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March 3, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES March 3, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 3, 2009 at 2:30 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 March 3, 2009. Council Member Thomson questioned if there were other bids for the project in Consent Agenda Item 3G. Emerson Vorel, Director of Parks and Recreation, stated that Floyd Smith was the contractor for that type of concrete work and that all flat concrete work went through Smith. This work was for plazas behind basketball backstops so concrete was a better material than asphalt. Council Member Mulroy asked for a clarification on Consent Agenda Item 3J. As it was written, the language in the letter from the manufacturer had a loop hole in it. He felt it should state “only authorized dealer” instead of “in the state of Texas”. He asked staff to review that language. Mayor Burroughs asked for a listing of the DME projects noted in Consent Agenda Item 3H. Phil Williamson, General Manager of Electric Utilities, stated that the five projects were Foster Road at the Landfill, Airport Road, Rails to Trail Phase III, Water Reclamation Plant, and Underwood at Avenue A. 2.Council received a report, held a discussion, and gave staff direction regarding the City’s Comprehensive Annual Financial Report (CAFR) and External Audit Report. Bryan Langley, Director of Finance, presented a briefing on the CAFR report. Overview and Purpose - discuss the CAFR report sections, provide a review of accounting basis and financial statement presentation, discuss key financial information for the major operating funds, discuss the audit process and comments, and provide an opportunity for auditor to discuss the financial statements with Council. Report Overview – The CAFR was comprised of three distinct sections. The CAFR had more disclosure and transparency than private company reports. The report had been designed to comply with GAAP/GASB guidelines. Financial Presentation-governmental funds used a modified accrual and current financial resources management focus while proprietary funds used a full accrual accounting and economic resources focus. An entity-wide presentation provided a consolidated view of the organization using one basis of accounting. Individual fund level presentations were dictated based on whether the funds were governmental or proprietary in nature. City of Denton City Council Minutes March 3, 2009 Page 2 Key Financial Information - Net assets for City increased by $30.7 million in FY 2008 due primarily to higher net revenue from business type activities. Non-current liabilities increased by $14 million due to the issuance of bonds. The General Fund unreserved/undesignated fund balance was $25.3 million, an increase of $2.26 million from the prior year. Audit Comments - The City received an unqualified or “clean” opinion from the audit firm. Weaver and Tidwell provided recommendations for two improvements. The first dealt with Municipal Court receipts with a recommendation to implement policies and procedures to prevent unauthorized non-cash transactions from being entered into the Municipal Court system. The second dealt with access controls with a recommendation that all inappropriate generic computer system IDs be removed and require a regular review of these IDs in the future. Staff agreed with these recommendations and had already implemented revised procedures to address the concerns. Council Member Mulroy noted that the Community Development Department had again received no negative remarks regarding that department and felt that it was a high achievement for that department. 3.The Council received a report, held a discussion, and gave staff direction regarding the evaluation and implementation of a fixed asset/job cost accounting system. Bryan Langley, Director of Finance, stated that the current method of fixed asset/job cost accounting used excel spreadsheets. With that system, data could be corrupted or deleted, depreciation formulas could be inaccurate, assets could not be easily aggregated by component systems, the process could lead to errors, and tracing data to spreadsheets was difficult due to limited data in Excel. The City used 19 separate software applications to manage fixed asset data and other operational issues. The fixed asset records were maintained and updated with a manual process, job cost data was manually calculated, various systems did not communicate with each other or the JD Edwards Financial System, and the full capability of the JD Edwards system was not known. Proposed strategy - conduct a needs assessment /gap analysis to determine specifications of FA/JC implementation. Release implementation of a request for proposal and evaluate the responses. Supplement with an implementation team to contract with IT and Accounting support. Objective of Needs Assessment/Gap Analysis - There were no interfaces between the 19 third party applications and the JD Edwards financial system. The objective of the needs assessment/gap analysis was to evaluate continued use of the third party applications in place of JDE, interfacing of third party applications with JDE, replacement of third party applications with JDE and a combination of above options. He reviewed the project costs which included the consultant costs, needs assessment/gap analysis, implementation, temporary IT services and temporary accounting services. Project Justification – the City managed approximately $660 million in fixed asset records, DME could realize direct financial benefits by properly classifying and accounting for transmission assets, other departments would benefit by more accurate recordkeeping, efficiency of City of Denton City Council Minutes March 3, 2009 Page 3 accounting operations would be improved and processes would need to be improved as the City’s population continued to increase. Next steps - March 3 recommend a contract award for the needs assessment/gap analysis; July 2009, complete the gap analysis; late summer 2009, discuss results of the needs/assessment/gap analysis with the Public Utilities Board and the Audit/Finance Committee; September 2009, release implementation request for proposal; and Fall 2009, begin implementation. Mayor Burroughs asked if the Council voted to approve the analysis at this meeting and the economy went down either further, could the project wait for a year. Langley replied that it would not be a problem to wait a year. Council Member Thomson stated that combining the 19 different systems would provide better efficiency of the system. Langley replied yes but they probably would not get rid of all 19 systems as some do different functions which were still needed. 4.The Council received a report, held a discussion and gave staff direction regarding renewing the Red Light Camera contract. Captain Scott Fletcher, Denton Police Department, provided a historic overview of the project. The project was operated under contract with Redflex Traffic Systems. The four original intersections were chosen for traffic volume, red light violations, red light accidents and traditional enforcement options. The program began in May 2006. The original intersections included Hickory and Bell, Oak and Carroll, Spencer and Mayhill Road and Shady Oaks and Woodrow. Program Evaluations – There were two ways to evaluate the red light violations. During the first 31 months of operation, the program showed an overall reduction of more than 74% and 5 of 6 approaches targeted were reduced. The second method of evaluation involved the accident side. Statistics were looked at for two years before the cameras were installed and after the cameras were installed. Red light accidents, red-light related accidents and overall accidents appeared to be reduced. Financial Aspects – the current contract was $5,153 per camera/month. The first year had a net of $200,000 revenue which was used for police equipment and school crossing safety improvements. Since October 2007 there was an average net loss of $14,132 per month. Expansion Locations – it was being suggested that the program be expended to include E. University and Mayhill, Fort Worth Drive and the I-35 Service Road, Loop 288 and I35, University and Carroll, and University and I35. Technology Improvements – improvements in the program included inductive loop sensors which would improve detection rate, better monitor individual lanes and reduce “false positives”. City of Denton City Council Minutes March 3, 2009 Page 4 Contract Renewal Terms –terms for the new contact would include a cost of existing cameras at $4870 per camera/month, up to a $2000 credit/month based on performance, new cameras installed at $4870 per camera/month and the cost neutrality clause would continue. Recommendations- renew the red light camera program contract, upgrade the existing intersections and expand the program to the planned intersections. Council Member Heggins asked about right turn on red violations. Fletcher stated that the system worked with video as well as pictures so the violation could be seen. A driver must come to complete stop before proceeding to turn right on red. Some stops were subject to interpretation as often a driver thought he made complete stop when he really did not. Council Member Thomson noted that if the program were running in a deficit from Redflex, the State would not be receiving any funds. Fletcher replied correct. Mayor Prom Tem Kamp asked why the intersection at Carroll and University was not being used. Fletcher stated that a video analysis was done and there were enough violations to warrant a camera at that intersection but the layout was not adequate for placement. 5.The Council received a briefing, held a discussion and gave staff direction on proposed amendments to Subchapters 12, 13, and 23 of the Denton Development Code (DDC). These are staff initiated Code amendments to clarify standards and regulations regarding outside storage and outside display requirements; revise the requirement for window and door areas for single- family residential dwellings, multiple unit residential dwellings and multi-family development; provide definitions for windows and doors; and revise the definitions of front lot line, front yard, rear yard and side yard. The purpose of this work session is for the City Council to review the proposed amendments and provide staff with direction. The Planning and Zoning Commission recommended approval (6-0). (DCA08-0009) Mark Cunningham, Director of Planning and Development, stated that the proposed amendments would provide clarity and consistency in the interpretation and enforcement of regulations related to outdoor storage and façade requirements. Outside storage/outside display – the proposed amendments to the Denton Property Maintenance Code would regulate both commercial and residential outside storage. In addition, language differentiating outside storage from outdoor display was proposed for clarity and congruency between the two documents. Mayor Burroughs asked if the five foot setback from the property line included brick. Cunningham replied that it applied to anything as it would be easier to enforce if everything were the same. City of Denton City Council Minutes March 3, 2009 Page 5 Council Member Watts asked if front porch storage of lawn patio furniture intended for outdoor usage would be within the regulations. Cunningham stated that the provisions took that into consideration. Council Member Watts stated that the Code language did not indicate that and he wanted to make sure there was no inconsistency on the part of property maintenance code. Council Member Mulroy stated that the property maintenance code made those exceptions. The Denton Development Code looked at land use for new development while the Property Maintenance Code looked at existing property. Cunningham stated that outside display would use the requirements in the Property Maintenance Code. Those were items intended to be sold or rented. He reviewed the definitions of outside storage and outside display. Council Member Mulroy suggested inserting the words “immediate sale” into the definition of outside storage. Cunningham reviewed the provisions for window/door opening requirements. The current code required that all walls, except gabled roof areas, which faced a street other than an alley, must contain at least 25% of the wall space in windows or doors. This provision applied to single- family residential structures only and often made it difficult to create a functional floor plan that met both the minimum window/door opening requirements and exceeded the Energy Code requirements by 10%. As a result an applicant might use false windows or doors. Developers of multi-family developments and multiple unit residential dwelling have identified similar issues as being challenging. Staff was recommending alternative language which would correct this situation for both single-family residential and multifamily residential units. Cunningham noted that various definitions would be included or revised in order to provide clarity. Those areas included windows and doors, front lot line, front year, rear yard and side yard. 6.The Council received a briefing, held a discussion and gave staff direction on the proposed amendments to Subchapters 13 and 23 of the Denton Development Code (DDC). These are staff initiated Code amendments to clarify the buffer, screening and fencing requirements in Subchapter 13, and to provide definitions for master planned development, buffer, fence, perimeter fence, screening, and refuse containers. The purpose of this work session is for the City Council to review the proposed amendments and provide staff with direction. The Planning and Zoning Commission recommended approval (5-0). (DCA08-0012) Mark Cunningham, Director of Planning and Development, stated that staff was proposing language to clarify the buffer, screening and fencing requirements found in Subchapter 13 of the Development Code to assure consistency and congruity between the Development Code and the Property Maintenance Code. City of Denton City Council Minutes March 3, 2009 Page 6 In terms of buffers, Cunningham noted buffer locations, effect of easements, and a buffer matrix which outlined the requirements for buffers and was based on the intensity/density between land use categories. Council Member Mulroy asked if agriculture/live stock was based on zoning or existing use. Cunningham stated it was on existing use. Council Member Mulroy stated that larger tracts of land may have varying requirements. Cunningham stated staff would relook at those requirements. Mayor Burroughs asked if the new provisions would apply to a single-family residence where someone had to rebuild after fire or added on less than the required percentage. Cunningham stated that those would be vested and would use the code when originally built. Mayor Burroughs felt that a very specific mix of vegetation was being required which might prohibit a line of more expensive trees. Cunningham stated that current canopy trees would be counted towards overall canopy coverage. Mayor Burroughs felt that by forcing a very definitive breakdown of vegetation there would be a lot of exceptions. He felt it would be easy to provide for a variance to put in different types of trees. Cunningham stated that a clause could be added to change types of trees if desired. Council Member Mulroy agreed that the provision should be flexible in types and mix of vegetation. He questioned if the buffer requirement for fencing was adequate or was a combination of both fencing and vegetation better. Cunningham stated that originally it had been fencing but that was not good for the blocking of light. This was a proactive approach so the different uses could exist in harmony. Vegetation might take a long time to outgrow parking lot lights so a consideration was types and flexibility of uses. Council Member Mulroy asked why the tree canopy to be counted was at 40% instead of 100%. Cunningham stated that one issue for 100% was that there could be a large tract with 100% of the buffer on one side on the tract and then the developer could clear cut the rest of the property. Staff was trying to avoid clear cutting. Mayor Burroughs asked about the timing of planting. He felt there should be a provision to avoid having to plant in the middle of the summer. Cunningham stated that a tree standard manual was proposed in which that issue would be addressed. There should be some variance for the planting season. City of Denton City Council Minutes March 3, 2009 Page 7 Cunningham continued with perimeter fencing and screening requirements. Staff was recommending that perimeter fencing was not mandatory but when used must have specific requirements. Fence materials, security fences, fence height, fence location, setbacks, and clear visibility areas were noted. Staff wanted to be flexible to allow different types of fencing materials. Council Member Watts asked about building in the easement. Cunningham stated that it could be done but if utility work was needed in the easement, then the fence would be taken down and the owner would be responsible to put it back up at his expense. Council Member Mulroy stated that going forward Planning would not approve the placement of a fence in an easement or on a right-of-way, nor could a fence permit be obtained. Cunningham replied correct. Council Member Watts asked about older fences already in place. Council Member Mulroy stated that right now permits to build or rebuild fences could not be issued. Utilities would work with current fences in those areas. These provisions would address new construction. Cunningham completed his presentation with an explanation of setbacks, clear visibility areas, and screening for refuse containers. Council Member Mulroy suggested adding flexibility to the types of screening materials. Following the Work Session, the Council convened in a Closed Session at 5:20 p.m. to consider the following items: 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Received information about and a consultation from the City’s attorneys regarding the status of two of the pending TMPA-related cases which includes: Texas Municipal Power Agency v. City of Bryan, et al, Cause th No. 28,169, in the 506 Judicial District Court in and for Grimes County, Texas; Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08- th 003426, in the 250 Judicial District Court in and for Travis County, Texas; a public discussion and deliberation of these legal issues in an open meeting would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B.Consultation with Attorney – Under Texas Government Code Section 551.071. City of Denton City Council Minutes March 3, 2009 Page 8 1. Consultation on status of potential litigation concerning street failures in the Wind River subdivision. C.Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Received a presentation from staff regarding negotiations between Denton Municipal Electric (DME) and a leading wind developer. The project was known as “Project Alpha”; discussed, deliberated and provided staff with direction. D.Deliberations regarding Real Property – Under Texas Government Code Section 551.072, Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Deliberated the value of real property interests for the lease of City property, in the H. Sisco Survey, Abstract Number 1184 and being a tract of land approximately 1,437.48 square feet in size, located west of the southwest corner of the intersection of Industrial Street and East Hickory Street, Denton, Texas (the “Property”). Received legal advice from the City Attorney or her staff concerning legal issues regarding the lease of such real property interests. E.Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Received a briefing and status report from the City’s attorneys regarding the litigation entitled The City of Denton, Texas v. The University of th North Texas, Cause No. 2008-20043-158, now pending before the 158 Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction. 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. F.Deliberations regarding Personnel Matters – Under Texas Government Code Section 551.074. 1.Deliberated and discussed the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Auditor, and City Manager. This item was not considered. G.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. City of Denton City Council Minutes March 3, 2009 Page 9 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, March 3, 2009 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. 2. Proclamation for Convoy of Hope Day 3. Proclamation for Social Work Month 4. Proclamation for National Surveyors Week Bryan Langley, Director of Finance, presented the Certificate of Achievement for Excellence in Financial Reporting to the city. It was awarded by the Government Finance Officers Association. Mayor Burroughs presented proclamations for Convoy of Hope Day, Social Work Month and National Surveyors Week. City of Denton City Council Minutes March 3, 2009 Page 10 3. CONSENT AGENDA Mayor Burroughs stated that Item N would be removed from the Consent Agenda for separate consideration. Kamp motioned, Thomson seconded to pull Item 3N for separate consideration. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Kamp motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item N. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item N was considered. Mulroy motioned, Kamp seconded to table Item N indefinitely with no date certain. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried unanimously. A.2009-047 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a second one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. The Investment Committee recommended approval (5-0). B.R2009-006 - A resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Investment Committee recommended approval (5-0). C.R2009-007 - A resolution adopting the City of Denton Parks, Recreation and Trails System Master Plan; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). D.R2009-008 - A resolution to loan the water color painting, Spring Dusk, to the Pearl Fincher Museum of Fine Arts, in Spring, Texas. The Parks, Recreation and Beautification Board recommended approval (7-0). E.2009-048 - An ordinance authorizing the City Manager to execute change order number one to a contract for the rebuilding of a D7 Caterpillar Landfill dozer between the City of Denton and Holt Cat; providing for the expenditure of funds therefor; and providing an effective date (File 4221–Repair of D7 Caterpillar Landfill dozer in the amount of $92,705.82 and Change Order Number One for the rebuilding of the transmission of a dozer in the amount of $32,859 for a total award of $125,565). The Public Utilities Board recommended approval (7-0). City of Denton City Council Minutes March 3, 2009 Page 11 F.2009-049 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for electric design and engineering services pertaining to the Jim Christal Substation and other engineering and related consulting services for CIP projects for Denton Municipal Electric with Ampirical Solutions, L.L.C. (in an amount not-to-exceed $188,032); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (7-0). G.2009-050 - An ordinance accepting competitive bids and awarding a public works contract for the construction of concrete pavement for the Evers Park Athletic Complex and North Lakes Park fields 5 and 6; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $229,974.86). H.2009-051 - An ordinance accepting competitive bids and awarding a public works contract for the construction of five overhead distribution line projects for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4243–awarded to the lowest responsible bidder meeting specification, Finway, Inc. in the amount of $364,146). The Public Utilities Board recommended approval (7-0). I.2009-052 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement between the City of Denton and MarketSphere Consulting, LLC for a fixed asset/job cost system needs assessment and gap analysis; authorizing the expenditure of funds; and providing an effective date (RFSP 4225–Fixed Asset/Job Cost System Needs Assessment JD Edwards Fixed Asset/Job Cost System Gap Analysis awarded to MarketSphere Consulting, LLC in an amount not to exceed $194,930). J.2009-053 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of protective relay, control, monitoring, metering, software, and integration products manufactured by Schweitzer Engineering Laboratories, Inc., which is available from only one source, KD Johnson, Inc. 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 4265– Purchase of Protective Relay, Control, Monitoring, Metering and Integration Hardware for Denton Municipal Electric in the estimated amount of $662,575). The Public Utilities Board recommended approval (7-0). K.2009-054 - An ordinance accepting competitive bids and awarding a contract for the purchase of tree trimming and vegetation management services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4233–Tree Trimming Services awarded to ABC Professional Tree Services, Inc. in the amount of $450,000). The Public Utilities Board recommended approval (7-0). City of Denton City Council Minutes March 3, 2009 Page 12 L.2009-055 - An ordinance accepting competitive bids and awarding a contract for the purchase of transmission control and relay panels for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4245–Relay Panels for RD Wells Interchange and Hickory Creek Substation awarded to Electrical Power Products in the amount of $188,893). The Public Utilities Board recommended approval (7-0). M.2009-056 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Parks Foundation to assist with preparation for the 2009 Cinco de Mayo celebration; providing for the expenditure of funds; and providing for an effective date. ($1,450) N.NOTE: This Item Was Tabled - An ordinance of the City of Denton, Texas approving an interlocal cooperation agreement between the City of Denton and the Denton County Transportation Authority (DCTA) granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line. The Mobility Committee recommended approval (3-0). O.2009-057 - An ordinance authorizing the City Manager to enter into an interlocal cooperative agreement between the City of Denton and the North Central Texas Council of Governments for a Local Air Quality Program traffic signal project; and providing for an effective date. The Mobility Committee recommended approval (3-0). P.2009-058 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to Agreement for Professional Legal Services with the law firm of Walker Sewell, LLP for professional legal services relating to litigation styled: Texas Municipal Power th Agency v. City of Bryan, Texas,Cause No. 28,169 pending in the 506 Judicial District Court in and for Grimes County, Texas; City of Bryan, Texas v. City of st Denton, et al, Cause No. 08-002233-CV-361 brought in the 361 Judicial District Court in and for Brazos County, Texas; Ex Parte Texas Municipal Power Agency, th Cause No. D-1-GN-08-003426, now pending before the 250 Judicial District Court in and for Travis County, Texas; together with ancillary litigation involving the City of Bryan, Texas as plaintiff and the three northern cities of TMPA (Denton, Garland and Greenville) as defendants, which suit has been severed and is in the process of being transferred from Travis County to Hunt County, Texas; authorizing the expenditure of funds therefor in the amount of an additional $105,000 (for the total not-to-exceed amount of $195,000); and providing an effective date. The Public Utilities Board recommended approval (7–0). Q.2009-059 - An ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute a right of entry and possession in favor of the Denton County Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing pre-construction surveying, installing erosion control, conducting clearing and grubbing and performing utility pot holing; an providing an effective date. The Mobility Committee recommended approval (3-0). City of Denton City Council Minutes March 3, 2009 Page 13 R.2009-060 - An ordinance amending Section 18-92 “Prohibited for Certain Purposes” of Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of the City of Denton; adding a new Section 18-92.1 “Parking Nuisances” to Chapter 18; amending Chapter 21 “Offenses” of the Code of Ordinances to add a new Section 21-8 “Dumping;” providing a severability clause; providing a penalty clause; and declaring an effective date. 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 “City of Denton General Obligation Refunding Bonds, Series 2009”; establishing parameters for the redemption of certain outstanding obligations of the City; authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. Bryan Langley, Director of Finance, stated that the City’s Debt Service Management Policy stated that the City should consider refunding debt service whenever an analysis indicated the potential for present value savings of approximately 3.5% of the debt service being refunded or if beneficial to the City in another way. First Southwest Company, the City’s financial advisor, felt that based on current market conditions, refinancing several of the bond issues would generate present value savings of approximately 4.9% of the refunded par amount. Approval of the ordinance would allow staff to proceed with the refinancing between now and September 3, 2009 if market conditions were favorable and the present value savings were above the stated debt policy guidelines. If the refinancing could not be done at 3.5%, it would not be done at this time. The following ordinance was considered: NO. 2009-061 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF “CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009”; ESTABLISHING PARAMETERS FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AUTHORIZING THE ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. 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. A.The Council considered adoption of an ordinance of the City of Denton, Texas creating a new Chapter 17 “Property Maintenance” in the Code of Ordinances of the City of Denton; repealing Chapter 20 “Nuisances” of the Code of Ordinances; repealing Sections 21-51, 21-55, and 21-56 of Chapter 21 “Offenses” of the Code of Ordinances; repealing a portion of City of Denton City Council Minutes March 3, 2009 Page 14 Section 35-76 of Chapter 35 “Zoning” of the Code of Ordinances; providing a severability clause; and providing for an effective date. John Cabrales, Public Information/Intergovernmental Relations Officer, stated that current codes that addressed maintenance issues were located in various chapters of the city’s Code of Ordinances. Some of the language in the various chapters contradicted itself, may be vague or not present at all. The proposed ordinance addressed such issues as chronic offenders, established a 120 day time frame for inoperable vehicles in a repair business, defined tree canopy, added protection to native grasses, addressed outside storage, outside displays, the maintenance of perimeter fences and when they needed to be repaired, auto shade coverings, improved parking surface conditions, service of notice by code enforcement and codified practices currently being performed. The proposed ordinance placed all language in one document, added language to allow staff to address complaints from residents and formatted the document for easy reading. Mayor Burroughs asked about the effective date of ordinance. Cabrales stated that it would be 14 days from date of passage. An education campaign was being initiated to educate residents. Lancine Bentley, Code Enforcement, stated that the notification process would change from 7 to 10 days. They would also offer extensions to accommodate the property owner. An educational campaign, tip sheets to help with the new regulations, and visits to properties to assist with violation definitions would be offered to the public. A Comment Card was submitted by Karen DiVinney in support of the proposal. The following ordinance was considered: NO. 2009-062 AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING A NEW CHAPTER 17 “PROPERTY MAINTENANCE” IN THE CODE OF ORDINANCES OF THE CITY OF DENTON; REPEALING CHAPTER 20 “NUISANCES” OF THE CODE OF ORDINANCES; REPEALING SECTIONS 21-51, 21-55, AND 21-56 OF CHAPTER 21 “OFFENSES” OF THE CODE OF ORDINANCES; REPEALING A PORTION OF SECTION 35-76 OF CHAPTER 35 “ZONING” OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Watts motioned, Moreno seconded to adopt the ordinance. Council Member Moreno asked about the difference in tree limb height between the street and sidewalk. Cabrales stated that the street height was higher so that large vehicles could pass unobstructed. The sidewalks did not need as large a height. City of Denton City Council Minutes March 3, 2009 Page 15 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. C. The Council considered nominations/appointments to the City’s Boards and Commissions: 1. Denton Housing Authority 2. Historic Landmark Commission 3. Human Services Advisory Committee 4. Charter Review Committee Mayor Burroughs announced that he was appointing Dr. Kathryn Stream to the Denton Housing Authority. Council Member Moreno nominated Diane Crew to the Historic Landmark Commission. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Council Member Heggins did not have a nomination to the Human Services Advisory Committee at this time. Council Member Moreno appointed Jose Gaona, Barbara Gailey and Bob Eames to the Charter Review Committee. D. Citizen Reports 1.Council reviewed the procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Elma Walker regarding 65 and over tax exemption for property taxes. Ms. Walker requested the Council raise the senior tax exemption to match the County with a response by May 5, 2009. The City currently had an exemption of $25,000 while the County had a $55,000 exemption. A study was sent to Council from the Audit/Finance Committee regarding a possible tax increase that might be necessary if the exemption were raised. That increase in tax rate was less than ¾ of a penny to raise the exemption to $40,000 and less than 1½ cent to match the County exemption. If the Council could not raise the exemption to the full $55,000 this year, she suggested raising it to $40,000 this year and $55,000 next year. B.Kathleen Wazny regarding property taxes for seniors in the City. Ms. Wazny requested the Council increase the tax exemption for residents over 65 from $25,000 to $55, 0000 and to bring decision back by May 5 so that the increase would impact the next property tax bill. There had not been an increase in a number of years. She did not understand why the exemption had not been raised over the years and done in small steps. City of Denton City Council Minutes March 3, 2009 Page 16 C.Nell Yeldell regarding telephone services in Denton and harassing and threatening calls and eavesdropping. Ms. Yeldell was not present at the meeting. D.Bob Clifton regarding conflicts of interest. Mr. Clifton presented information on conflict of interest. He expressed concerns regarding streets, the water park was losing money, UNT permit parking, code enforcement, the need for more health inspectors, UNT owing money to the city on utilities, lawsuits and outside attorneys. He stated that he was going to run for District 1 City Council. E.Dan Hurt regarding 65 and over exemption on city tax. Mr. Hurt requested the Council consider an increase in the over 65 tax exemption. F.Al Jacobson regarding tax exemptions for senior citizens over 65. Mr. Jacobson was not present at the meeting. G.Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth understood the position of the seniors who spoke before him. He felt that the Parks Department had a work environment against employees and asked for the removal of several park employees. H.Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth asked that Bobbie Givens not be fired. I.Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth asked that Bobbie Givens keep his job. J.Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth asked that Bobbie Givens keep job. E. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. Council Member Watts asked for a Work Session regarding the over 65 tax exemption F.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. City of Denton City Council Minutes March 3, 2009 Page 17 G.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 8:12 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS