the lowest bid. Four bids were also received for the Utility Revenue Bonds with Robert W. Baird & Co. submitting the lowest bid. She recommended that Council accept the low bid for each of the bonds. Council considered the following ordinance: N0.2008-194 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON GENERAL OBLIGATION BONDS ($7,300,000), SERIES 2008"; AUTHORIZING THE ISSUANCE OF THE BONDS FOR PROJECTS RELATING TO STREETS AND TRANSPORTATION, PARKS AND BEAUTIFICATION, AND BUILDINGS AND IMPROVEMENTS; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the "City of Denton Certificates of Obligation ($10,685,000), Series 2008"; authorizing the issuance of the Certificates of Obligations for projects relating to buildings and equipment, vehicles, parks, economic development and solid waste equipment and construction; approving and authorizing instruments and procedures relating to said Certificates of Obligation; and enacting other provisions relating to the subject. The following ordinance was considered: N0.2008-195 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON CERTIFICATES OF OBLIGATION ($10,685,000), SERIES 2008"; AUTHORIZING THE ISSUANCE OF THE CERTIFICATES OF OBLIGATIONS FOR PROJECTS RELATING TO BUILDINGS AND EQUIPMENT, VEHICLES, PARKS, ECONOMIC DEVELOPMENT AND SOLID WASTE EQUIPMENT AND CONSTRUCTION; City of Denton City Council Minutes August 19, 2008 Page 13 APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID CERTIFICATES OF OBLIGATION; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the "City of Denton Utility System Revenue Bonds ($15,290,000), Series 2008"; authorizing the issuance of the bonds for Electric and Water System infrastructure; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. The following ordinance was considered: N0.2008-196 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON UTILITY SYSTEM REVENUE BONDS ($15,290,000), SERIES 2008"; AUTHORIZING THE ISSUANCE OF THE BONDS FOR ELECTRIC AND WATER SYSTEM INFRASTRUCTURE; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Watts motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. The Council considered approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 23, 2008 City Council Public Meeting Agenda to adopt a 2008 Tax Rate that will exceed the lower of the Rollback Rate or the Effective Tax Rate; calling two Public Hearings on a tax increase to be held on September 9, 2008 and September 16, 2008 and calling a third public hearing on the fiscal year 2008-2009 annual Program of Services of the city of Denton to be held on September 9, 2008; requiring publication of a Notice of the Public Hearings in accordance with the law; requiring the posting of the Notice of the Public Hearings on a tax increase on the City's Internet Website; requiring the posting of the Notice on the Public Access Channel; and providing an effective date. Bryan Langley, Director of Finance, stated that the Texas Constitution and Texas Property Tax Code required taxing units to comply with specific guidelines in adopting tax rates. This resolution would provide public notice of the various public hearings and notices that had to be completed before the adoption of a new budget. The following resolution was considered: City of Denton City Council Minutes August 19, 2008 Page 14 N0. R2008-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 23, 2008 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2008 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 9, 2008 AND SEPTEMBER 16, 2008 AND CALLING A THIRD PUBLIC HEARING ON THE FISCAL YEAR 2008-2009 ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO BE HELD ON SEPTEMBER 9, 2008; REQUIRING PUBLICATION OF A NOTICE OF THE PUBLIC HEARINGS IN ACCORDANCE WITH THE LAW; REQUIRING THE POSTING OF THE NOTICE OF THE PUBLIC HEARINGS ON A TAX INCREASE ON THE CITY'S INTERNET WEBSITE; REQUIRING THE POSTING OF THE NOTICE ON THE PUBLIC ACCESS CHANNEL; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. E. Tabled - Consideration of adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (MPC07-0001, Inspiration) The Planning and Zoning Commission recommends approval (7-0). (Date tabled 08/05/08) Item E remained on the table. F. The Council considered appointments to the following boards and commissions: 1. Animal Shelter Advisory Committee 2. Construction Advisory and Appeals Board 3. Human Services Advisory Committee 4. Parks, Recreation and Beautification Board 5. Public Art Committee 6. Zoning Board of Adjustment City of Denton City Council Minutes August 19, 2008 Page 15 City Secretary Walters indicated that the three nominations for consideration were Alan Nelson- Construction Advisory and Appeals Board, Colleen Isaguirre-Construction Advisory and Appeals Board, and Alex Payne, Zoning Board of Adjustment. Mulroy motioned, Kamp seconded to approve the nominations subject to the City Secretary completing the qualification process. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimous y. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council received citizen reports from the following: A. Audrey Battle regarding an electric bill. Ms. Battle stated she had a concern about her utility bill. She presented bills showing her payments due and asked why her bill was so high. Her bill was made before the end of the month and she couldn't see how that could be done. City Manager Campbell indicated he would have Customer Service talk with Ms. Battle about her bill. B. Bob Clifton regarding Council term limits. Mr. Clifton felt the City was spending too much for the budget. Denton was hiring new employees while other cities were laying employees off. He again stated his position that it was questionable whether two sitting members on the Council should be there. He also felt that four year term limits would not work in Denton. C. Steve Kniatt regarding the issuance of a certificate of occupancy. Mr. Kniatt stated that he was trying to get a Certificate of Occupancy for a temporary office space for his dispatchers. Offices were currently on the site and he did not understand why the issue had to go to the Zoning Board. He presented list of inspections that needed to be done prior to the issuance of a certificate of occupancy and questioned why it was taking so long. H. New Business and Announcements The following items were suggested by Council for future agendas or announcements made: • Council Member Mulroy asked the City Manager to follow up with Mr. Kniatt on his situation with his certificate of occupancy. • Council Member Watts requested an update on the runoff drainage situation at Rayzor Ranch. City of Denton City Council Minutes August 19, 2008 Page 16 • Council Member Moreno requested information on a possible bike path on Nottingham Drive and ways to make Denton a more bike-friendly community. • Council Member Moreno requested staff look into the possibility of extending Paisley Street as currently the children walking to Lee Elementary had to either walk through the woods with no sidewalk or walk on McKinney Street • Mayor Burroughs announced that the city had received a letter from the TCEQ acknowledging the city's concerns about the cement kilns. I. City Manager's Report City Manger Campbell did not have any items for Council. J. 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. K. 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 8:25 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS