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September 23, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 23, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Work Session on Tuesday, September 23, 2008 at 5:00 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 September 23, 2008. Mayor Pro Tem Kamp indicated that she would be pulling Consent Agenda Item H for separate consideration. Mayor Burroughs indicated that he also had an item to discuss with Consent Agenda Item H. Council Member Thomson asked for an explanation during the regular meeting as to the reasons that the new water tower could not be moved from the proposed site on Roselawn. Mayor Burroughs indicated that specific language needed to be used for the motion for Item 3A. Whoever made the motion for that item must use that language. Council Member Moreno asked about Item 3C relative to what happened to the excess resources over the expenditures. Bryan Langley, Director of Finance stated that some of the resources would be replenishing some of the reserves. There were also resources realized from both the airport and non-airport gas well revenues for which, at this point in time, there were no associated expenditures. Council Member Moreno noted that Item 5D had a proposed fee for residents who would leave a television set for garbage pickup. Assistant City Manager Martin stated there would be a $20 fee for such an item but that there was also a free collection service that would be advertised ahead of the time line. Council Member Moreno suggested a public service announcement that a converter box was available for outdated television sets. Council Member Moreno asked about the service support calls noted in Consent Agenda Item 4P. He felt that the amount of service calls was rather large for a one month period. Kevin Gunn, Director of Technology Services, stated that the contract was a maintenance service contract for the police and fire department dispatch and records management system. The calls were for fiscal year October 2007 to August 2008 and not for just one month. Council Member Watts noted that the cost breakdown analysis for the past 6 years showed a large increase during one year. He felt this increase was due to the purchase of additional modules or components. City of Denton City Council Minutes September 23, 2008 Page 2 Gunn replied correct that two additional modules were purchased that year. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:20 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Received a briefing and information pertaining to certain competitive electric matters including, without limitation: present and future maintenance issues, financial issues, operational issues, legal issues, reliability issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, consider, and provide Staff as well as the Denton City Council with direction and recommendations regarding such matters. B. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Received, considered and 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. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Council was to 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 considered in Closed Session Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 23, 2008 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes September 23, 2008 Page 3 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 Burroughs presented a proclamation for National Rehabilitation Awareness Celebration Week. 3. BUDGET ITEMS FOR CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2008, on all taxable property within the corporate limits of the City on January 1, 2008, 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. Bryan Langley, Director of Finance, stated that he would make a presentation on the next four items. Two public hearings had been held on the tax rate. In addition to the ad valorem tax, Council would also be approving the tax rolls, the 2008-09 budget and the first year of the Capital Improvement Program. The following ordinance was presented: NO. 2008-207 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LEVYING THE AD VALOREM PROPERTY TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2008, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2008, 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. Kamp motioned, Thomson seconded that property taxes be increased by the adoption of a tax rate of $0.66652 for each $100 of taxable value. A comment card was submitted by Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, in opposition. City of Denton City Council Minutes September 23, 2008 Page 4 On roll vote to adopt the ordinance, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. The Council considered an ordinance of the City of Denton, Texas, approving the 2008 tax rolls; and providing an effective date. The following ordinance was considered: NO. 2008-208 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2008 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Watts 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 an ordinance of the City of Denton, Texas, adopting the fiscal year 2008-2009 Annual Program of Services (Budget) and the first year of the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2008, and ending on September 30, 2009; and declaring an effective date. Heggins motioned, Mulroy seconded to adopt the ordinance. Council Member Thomson asked for a review of the placement of the water tower on Roselawn as it was a related project for the upcoming CIP program. Frank Payne, City Engineer, provided an update on the location of the site of the water tower. The proposed ordinance was only asking for approval of the expenditure of funds for a tank at this meeting and was not asking for approval of the site. Staff had participated in a long selection process of the proposed site. Staff would be working to not to go below 50% removal of trees. Council Member Mulroy stated that Council would not routinely look at the selection of the site. The contract for purchase of the property or a planning item for the site would be seen again by Council but not the site selection itself. A speaker card was presented by Alice Gore, 2215 Westwood, Denton, 76205 who was opposed to the proposed location of the water tower. A comment card was submitted by Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, who was in opposition to the item. The following ordinance was considered: City of Denton City Council Minutes September 23, 2008 Page 5 NO. 2008-209 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING THE FISCAL YEAR 2008-2009 ANNUAL PROGRAM OF SERVICES (BUDGET) AND THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2008, AND ENDING ON SEPTEMBER 30, 2009; AND DECLARING AN EFFECTIVE DATE. On roll vote to adopt the ordinance, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas, ratifying and approving the adoption of the fiscal year 2008-2009 Annual Program of Services (Budget) and the first year of the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2008 and ending on September 30, 2009 when the budget will raise more total property taxes than last year's budget; and providing an effective date. The following ordinance was considered: NO. 2008-210 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RATIFYING AND APPROVING THE ADOPTION OF THE FISCAL YEAR 2008-2009 ANNUAL PROGRAM OF SERVICES (BUDGET) AND THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2008 AND ENDING ON SEPTEMBER 30, 2009 WHEN THE BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Thomson 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. 4. CONSENT AGENDA Mayor Burroughs stated that Item H would be pulled for separate consideration. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item H. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item H was considered. Mayor Pro Tem Kamp requested more information on the fee for Table 10, Item 16 City of Denton City Council Minutes September 23, 2008 Page 6 Kurt Hansen, Building Official, stated that the temporary permit was for vendors for special events. Some of the events were sponsored by the city, some not sponsored by the city. The increase in the fee was in line with the inspections necessary by the Health Inspectors during the event. Mayor Pro Tem Kamp suggested making a distinction between profit and non-profit permit fees and questioned the budget implication if that were done. Bryan Langley, Director of Finance, stated that the impact would be less than $2,000 if the fee remained at $20 for non-profit vendors. Council Member Mulroy asked what comparable cities were charging for this type of fee. Hansen replied that the proposed fee was in line with other cities such as Plano. Council Member Heggins stated that she was not in support of the increase for non-profit organizations. Council Member Watts questioned if there was a distinction between profit and non-profit events or profit and non-profit vendors. He asked who was charged the fee – the vendor or the event sponsor. Council Member Mulroy stated that it would be hard to differentiate between a profit and non- profit vendor. He suggested Council stay away from making a quick decision regarding profit and non-profit fees. He suggested keeping the fee at $20-$30 for all vendors this year and then review the fee again next year. Mayor Pro Tem Kamp stated that upon further thought, making this type of distinction did put staff in a difficult position to determine profit and non-profit vendors. Langley stated that if the fee were left at $20 for non-profits, the budge impact would be $2,000. He did not have the figures for a budget impact if both the profit and non-profit fee were kept at $20. Mayor Burroughs stated that he had no problem with maintaining the lower fee for non-profits. If the fee were raised for profits, it would be a business decision on the part of the vendor whether to participate or not. The impact would be on the individual vendor rather than on the charitable event. Hanson stated that a vendor would have to show a non-profit status to receive the lower rate. Council Member Mulroy suggested getting more background information and defer this increase at this point in time. Kamp motioned, Mulroy seconded to leave the overall permit fee at $20 until Council had more information. City of Denton City Council Minutes September 23, 2008 Page 7 Mayor Burroughs stated that he had a concern regarding Table 1, Item 1, single-family residential building permit fees. The proposal was to change from a standard fee flat fee to a sliding scale based on square footage. He suggested pulling that fee from the schedule and keeping the current fee until more information was given on the sliding scale. He suggested considering a capping of the amount charged for larger homes to encourage the development of those types of homes in Denton. He offered that as a friendly amendment to the motion. Mayor Pro Tem Kamp and Council Member Mulroy agreed to the amendment. On roll vote to maintain the temporary vendor permit (Table 10, Item 16) at $20 and maintain the current fee for single-family residential permits (Table 1, Item 1), Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. 2008-211 - An ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2007-210 for electric service; amending General Service Small Schedule (Schedule GSS); amending the General Service Medium Schedule (Schedule GSM); amending the General Service Large Schedule (Schedule GSL); amending the General Service Time of Use Schedule to exclude the Fourth of July and Labor Day Holidays (Schedule TGS); adding the Schedule for Unmetered School Zone/Crossing Flashers (Schedule UFL); adding the schedule for Unmetered Traffic Lighting (Schedule ULT); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (7-0). B.2008-212 - An ordinance amending the Schedule of Water Rates contained in Ordinance No. 2007-208 for water service rates and water rates; amending the Residential Water Service Rate (Schedule WR); amending the Commercial/Industrial Water Service Rates (schedule WC); amending the net rate and facility charge on the Metered Water from Fire Hydrant Rate (Schedule WFH); adding two new rate designations, WW3 and WD3 to the Wholesale Treated Water Service to Upper Trinity Regional Water District Rates (Schedule WW); amending the Wholesale Raw Water 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); amending several water meter fees; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (7-0). C.2008-213 - An ordinance amending the schedule of Wastewater Rates contained in Ordinance No. 2007-209 for wastewater service; adding a septage & chemical toilet disposal at the septage transfer station schedule (Schedule SCJ); update NAICS codes on (Schedule SEE); amend the rates for dyno dirt products (Schedule CWM); amending the landfill rates for grass, brush and leaves and the minimum charge per load (Schedule GBL); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (7-0). City of Denton City Council Minutes September 23, 2008 Page 8 D.2008-214 - An ordinance of the City of Denton, Texas amending the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2007-211 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 an increase in the monthly Residential Refuse Cart Rates (Schedule SWR); an increase in the mobilization charge for the collection of residential construction & demolition waste (Schedule SWR); the addition of a charge for the collection, processing, and disposal of televisions, monitors, video displays, electronic devices, and certain appliances containing cathode ray tubes, LCD displays or plasma displays (Schedules SWR, SWC, and SWL); the establishment of a multi-family refuse collection services rate (Schedule SWMFS); an increase in the monthly residential recycling and minimum billing rate (Schedule SWRR); an increase in commercial solid waste collection services rates for front-end load container services; for commercial cart service; for roll-off open-top container service; for roll-off compactor container service; for six cubic yard compactor service; amending the roll-off container rates to apply landfill charges based on the weight or volume of materials hauled; the addition of a collection and transportation service fee for scheduled hauls and for demand response hauls; and additional provisions for the collection of construction and demolition materials; an increase in the commercial minimum monthly refuse charge; an increase in the roll-off container delivery charge; an increase in the relocation of roll-off container charge; an increase in the fee for roll-off containers that are inaccessible at the time of collection; and modifications of the service requirements and charges; adding service requirements for equipment use and equipment location; adding indemnification and hold harmless provisions (Schedule SWC); increasing several of the commercial recycling services rates (Schedule SWCR); adding a construction, deconstruction, and demolition materials services rate schedule (Schedule SWC&D); increasing the collection and transportation services permit rate; modification of several service fees and container charges, together with modifications to the small operator’s service fee, container fees and right-of-way fees (Schedule SWP); an increase in the landfill volume charges per cubic yard for municipal solid waste (MSW) and construction and demolition (C&D) materials; increasing the landfill tire disposal charges; increasing the yard waste rates for materials delivered to the landfill; the establishment of a rate for large volume rates for inert materials delivered to the landfill; consolidation of the rates for the sale of sand, select soil, and rock (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommended approval (7-0). E. 2008-215 - An ordinance amending the Schedule of Engineering Fees contained in Ordinance No. 2007-213 for the Engineering Fees Ordinance; amending the Public Works Inspection Overtime Rate; amending the Parking Lot Permit Fees; amending the Right-of-Way Inspection Overtime Rate to the city of Denton, Texas for public improvements that are constructed by developers, that are related to private development; providing a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommended approval (7-0). City of Denton City Council Minutes September 23, 2008 Page 9 F. 2008-216 - An ordinance of the City of Denton, Texas providing for the Schedule of Miscellaneous Fees, Deposits, Billings and Procedures for Administrative Services to City Utilities Customers contained in Ordinance No. 2007-212; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (7-0). G.2008-217 - An ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an economic development partnership; and providing an effective date. H.2008-218 - An ordinance of the City of Denton, Texas, establishing a new schedule of permit fees for various permits issued by the Building Inspector; superseding prior fee schedules to the extent of conflict, and providing for an effective date. I.2008-219 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of sand, soil, lime and aggregate for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4119–Annual Contract for the Sand, Soil, Lime and Aggregate awarded to the lowest responsible bidder meeting specification for each item in the estimated annual amount of $2,000,000). J.2008-220 - An ordinance accepting competitive bids and awarding a contract for the purchase of Janitorial Services for various City Departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4129– Janitorial Services awarded to Britton Building Maintenance, Inc. in the amount of $438,622). K.2008-221 - An ordinance awarding a contract for the purchase of annual maintenance for the City of Denton Cisco networked devices (SMARTnet) including switches, hubs, routers, and Cisco IP phone equipment including 24 hour/7 days per week Technical Assistance Center (TAC) support on all equipment located in City of Denton facilities as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-239; providing for the expenditure of funds therefor; and providing an effective date (File 4141–Annual Maintenance for Cisco Networked Devices awarded to INX, Inc. (F/K/A InterNetwork Experts) in the amount of $102,256.40). L.2008-222 - An ordinance accepting sealed proposals and awarding a contract for high technology procurement for Data Storage Network (SAN) for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (File 4133–Purchase of Storage Area Network awarded to E.S.T. Group in the amount of $127,148.00). M.2008-223 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a multi-year contract for the purchase of cellular phone services; providing for the expenditure of funds City of Denton City Council Minutes September 23, 2008 Page 10 therefor; and providing an effective date (File 3816–Interlocal Agreement with Tarrant County for the purchase of cellular phone services, contract awarded to Progressive Concepts, Inc. in the estimated annual amount of $293,000). N.2008-224 - An ordinance of the City of Denton, Texas approving change order six and amendment to a professional service agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing an effective date. (File 4155–in an amount not to exceed $126,000). The Mobility Committee recommended approval (3-0). O.2008-225 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for 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 4135–Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $87,545.93). P.2008-226 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for 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 4136–Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $182,000.89). Q.2008-227 - An ordinance approving the expenditure of funds for the purchase of annual service access and support for 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 4137–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 $99,599.88). R.2008-228 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) 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 4138–Purchase of Annual City of Denton City Council Minutes September 23, 2008 Page 11 Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $98,236.16). S.2008-229 - An ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from US Aviation Group LLC to Sykes-Vaughan Investments LLC. located at 4850 Spartan Drive at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommended approval (6-0). T.2008-230 - An ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from US Aviation Group LLC to Sykes-Vaughan Investments LLC. located at 4700/4790 John Carrell Road at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommended approval (6-0). U.2008-231 - An ordinance ratifying a Development Agreement between the City of Denton and Allegiance Hillview, L.P., associated with mass grading operations at Rayzor Ranch; and declaring an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton, Texas an Advance Funding Agreement in the amount of $281,689.76 by and between the City of Denton, Texas and the Texas Department of Transportation (TxDOT) for the rebuilding with concrete pavement of 700 feet of city street (Colorado Avenue) which is directly adjacent to Loop 288 in conjunction with the Loop 288 widening project; providing for the expenditure of funds therefor; and declaring an effective date. Frank Payne, City Engineer, reviewed the location of the project. The funds were approved in the 2005 bond election to be included in the construction widening of Loop 288. The following ordinance was considered: NO. 2008-232 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON, TEXAS AN ADVANCE FUNDING AGREEMENT IN THE AMOUNT OF $281,689.76 BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE REBUILDING WITH CONCRETE PAVEMENT OF 700 FEET OF CITY STREET (COLORADO AVENUE) WHICH IS DIRECTLY ADJACENT TO LOOP 288 IN CONJUNCTION WITH THE LOOP 288 WIDENING PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes September 23, 2008 Page 12 Mulroy motioned, Kamp 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.Council was to consider adoption of an ordinance of the City of Denton, Texas approving a compromise settlement agreement between plaintiffs JNC Partners Denton, LLC, White Cake Denton, L.P., John Lau, and Campbell Road Holding Company and the City of Denton; authorizing the City Manager and the City’s attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. This item was not considered. None of the tabled items were considered. Tabled C.– 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 Date tabled 8/19/08 (DC-G) zoning district. () Tabled D. – 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 (Date tabled 8/19/08) approval (9-0). Tabled E. – 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 Streetproviding 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 Date tabled 8/19/08 approval (4-3). () Tabled F.– 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 138 (PD-138) 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 City of Denton City Council Minutes September 23, 2008 Page 13 158, 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 (Date tabled 08/05/08) Commission recommends approval (7-0). G.New Business Council Member Heggins requested information on the time limits for parking on the Square for a citizen who had a property on the Square. Council Member Thomson requested staff investigate the possibility of allowing city retirees to have free entrance to North Lakes Recreation Center. Mayor Burroughs suggested adding to the charge of the Tree Committee to identify stands of trees worthy to preserve. Council Member Moreno reminded the public that Fiesta on the Square was Friday. Mayor Pro Tem Kamp reminded Council that Saturday was the day to clean their adopt-a- spot. H.City Manager’s Report Acting City Manager Martin did not have a report for Council. I.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Session. J.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Kamp motioned, Mulroy seconded the approval of the fourth amendment to the tolling agreement between the City and JNC as previously described during the Closed Session. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried unanimously. With no further business, the meeting was adjourned at 8:00 p.m. ___________________________ _____________________________ MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS