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March 4, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES March 4, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, March 4, 2008 at 4:30 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 Item #2 was considered. 2.Council received a report, held a discussion, and gave staff direction regarding a Trap- Neuter-Release Ordinance for the management of the feral cat population in the City of Denton. Scott Fletcher, Denton Police Department, stated that 700 feral cats were handled in animal services facility this past year. There were three approaches to consider with the feral cat problem. One was to try and trap the cats, hold them for the required time frame and then euthanize them. With only a few exceptions no one would be able to adopt those cats as they were too wild. This scenario was not an effective approach to the problem. Another approach was not to do anything unless citizens checked out traps in an effort to control the population. A third approach was to trap the cats, neuter them and then release them. Citizen volunteers would be needed to determine the feral cat colonies and assist with trapping the cats. The cats would be neutered, vaccinated and repopulated back in the colony. Benefits for this type of program were that it would involve the community and reduce the population of the feral colony in a humane manner. Other cities with such a program noted a decrease in the population with this method. A proposed ordinance set specific operations for the volunteers, added an educational component for the volunteers, included an oversight committee which would include a veterinarian to help the animal services supervisor with educational materials and any potential problems in the colonies. The most important aspect of the proposed ordinance was that it did not change any of the responsibilities of pet owners of domestic cats. Council discussion included: Were microchips inserted in both males and females at the time of sterilization – Fletcher replied correct. This was a very humane way to solve the feral cat problem. Was the feral cat problem concentrated in particular neighborhoods – Fletcher stated that this was a city-wide problem. Consensus of Council was to proceed with the consideration of the ordinance. Council returned to the regular agenda order. 1.Staff responded to requests for clarification of agenda items listed on the agenda for March 4, 2008. Mayor McNeill stated that Item 3E would be pulled for separate consideration. City of Denton City Council Minutes March 4, 2008 Page 2 City Attorney Snyder stated that Items 3D and 3T had amended contracts which were provided to Council. The amendment added monetary caps for the contracts. Mayor McNeill asked staff to review the reporting process for Item 3E. Bryan Langley, Director of Finance, stated that the construction project involved renovations to City Hall East for the Police Department. The project was approved in the last CIP. The purpose of agenda item was to approve a reimbursement resolution with funds being reimbursed once the bond sale was completed. Facilities Management would be the general contractor. They would provide Council with a monthly status report indicating where they were in the project and where they were in the funding area. The total amount for the project was estimated three years ago at $500,000; however, a more realistic figure was now needed for the needs of the Police Department. Additional dollars from prior projects that were under budget would be added to the construction project funding. Mayor McNeill stated that only the reimbursement resolution would be considered at this meeting. The other procedures would be formalized at a future meeting. City Manager Campbell stated that staff felt it would be better not to confuse the construction method with the funding mechanism. A resolution would be presented at the next meeting that stated the concept of the project. The Council minutes would recognize the sentiment of the Council but was not put into this ordinance. Consensus of the Council was to consider the item separately so there would be a record on how to proceed. City Attorney Snyder asked for direction on several of the Closed Session items. If Council had no questions on the Aldi item and Atmos Energy item, they would not be considered during the Closed Session. Consensus of the Council was that there was no need to discuss those two items in Closed Session. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:02 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Consultation with Attorney -- Under Texas Government Code Section 551.071. 1. Consulted with the City’s attorneys to discuss legal issues associated with City’s biodiesel production. 2. Considered and discussed litigation styled Tower v. City of Denton, Civil Action No. 4:05cv302, currently pending in the U.S. District Court, Eastern District, Sherman Division. City of Denton City Council Minutes March 4, 2008 Page 3 3. Discussed and considered strategy, status, and possible settlement of litigation with the City’s attorneys regarding Atmos Energy, GUD Docket No. 9762. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1. Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding extending the term of the Agreement with Aldi (Texas) L.L.C. from five years to seven years, or to reimburse Aldi for the design and construction costs of Westcourt Road, whichever is less. This discussion shall include commercial and financial information the City Council has received from Aldi (Texas) L.L.C., which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. C. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Consultation with the City’s attorneys regarding legal issues, including defense of pending and potential litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City’s northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 2. Considered and discussed litigation styled City of Denton v. Reichmann Petroleum Corp., Cause No. 2006-40169-362, currently pending in the nd 362 District Court of Denton County, Texas and related bankruptcy case. Items C.1. and C.2. were not considered during the Closed Session. Regular Meeting of the City of Denton City Council on Tuesday, March 4, 2008 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes March 4, 2008 Page 4 PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Montgomery, Thomson, and Watts. ABSENT: Council Member Heggins 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards Mayor McNeill presented the following proclamations: Social Work Month Red Cross Month Surveyor’s Week 3. CONSENT AGENDA Mayor McNeill reviewed the items for consideration on the Consent Agenda. Deputy Mayor Pro Tem Mulroy asked that Item E be pulled for separate consideration. Robert Donnelly presented a speaker card for Item 3A. He asked that Council pull 3A and reconsider as it was not a good plan for the City. Kamp motioned, Mulroy seconded to approve with the Consent Agenda and accompanying ordinances and resolutions with the exception of Item E. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È Item E was considered. Bryan Langley, Director of Finance, stated that the Police Department had requested a renovation of their current facilities. The project had been approved in the 2007-08 CIP budget. $500,000 was in Certificates of Obligation scheduled for a future bond sale. An additional $200,000 would be added from savings from other completed projects. The reimbursement ordinance was for the Certificates of Obligation to begin the process and reimburse after the bond sale. Facilities Management would be the contract manager for the project. Staff would supply the Council a monthly update on the basis of the construction process and the funding. A formal resolution on this procedure would be on the Council’s next agenda. City of Denton City Council Minutes March 4, 2008 Page 5 Thomson motioned, Mulroy seconded to approve the Item E. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È A. R2008-006 - A resolution of the City Council of the City of Denton, Texas, endorsing the Denton County Transportation Authority application to the Regional Transportation Council for a Regional Toll Revenue Funding Initiative (RTRFI) Grant to facilitate implementation of regional rail service from Denton, Texas to Carrollton, Texas with a connection to the Dallas central business district, and providing an effective date. The Mobility Committee recommended approval (2-0). B.2008-050 - An ordinance of the City of Denton, Texas, granting the Denton Festival Foundation, pursuant to Section 20-1(d)(3)b.6 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and setting an effective date. C.R2008-007 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc., approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith. D.2008-051 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amended contract for professional legal services with Wolfe, Tidwell & McCoy for professional legal services relating to litigation styled Tower v. City of Denton, Civil Action No. 4:05cv302 pending in the U.S. District Court, Eastern District, Sherman Division; authorizing the expenditure of funds therefor; and providing an effective date. E.2008-052 - 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 $500,000 so that the Facilities Department can begin the renovation of space at the City of Denton Police Department. F.2008-053 - An ordinance accepting competitive bids and awarding a two-year contract for the mowing of two cemeteries for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3975–Two-Year Contract for Mowing of Cemeteries awarded to the lowest responsible bidder in the annual estimated amount of $66,020 for a two year award amount of $132,040). G.2008-054 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC), Buy Board Cooperative Purchasing Network, and the State of Texas Building and Procurement Commission Department of Information City of Denton City Council Minutes March 4, 2008 Page 6 Resources (DIR) under #DIR-SDD-531; for the acquisition of five radars, ten mobile data computers, and twenty one light bars for the City of Denton Police, Fire and Public Works Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3990–Interlocal Agreement for the purchase of Miscellaneous Equipment for Police, Fire, and Public Works Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of $111,406.56). H.2008-055 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ten Mobil Vision In- Car Digital Recording Systems for the City of Denton Police Department, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3989–to L-3 Communications Mobile Vision, Inc. in the amount of $54,700). I.2008-056 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of four additional software modules for the CrewManager software program currently utilized by Denton Municipal Electric, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3980–to Unique Business Systems in the amount of $222,717). The Public Utilities Board recommended approval (5-0). J.2008-057 - An ordinance accepting competitive bids and awarding acontract for the purchase of primary and secondary insulated electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3941–Single Purchase of Insulated Electric Distribution Cable awarded to the lowest responsible bidder meeting specification, Techline, Inc., in the estimated amount of $2,087,679). The Public Utilities Board recommended approval (5-0). K.2008-058 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to approve an Encroachment Agreement between the City of Denton and SFT Industrial, L.P. to allow the installation of two stainless steel ethanol transfer lines and electric conduit and service lines and related appurtenances within an existing City of Denton Public Access and Firelane and Utility Easement; said tract being described as a 43 square foot tract of land situated in the O. S. Brewster Survey Abstract No. 56, being part of Lot 1B, Block 1 of Granite Point Addition, Phase 1, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Slide 753-757, Plat Records, Denton County, Texas, and providing an effective date. The Public Utilities Board recommended approval (5-0). City of Denton City Council Minutes March 4, 2008 Page 7 L.2008-059 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 6 by amending Section 6-2 definitions to add definitions related to feral cats; by adding Article III regulating feral cat colonies; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. M.R2008-008 - A resolution of the City Council of the City of Denton, Texas supporting the University of North Texas in the creation of a four-year comprehensive aviation sciences program at the Denton, Texas campus, and providing an effective date. The Mobility Committee recommended approval (2-0). N.R2008-009 - A resolution reviewing and adopting revisions to the Investment Policy for funds for the City of Denton; and providing an effective date. The Investment Committee recommended approval (5-0). O.R2008-010 - A resolution of the City Council of the City of Denton amending the City's designated authorized representatives in the Texas Local Government Investment Pool ("Texpool"); and providing an effective date. The Investment Committee recommended approval (5-0). P.2008-060 - An ordinance approving an employment agreement between the City of Denton and Robin A. Ramsay reappointing him as the Presiding Judge of the City of Denton Municipal Court; authorizing the expenditure of funds; and providing an effective date. The Council Appointee Performance Review Committee recommended approval (3-0). Q.2008-061 - An ordinance approving a salary increase for Steve Shepherd under the performance review provision of his employment agreement with the City; authorizing the expenditures of funds; and providing an effective date. The Council Appointee Performance Review Committee recommended approval (3- 0). R.2008-062 - An ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditures of funds; and providing an effective date. The Council Appointee Performance Review Committee recommended approval (3- 0). S.Approved the minutes of: February 4, 2008 February 5, 2008 February 12, 2008 February 18, 2008 February 19, 2008 City of Denton City Council Minutes March 4, 2008 Page 8 T.2008-063 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a third amended contract for professional legal services with Kelsey, Kelsey, Collister & Hickey for professional legal services relating to litigation styled City of Denton v. Reichmann Petroleum nd Corp., Cause No. 2006-40169-362, currently pending in the 362 District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding changing the street name of Pearl Street to McKinney Street between Bolivar Street and Carroll Boulevard. (SI07-0003, Pearl Street Name Change) The Planning and Zoning Commission recommended approval (6-0). Brian Lockley, Planning Manager, stated that this request was initiated by North Star Bank to help eliminate confusion by bank patrons and the general public on this portion of McKinney Street. Notices were sent out regarding the name change which would only be from Boliver Street and would stop at Carroll Blvd. As there was no through traffic to the other side of Carroll, the name change would not affect that area of the street. He detailed the actions taken by staff and the remaining actions to do upon adoption of the ordinance such as changing out signs and the Planning staff sending out a letter and a copy of the ordinance to local agencies, neighborhoods, the utility company, U.S. Post Office and 911. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2008-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A STREET NAME CHANGE FROM PEARL STREET TO MCKINNEY STREET BETWEEN ITS INTERSECTIONS WITH CARROLL BOULEVARD AND BOLIVAR STREET; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (SI07- 0003) Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È B. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, regarding designating the property located at 122 North Locust Street as a historic landmark under section 35.7.6 of the Denton Development Code; providing for a penalty City of Denton City Council Minutes March 4, 2008 Page 9 in the maximum amount of $2000 for violations thereof; and providing for an effective date. The Historic Landmark Commission recommended approval (7-0). The Planning and Zoning Commission recommended approval (6-0). Julie Glover, Historic Preservation Officer, stated that this property already had the designation of a national registered district and approval of this ordinance would give local recognition to the property. The opposition comments mentioned use changes and interior changes which were not covered by the preservation ordinance. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2008-065 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 122 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È C. The Council held a public hearing and considered approval of a resolution of the City of Denton, Texas, determining the current rates of the Atmos Energy Corporation, Mid-Tex Division to be unjust and unreasonable; providing for a reasonable notice and hearing; finding that the meeting complied with the open meetings act; and declaring an effective date. John Knight, Deputy City Attorney, presented the background information on the proposed resolution. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following resolution was considered: City of Denton City Council Minutes March 4, 2008 Page 10 NO. R2008-011 A RESOLUTION OF THE CITY OF DENTON, TEXAS, DETERMINING THE CURRENT RATES OF THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE UNJUST AND UNREASONABLE; PROVIDING FOR A REASONABLE NOTICE AND HEARING; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to approve the resolution. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution of the of City of Denton, Texas, approving a settlement agreement between Atmos Energy Corporation, Mid-Tex Division and Atmos Texas Municipalities; declaring existing rates to be unreasonable; adopting rate adjustments consistent with the Settlement Agreement; finding the rates to be set by the attached tariffs to be just and reasonable; finding that the meeting complied with the open meetings act; requiring delivery of this Resolution to the company and legal counsel; and declaring an effective date. Council Member Thomson left the meeting. The following resolution was considered: NO. R2008-012 A RESOLUTION OF THE OF CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY CORPORATION, MID-TEX DIVISION AND ATMOS TEXAS MUNICIPALITIES; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Watts seconded to approve the resolution. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È B.The Council considered adoption of an ordinance of the City of Denton authorizing the Mayor to execute a Second Amendment with Aldi (Texas) L.L.C., which was first amended by the City Council on January 8, 2008 by Ordinance 2008-006, to extend the term of the Agreement from five years to seven years, or to reimburse Aldi for the design and City of Denton City Council Minutes March 4, 2008 Page 11 construction costs of Westcourt Road, whichever is less; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommended approval (6-0). Linda Ratliff, Director of Economic Development, stated that this was the second amendment for this agreement. The original agreement was for Aldi to be reimbursed for construction of the road. TxDot had placed additional requirements on the project plus added a project. A temporary right-of-way and a four lane intersection would have to be included in the project. Aldi requested an additional two years on the agreement for the cost of the road. The term of the contract would be extended to seven years from five and the cost would not exceed the actual cost of the road. The following ordinance was considered: NO. 2008-066 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT WITH ALDI (TEXAS) L.L.C., WHICH WAS FIRST AMENDED BY THE CITY COUNCIL ON JANUARY 8, 2008 BY ORDINANCE 2008-006, TO EXTEND THE TERM OF THE AGREEMENT FROM FIVE YEARS TO SEVEN YEARS, OR TO REIMBURSE ALDI FOR THE DESIGN AND CONSTRUCTION COSTS OF WESTCOURT ROAD, WHICHEVER IS LESS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously È C.New Business and Announcements The following items of New Business were suggested by Council Members for future agendas: Council Member Watts – a work session on city initiated construction projects. Council Member Montgomery - a work session look at the extension of Brinker Road. D.City Manager’s Report City Manager Campbell did not have a report for Council. E.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. F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes March 4, 2008 Page 12 There was no official action on Closed Meeting items. With no further action, the meeting was adjourned at 7:22 p.m. _____________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS