Loading...
September 22, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 22, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 22, 2009 at 6:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy, and Council Member Watts. ABSENT: Council Member Heggins 1. Requests for clarification of agenda items listed on the agenda for September 22, 2009. Council Member Watts stated that he would like to have Consent Agenda Item G pulled for separate consideration. Council Member Gregory asked for a clarification of Consent Agenda Item D Howard Martin, Assistant City Manager, stated that this issue had been worked through the Property Maintenance Code Committee for dumpsters in the street or right behind the curb. Staff was trying to facilitate a solution of vehicles parking in front of those dumpsters. If the solid waste truck had to come back at a later time because there was a vehicle in the way of the dumpster, the customers were being charged a second pickup charge. This proposal clearly delineated a no parking zone in front of the dumpsters. Council Member Gregory asked if this would result in an additional fee. Martin stated that it would be voluntary for the customer to establish the no parking zone. Council Member Gregory asked if the customer did not want to pay the fee for the no parking zone, he would have to pay a second charge if the truck could not get to the dumpster to collect the trash. Martin replied correct. Council Member Gregory stated that the car parked in front of the dumpster with the no parking zone could be cited. Martin replied correct that right now there were no definite no parking zones and with this proposal there would be clearly marked zones. Council Member Engelbrecht noted that there were a number of items on the Consent Agenda concerning annual maintenance for software. He questioned if additional items would be coming up during year. Kevin Gunn, Director of Technology Services, stated that all of the items on the Consent Agenda were annual renewals for technology items. In terms of recurring maintenance for the proposed software, Projectdox was included in the five year cost. City of Denton City Council Minutes September 22, 2009 Page 2 Council Member Watts had a procedural question regarding items that were tabled on the agenda and a more efficient way to address those in the future to perhaps set them to a date certain to eliminate confusion with the community. Mayor Burroughs stated that if an item did not have a date certain for tabling, the action of tabling would take it off the agenda until requested to be put back on the agenda. If an item were tabled, it would come off the agenda until such time as a council member requested that it go back on an agenda. That would alert citizens that it would be considered to some degree by the council. If an item were tabled, any council member could request it to be taken off the table. City Attorney Burgess stated that she had looked at Roberts Rules of Order to study the tabling procedure. The motion to table was one that was used to temporarily delay consideration of an item. It was commonly misused to table an item. A better practice would be to continue the item to a particular date and then the item would not appear on an agenda until that date certain. In that case, staff might need to work on the item and council would direct that the item be continued until a meeting was accomplished or identify an outcome to tie the item to. The continuance process probably should be used rather than the tabling process. Council Member Mulroy asked how an item would be put on an agenda item if the date certain or event was questionable. Council Member Heggins arrived at meeting. City Attorney Burgess stated that the normal rule would be that it would come back into play in tandem with the Agenda Committee. Mayor Pro Tem Kamp asked how Council should proceed with the currently tabled items. City Attorney Burgess stated that Roberts Rules of Order were not law but there were two options for Council. Council could chose to work with the alternative procedure now or continue with the current procedure and use the alternative procedure for any future items. Current items on the table could be taken off the table and continued to date certain or an event certain. Council Member Gregory stated that if an individual council member felt it was time to act on an item, he/she could contact the Agenda Committee or bring the issue up in a meeting. Mayor Burroughs stated that a member could also communicate with the City Manager. Council Member Gregory asked about the tabled item for Windsor and Stewart Road. Mark Cunningham, Director of Planning and Development, stated that the applicant withdrew his proposed in order to meet with the community for a design of the project and had not requested it be placed on another agenda. Council Member Gregory questioned how council or the public would know about that. City Manager Campbell stated he started the process of listing a tabled item on the agenda several years ago to avoid administratively loosing those items tabled by the Council. City of Denton City Council Minutes September 22, 2009 Page 3 Council Member Watts asked about Consent Agenda Item W regarding the termination of an airport lease. He questioned if any improvements had been done and what the disposition of those improvements would be when the lease was terminated. Quentin Hix, Airport Manager, stated that the improvements would revert to the City. The installation of a foundation for a hanger would revert back to the City. 2. Receive a report, hold a discussion and give staff direction regarding 2009-2012 Police and Fire Meet and Confer Agreements. Jon Fortune, Assistant City Manager, stated that Meet and Confer was authorized by the Texas Local Government Code in 2005. It was a voluntary process by which a city could negotiate with Civil Service Associations. The city had the discretion over which issues may be discussed. The issues could include wages, benefits, hiring, promotions, and discipline. In 2005 both the Police and Fire Associations petitioned the City for Meet and Confer. The City recognized both Associations in 2005 and began deliberations in 2006. Three year agreements were approved in 2006 which were set to expire September 30, 2009. The 2006 accomplishments included (1) allowed the City to amend civil service rules, (2) improved hiring and promotional practices, (3) improved the disciplinary process, (4) allowed for the civil service transition for non-civil service personnel, (5) adopted a market-based pay philosophy, and (6) improved wages and benefits. Features of the 2009 deliberations included (1) interest-based bargaining, (2) the hiring of outside counsel to facilitate the process, as approved by Council, (3) began deliberations in June 2009, (4) conducted 7 Meet and Confer sessions with Denton Police Officers Association, (5) 8 Meet and Confer sessions with the Denton Fire Fighter Association, (6) reached a 3 year tentative agreement with both associations with the agreements to expire in September 30, 2012, (7) the agreements were different but retained some common elements, (8) the DPOA ratified the agreement 139 in favor with 8 opposed, and (9) the DFFA ratified the agreement 117 in favor with 2 opposed. Key agreement provisions - compensation - both agreements essentially contained the same terms with Article 7 for Police and Article 9 for Fire. The market-based approach was maintained with a goal of a market average plus 5%. Both associations recognized the financial challenges facing the city. The proposed increase may be limited to the average percentage increase of non-civil service employees. The agreements also maintained step increases with no new steps added. An annual salary sub-committee report would be provided to the City Manager and Council. The increase would be approved by Council in the annual budget with provisions for unforeseen fiscal conditions. Key agreement provisions for Fire - Article 15 – Article 2, Transition for Certain Civil Service and Appointed Positions, would continue position transitions and reclassifications and assignment pay adjustments for certain reclassified positions. Article 4, Hiring Process, included a list of 15 individuals identified from the Commission list prior to the physical ability test. If less than three individuals passed the physical ability test, return to the Commission list for the next 15 candidates. Entrance examinations would be held in January beginning in 2011 and the current eligibility list would continue to be in effect until January 11, 2011. Article 5, Promotions, included pre-requisites to be recommended by a Joint Labor/Management Committee for Captain and Battalion Chief, driver pre-requisites established in the 2006-09 City of Denton City Council Minutes September 22, 2009 Page 4 agreement would continue, annual written exam dates would be established and if there were less than a 3% difference between the maximum and minimum step of the next higher rank, the firefighter would receive the second step pay. Article 7, Safety and Health, included that each firefighter would undergo at least one physical during his/her term of agreement. Article 8, Discipline, stated that if a firefighter did not appeal discipline, the Director would not forward a statement to the Commission. Article 10, Pension, included the City would match the actual contribution rate of the Firemen's Relief and Retirement Fund to the Texas Municipal Retirement System and may commission an actuarial study to compare FRRF and TMRS. Key agreement provisions for Police - Article 2, Hiring, involved TCLOESE certifications within certain test ranges that would be processed first to fill beginning positions. Article 3, Promotion, established promotional and eligibility requirements for Sergeant and Lieutenant ranks and added a records review to the selection process for Lieutenant. Article 5, Discipline, stated that if an officer did not appeal discipline, the Director would not forward a statement to the Commission. Article 8, Court Time and Callback, indicated that pay for off duty court time increased to 3 hours minimum. Article 9, Assignment Pay, stated that officers assigned to certain divisions and on a callout list would be granted assignment pay. Those divisions included Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers and Hostage Negotiators. Those divisions would receive $50/month in 2009-10; $75/mo in 2010-11 and $100/mo in 2011-12. There were six ordinances on the agenda for council consideration. Council Member Watts questioned what an officer would be paid if he/she had to prepare six hours for a trial. Fortune replied that the officer would be paid for time spent but the minimum was 3 hours so that that if he/she went to court and was dismissed in an hour, he/she would receive 3 hours of pay. 1. Closed Meeting: Council went into Closed Meeting at 5:55 p.m. A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Council Member Gregory motioned, Council Member Heggins seconded that it was appropriate to meet in Closed Meeting on this item in accordance with the Public Power competitive exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. 1.Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. City of Denton City Council Minutes September 22, 2009 Page 5 B. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Texas Local Government Code 142.113(b). 1. Consultation with the City Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is specifically authorized by Texas Local Government Code 142.113(b), and public discussion would otherwise conflict with the duties of the City’s attorneys to maintain confidential communication with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Consultation with Attorneys - Under Texas Government Code Section 551.071 1. Meet with City’s attorneys to discuss status, including possible settlement, of pending litigation styled Thomas Martinez v. City of Denton, Cause No. 2007- 60044-393, currently pending in the 393rd District Court of Denton County. D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, 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 property 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. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. City of Denton City Council Minutes September 22, 2009 Page 6 Regular meeting of the Denton City Council on September 22, 2009 at 7:35 p.m. in the City Council Chambers. 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. BUDGET ITEMS FOR CONSIDERATION Bryan Langley, Director of Finance, stated that he would be addressing Items 2A-D. Item A was the ordinance adopting the tax rate which was the same tax rate as this year. It incorporated a gradual increase for the over 65 exemption over the next several years. Item B approved the 2009 tax rolls. Item C would adopt the fiscal year 2009-10 budget and Item D was ratifying that the Council had approved the budget which was a state requirement. Ordinance No. 2009-214 A. Consider 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 2009, on all taxable property within the corporate limits of the City on January 1, 2009, and adopting a tax rate for 2009; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. Council Member Mulroy motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. Ordinance No. 2009-215 B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2009 tax rolls; and providing an effective date. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. City of Denton City Council Minutes September 22, 2009 Page 7 Ordinance No. 2009-216 C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2009-10 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, 2009, and ending on September 30, 2010; and declaring an effective date. Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. Ordinance No. 2009-217 D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2009-10 Annual Program of Services (Budget) for the fiscal year beginning October 1, 2009, and ending on September 30, 2010 when the Budget will raise more revenue from property taxes than last year’s budget; and providing an effective date. Council Member Mulroy motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. 3.CONSENT AGENDA Mayor Burroughs stated that Item G would be considered separately. Speaker cards had been submitted for Items 3W. Council Member Mulroy motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item 3G and 3W. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. Ordinance No. 2009-218 A. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2008-211 for Electric Service; deleting Energysave Program (Schedule EP); incorporating Ordinance No. 2008-301 to add and amend Greensense Energy Efficiency Rebate Program (Schedule GRP) and amend Distributed Generation from Renewable Sources Rider (Schedule DGR); deleting Special Event Service (Schedule SE); providing for a repealer; providing for a severability clause; and providing for an effective date. Ordinance No. 2009-219 B. Consider adoption of an ordinance amending the Schedule of Water Rates contained in Ordinance No. 2008-212 for water sdfervice rates and water rates; amending Wholesale Raw Water Service Rate to Upper Trinity Regional Water District (WRW); the Wholesale Raw Water Pass-Through Rate to Upper Trinity Regional Water District from Lake City of Denton City Council Minutes September 22, 2009 Page 8 Chapman into Lake Lewisville (Schedule WCL); amending several water tap and meter fees; providing for a repealer; providing for a severability clause; and providing for an effective date. Ordinance No. 2009-220 C. Consider adoption of an ordinance amending the schedule of Wastewater Rates contained in Ordinance No. 2008-213; providing for a repealer; providing for a severability clause; and providing for an effective date. Ordinance No. 2009-221 D. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for Solid Waste Service contained in Ordinance No. 2008-214 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 the establishment of no parking zone fees (Schedule SWC); a change in the construction and demolition uncompacted materials cubic yardage rate (Schedule SWC&D); the addition of a construction and demolition processing rate (Schedule SWC&D); an increase from 4% to 5% of gross revenues due the Solid Waste Department for businesses providing collection and transportation services within the City limits of Denton (Schedule SWP); the addition of 5% of gross revenues due the Solid Waste department for ‘small operators’ (Schedule SWP); and redefining the tire sizes for the whole tire rates charged (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. Ordinance No. 2009-222 E. Consider adoption of 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. 2008-216; adding a new customer application charge; amending Section 26-3 of the Code of Ordinances regarding residential service deposits; providing for a repealer; providing for a severability clause; and providing for an effective date. Ordinance No. 2009-223 F. Consider adoption of an ordinance amending the schedule of Engineering Fees contained in Ordinance No. 2008-215: providing for a repealer; providing for a severability clause; and providing for an effective date. Ordinance No. 2009-224 G. Consider adoption of an ordinance amending Section 22-38 of Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a Schedule of Fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2007-267 and all ordinances in conflict with the new Schedule of Fees; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). City of Denton City Council Minutes September 22, 2009 Page 9 Mayor Burroughs indicated that Speaker Cards were submitted by: Sam Scoggins, 600 Cordell, Denton, 76201-spoke against the $5 increase in the athletic fees. Emerson Vorel, Director of Parks and Recreation, stated that the fee increase for youth sports, specifically youth sports impact fee, was instituted in the 2003-04 fiscal year. At that time the fee was $5 to recover 10% of the operation and maintenance of the facilities that the leagues used. In 2007-08 5.7% was recovered by raising the fee and staff was projecting to recover 8.6% this next fiscal year. Council Member Mulroy asked if that fee was applied to the maintenance of the fields. Vorel stated that it went back to the general fund against the maintenance costs. Council Member Mulroy stated that staff was not asking for any capital money that built the fields. Council Member Gregory asked about the alternative soccer league. Vorel stated that it was a small league that operated out of the MLK Center. The registration did not start until registration for the Denton Soccer Association had closed. Many times they were getting children who missed the other registration or who were on a wait list from the Denton Soccer Association. Usually 40-50 players played on a less than regulation size field and usually a 4 on 4 play and not competition level play. Council Member Watts motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. Ordinance No. 2009-225 H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement for one hundred sixty-two thousand seven hundred and ten dollars ($162,710.00) from the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to implement the program; and providing for an effective date. Ordinance No. 2009-226 I. Consider adoption of 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 4364-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $92,775.39). City of Denton City Council Minutes September 22, 2009 Page 10 Ordinance No. 2009-227 J. Consider adoption of 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 4365-Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $101,183.24). Ordinance No. 2009-228 K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Interactive Voice Response and Outage Management System and associated software modules for Denton Municipal Electric (DME) utility 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 4366-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $56,564.00). Ordinance No. 2009-229 L. Consider adoption of 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 4369-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $188,482.61). Ordinance No. 2009-230 M. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and 3G (third-generation) 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 4370-Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3G (third-generation) awarded to AT&T Mobility in the amount of $122,279.88). Ordinance No. 2009-231 N. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association, and providing an effective date. City of Denton City Council Minutes September 22, 2009 Page 11 Ordinance No. 2009-232 O. Consider adoption of an ordinance authorizing assignment pay for Police Department employees assigned to perform specialized functions of Field Training Officer and officers assigned to the Tactical Team of the Police Department, authorizing assignment pay for Police Department employees on a callout list approved by the Department head who are assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, officers who are Canine Officers, and officers who are Hostage Negotiators of the Police Department, and providing an effective date. Ordinance No. 2009-233 P. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. Ordinance No. 2009-234 Q. Consider adoption of an ordinance of the City of Denton, Texas repealing Ordinance No. 2009-088 and authorizing Assignment Pay for Fire Department employees in the classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of Training Chief, Emergency Medical Services Chief and Resource Management Chief, Captain-Logistics/MaintenanceOfficer, Captain-Training Officer, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist I, Fire Inspector Specialist II, Emergency Management Program Manager and Fire Recruitment Management Analyst who are assigned to perform assigned functions on a forty-hour work week in the Fire Department and providing an effective date. Ordinance No. 2009-235 R. Consider adoption of an ordinance of the City of Denton, Texas, authorizing contribution to the Denton Firemen’s Relief and Retirement Fund by the City; and establishing an effective date. Ordinance No. 2009-236 S. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2006-293, prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of fire fighter; providing a repealer clause; and declaring an effective date. Ordinance No. 2009-237 T. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce; and providing an effective date. Ordinance No. 2009-238 U. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 25 of the Code of Ordinances by amending Section 25-158 to add the City of Denton Parks and Recreation Department as seller; amending Section 25-159 to add payments to be made prior to interment; amending Section 25-160 to add a late fee for failing to obtain a permit prior to burial and to specify on permit location of grave site; amending Section 25-161 to City of Denton City Council Minutes September 22, 2009 Page 12 add a late fee for failing to obtain a permit before erecting monuments or tombstones or performing concrete work in the city cemeteries; amending Section 25-164 to clarify monument specification, add authority to inspect and remove monuments not in compliance and require the placement of temporary grave markers prior to monument placing; amending Section 25-165 to clarify direction of lettering on monuments; amending Section 25-166 to clarify direction of lettering on monuments; amending Section 25-168 to require removal of arrangements within 72 hours of placement, authority to remove wilted or unsightly flowers, to require flowers to be affixed to mounted containers, to specify approved containers and to provide authority to remove memorabilia not placed in affixed containers; amending Section 25-171 titled removing flowers to add removal of flowers for cemetery development or maintenance; providing for a severability clause; amending Section 25-172 to change the title from city health officer to county medical director; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Ordinance No. 2009-239 V. Consider approval of an ordinance amending Ordinance Number 2003-268 of the Code of Ordinances of the City of Denton, Texas, relating City of Denton fees to be charged at I.O.O.F and Oakwood cemeteries by adopting the schedule of fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2003-268 and all ordinances in conflict with the schedule of fees; and providing an effective date. Ordinance No. 2009-240 W. Consider adoption of an ordinance terminating that certain airport lease dated June 21, 2005 by and between the City of Denton, Texas and NTDenton Leasing, Inc for the property known as 4600 Spartan Drive; authorizing the City Attorney or her designee to take appropriate action to effectuate the termination; and, providing an effective date. The Airport Advisory Board recommends approval (6-0). Mayor Burroughs indicated that Speaker Cards had been submitted for this item. Peter Edwards, 6901 Red Bud Drive, Flower Mound, 75022. He asked that the item be removed from the agenda to allow them to meet with Council to let them know what was going on with the project. They had problems with the construction schedule and he was asking for more time to present his case. He had invested $350,000 already in the project and did not want to lose that investment. Council Member Gregory asked when the foundation was poured on the site. Edwards stated that the main part was done over six months ago. They had done a little more on the site in the past few months. Charles Jones, 4600 Spartan Drive, Denton, 76207, stated that the lot originally had a city drainage ditch on it and a lot of dirt work had to be done to prepare the site. The main slab was poured about this time last year along with the ramp and parking. To date all lease payments were current with over $44, 000 made in payments along with tap fees and building permit fees. The City would lose nothing by allowing them to complete the project. They had an investor to City of Denton City Council Minutes September 22, 2009 Page 13 fund the project but were still was in the process of completing the paperwork. He asked to table the item for two weeks in order to get all of the paperwork completed. Council Member Mulroy stated that he would like city staff to make a presentation on the backup that the public may not have seen. There was extensive history of the extension and he would like that made known to the public. Quentin Hix, Airport Manager, presented background information on the item which related to a ground lease approved on June 21, 2005. One of the terms of the lease was that the tenant would begin construction of the improvement on the site by March 28, 2006 and be completed by June 11, 2007. The prior Airport Manager began working with the tenants in July 2006 with a certified letter that they were not in compliance with the lease. After numerous contacts, the foundation was poured in June 2008. There had been continued discussion trying to continue with the construction and complete the lease with extensions provided to complete. Hix asked for a written time frame for completion on March 2, 2009 with a proposed schedule to complete by August 25, 2009. From outset of that agreement the tenants had failed to meet their milestones. On June 26, 2009 staff notified the tenant to begin construction or a termination of the lease would begin on July 31, 2009. The tenants were also asked to provide staff some evidence that they had financing set up to allow them to meet their commitment to complete construction. That evidence needed to be a form from a recognized financial institution plus some evidence that the steel was to be fabricated by the supplier. The tenants did not provide any of the requested information and no construction had begun as of this date beyond the foundation of June 2008. At the end of July the tenant was informed by staff that they would begin termination of the lease. As of this date, staff had still not received the information on the financing, ordering of the steel or a production schedule. Staff was recommending termination of the lease. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. 4.ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Burroughs stated that Council had a discussion in the Work Session regarding the tabling of items on an agenda. He asked the City Attorney to address her issues and the proper procedure to continue items indefinitely when needed. City Attorney Burgess stated that the current procedure Council was using was proper. However, there were other procedures which would serve the Council and public just as well. A continuance procedure could be used to table an item to either a date certain or an event certain. An item could also be continued indefinitely. Indefinitely would essentially kill the item. If Council wanted an item to remain alive it should be moved to a date certain or an event certain. Planning might be ready for the October 6th meeting in regards to Item 4B. Council could leave the item tabled until that meeting and in the future move to the continuance process. City of Denton City Council Minutes September 22, 2009 Page 14 A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. B. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving a Specific Use Permit to allow for gas well drilling and production on property on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0006) The Planning and Zoning Commission recommends approval (4-0). (Tabled from July 21, 2009) This item remained on the table. C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, and as extended and expanded on September 15, 2009 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 activity as described in Attachment "A" hereto; and providing and effective date. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded approve Item C to allow access by DCTA through November 6, 2009 into the Denton Rail Corridor for work on Phases I, II, and III, but contingent on: 1. The City Manager reaching an agreement with DCTA to provide that the City is protected on performance and payment bonds 2.The clearing of engineering comments on the project, as determined by the City Manager 3. Agreement on warranty on the contractor’s work for a period of two years after acceptance of the project 4.Work performed within the city of Denton meeting applicable law and regulations. 5.The payment of all required fees. 6.Proof of insurance naming the City as an additional insured. Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 submitted a speaker card in opposition. He first questioned the Council making motions before citizens spoke. He indicated that Section 2 of the ordinance stated that DCTA had to be in compliance with all regulations including city regulations, mandates, etc. He felt that indicated that DCTA would not start on the project until all city regulations were met. City of Denton City Council Minutes September 22, 2009 Page 15 Council Member Watts questioned that on large phased projects, could a developer be in compliance with phases or would the entire project have to be in compliance. City Manager Campbell stated that this was the first project of this type and was unique in many aspects. He felt it would be impossible to have DCTA have everything along the entire corridor done before starting the phases. Council Member Watts assumed that condition 4 meant all of Denton's permitting and development regulations. Council would be notified of completion as the conditions were met. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. D. 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 AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts requested a study on a bike lane on Pennsylvania from the Service Road to Teasley. Mayor Burroughs requested information on alternatives for bike lanes from UNT to the downtown area. Council Member Engelbrecht requested transportations alternatives from UNT/TWU to Rayzor Ranch. Council Member Gregory requested information on a sidewalk or bike path for the Singing Oaks Addition to Lee Elementary School E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of 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 September 22, 2009 Page 16 There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 8:46 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS