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November 16, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES November 16, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 16, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member Heggins. WORK SESSION 1. Citizen Comments on Consent Agenda Items Carolyn Phillips spoke on Item 3A. William Scoefield spoke on Item 3D. Linnie McAdams spoke on Item 3M. Don Smith spoke on Item 31). 2. Requests for clarification of agenda items listed on the agenda for November 16, 2010. Council Member King stated that the Airport Master Plan that the Council was considering this evening was a long range plan. He asked for a brief explanation on the governance portion of the plan. Bryan Langley, Chief Financial Officer, stated that there were still some outstanding issues concerning the type of governance stricture. Staff would be coming back with more information at the December 7th meeting on options to consider. Council Member King asked about citizen input regarding the proposed plan. Langley stated that it had been discussed a number of times; approximately seven times with the Airport Advisory Board and twice with the Council. Those were all public meetings which the public had the opportunity to attend. Any item that might need to be changed in the plan in the future could be done by bringing it back to Council for consideration. Council Member King asked what would happen if the final predictions as listed in plan were not met. Langley stated that adjustments would have to be made as the plan moved forward. Mayor Burroughs stated that the city would stand behind the enterprise concept even if it did not make a budget year. Langley stated that it would be a self supporting fund as part of the city budget. If in the long term it was not breaking even or making a profit, the fund would have to be adjusted or subsidized. City of Denton City Council Minutes November 16, 2010 Page 2 City Manager Campbell stated that the fund would not be any different than the solid waste fund. Adjustments would have to be made similar to other enterprise funds. Mayor Pro Tem Kamp asked for an explanation of Consent Agenda Item M dealing with the peg subscriber fees. Billy Matthews, Cable Television Supervisor, stated that this was a one time opportunity to change the amount of the peg fee due to the expiration of the local franchise. The options were to keep the fee as it currently was at $.50 per subscriber or move it to 1% of the cable subscriber's gross bill. An average bill was about $80 dollars so the fee would be $.80 Council Member Watts stated that because of a change in the law, the city had the opportunity to change the amount of the fee. He questioned if an adjustment could be made in the future. Matthews stated that this was a one time opportunity that had to be made before December 31 st. Council Member Watts stated that one reason for choosing the Mayborn School was the cost effectiveness and the fact that not all of the PEG fees now collected would be utilized. He questioned if there was a need for the additional revenue and if so, what it would be used for. Matthews stated that grants could be provided to other PEG channels and would provide flexibility to help those channels. The current amount of fees would not present a lot to share. City Manager Campbell stated that the other issue was the life span of the City's current equipment. Over time, that equipment would need to be replaced and the increased fee would provide funding for that. Mayor Burroughs felt that inflation eroded value when using a flat rate. It provided less and less buying over time and if the fee were not increased, there would be no flexibility. The change in the fee would allow for the use of some of the PEG funds for equipment upgrades plus allow flexibility to extend public access programming elsewhere and programming at other places. Mayor Burroughs asked about provisions in Consent Agenda A. He questioned if a user was reclassified over time to a rating that required a deposit, what would be the time frame to pay the deposit. Ethan Cox, Customer Service Manager, stated that the deposit would be billed with the utility invoice. A separate notification could be sent that would indicate that a deposit requirement was coming. The fee could also be deferred over a three month period. Mayor Burroughs asked about the Plus One program and the ability to generate increased participation in that program. He knew of some programs that rounded up to the next dollar or had an opt out program with all customers in the program unless they opted out. Cox stated that staff had prior discussions with Interfaith Ministries but would be open to a re- evaluation of the program. He noted that some other organizations put late fees directly into the charitable organizations. City of Denton City Council Minutes November 16, 2010 Page 3 Mayor Burroughs suggested staff developing alternatives such as a reverse opt out for Plus One in anticipation that demand might increase. He asked that staff be sure that Plus One funds could be used for a deposit. Council Member Engelbrecht asked what the time period was to move from a lower category to a higher category. Cox stated that it was a rolling 12 month period. The most recent credit event was where the time was set. Council Member Engelbrecht recommended monitoring the system during the year to see how it was working. 3. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for Downtown. Linda Ratliff, Director of Economic Development, stated that TIF district boundary lines originally were described as the same lines as the Downtown Implementation Plan lines. The boundaries were actually larger than the DTIP boundaries. The reason for the larger boundary was due to the need for a property description for the TIF. The property description was much easier to understand when it followed roadways than to identify specific property. Provisions of the TIF included (1) the size of the TIF would be 225 acres, (2) it would reflect the 2010 valuation/tax rate, (3) there would be no increase in the tax rate over the life of the TIF, (4) there would be a 2% increase in valuation each year, and (5) there would be no participation by the DISD and the County. All of the assumptions were the same as well as the final report. Proposed projects were categorized by parking, complete streets, drainage/utilities, and economic development projects. The parking category could be moved around before finalizing the plan. The Downtown Task Force supported the TIF. The Economic Development Partnership Board recommended approval for the following reasons: (1) redevelopment of the downtown was important to the city's economic development allies, (2) the Board supported the recommendations of the Downtown Master Plan, TIP Strategies Economic Development Plan, RTKL redevelopment study, and the Downtown Implementation Plan, all of which recommended the creation of the TIF, (3) creation of the TIF would demonstrate continuity over its 30-year period through the fiscal commitment of the City, (4) Downtown involved redevelopment which was more difficult than Greenfield development, and (5) Transportation Reinvestment Zone legislation was being proposed that might allow other entities to capture property tax revenue from areas surrounding passenger rail. Council had recommended a seven member TIF board. The Economic Development Partnership Board recommended Council consider a similar stricture as that of the EDP Board with defined areas of qualifications such as Council members, property owners, residents, or business operators from within the TIF District, and individuals with historic preservation experience. A sample board might consist of 2 council members, 1 business owner/representative within the TIF District, 1 Chamber of Commerce Board member, 1 property owner within the District, 1 Historic Preservation representative and 1 resident of the District. Next steps in the process included a public hearing on December 7th with the ordinance to include the make-up of the City of Denton City Council Minutes November 16, 2010 Page 4 board stricture. The Board would then develop the final projects and finance plans and present them to Council for approval. Mayor Pro Tem Kamp asked how the project categories could be more flexible. Ratliff noted that the parking category had the largest amount of money as that category would be the most expensive. The proposal was for 3 garages with 300 parking spaces each. Council could choose to put enough money in that category for only 2 parking garages spread the difference in the amount to the other categories. Mayor Pro Tem Kamp asked if other categories could be added at a later date. Ratliff stated that the categories had be to set when the ordinance was approved but the current proposed category of economic development projects would cover most anything Council Member Gregory asked if the land for the parking garages was included in the costs. Ratliff stated that it did not include the land and that the facilities would be a stricture, not a parking lot. Council Member Gregory asked if there were limits on the amounts or a percentage for changes. Ratliff stated that the wording of the law indicated that there could not be a substantive change in the amounts. Council Member Gregory stated that he liked the idea of moving some funding from parking and adding it to economic development projects and complete streets. Council Member Engelbrecht questioned if there could be just one category for projects. Ratliff stated that typically the TIF was more structured than just one category but she would research if that could be done. City Manager Campbell stated that staff could think of alternative ways to do the funding categories for consideration when Council considered the ordinance. Mayor Pro Tem Kamp stated that she liked the suggestion of seven members to the board and to stricture it after the EDP Board. Council discussed various options for members on the board and the method for appointing the members. Staff was directed to bring back suggestions for the makeup of the board and the method for appointment. 4. Receive a report and hold a discussion on the status of the 2005 Capital Improvement Program. City of Denton City Council Minutes November 16, 2010 Page 5 Jim Coulter, General Manager-Water/Wastewater, presented an update on 2005 General Obligation bond program. The original bond program was broken out into three categories of public building improvements, park system improvements and transportation improvements. Public Improvements in the amount of $4 million included the South Branch Library expansion and the Senior Center. Transportation Improvements in the amount of $27.7 million involved a number of street projects. He reviewed the projects along with the recommended changes by the Citizen Oversight Committee. The Park System improvements included $4 million. Some of the projects in this category included the purchase of a 200 acre southwest park, property purchased at North Lakes Park to accommodate new adult soccer fields and improvements to various other parks throughout the city. Council Member Engelbrecht asked about the Bonnie Brae project. Coulter stated that the original project was only one block while the proposed project was many blocks. He indicated that Bonnie Brae was not part of project with the matching funds. Council Member Watts asked about how the estimate was made for the Western Blvd. project. Coulter stated that the allocation was estimated in 2003 but Hurricane Katrina caused constriction amounts to rise considerably plus there were changes in the specifications of the proj ect. Council Member Heggins joined the meeting. Following the completion of the Work Session, the Council convened in a Closed Meeting to discuss the following: 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning street failures in a portion of the Wind River subdivisions. B. Deliberations Regarding Security Devices or Security Audits - Under Texas Government Code Section 551.076. 1. Discuss and deliberate the deployment of security devices or security personnel, including the conduct of security audits or the consideration of specific occasions for the deployment of security devices or personnel in, around, or involving City of Denton facilities or personnel. City of Denton City Council Minutes November 16, 2010 Page 6 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamation/awards for this meeting. 3. CONSENT AGENDA Council Member Watts motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinance and resolutions. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-292 A. Consider adoption of an ordinance of the City of Denton, Texas amending the City's utility credit and collection policies that are contained in the Denton Code of Ordinances, Chapter 26, "Utilities," Sections 26-3, 26-4, 26-5, 26-6, 26-8 and 26-9; providing an open meetings clause; providing a cumulative clause; providing a repealer; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-293 B. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2009-236 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. Resolution No. R2010-043 C. Consider approval of a resolution of the City Council of the City of Denton, Texas (City), authorizing the intervention at the Railroad Commission of Texas concerning the filing for an increase in rates by Atmos Pipeline - Texas; requiring Atmos Pipeline to reimburse reasonable rate case expenses; authorizing the retention of counsel and rate consultants; finding that the meeting at which this resolution was approved complied with the open meetings act; making such other findings and other provisions related to the subject. Ordinance No. 2010-294 D. Consider adoption of an ordinance of the City of Denton, Texas adopting the Denton Municipal Airport Business Plan as an official policy document intended to guide future development and financial performance of the Denton Municipal Airport, and providing an effective date. City of Denton City Council Minutes November 16, 2010 Page 7 Ordinance No. 2010-295 E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. JxDOT Project No. AM 2011DNTON and TxDOT CSJ No. M118DNTON). The Airport Advisory Board recommends approval (6-0). Resolution No. R2010-044 F. Consider approval of a resolution of the City of Denton, Texas requesting improvements to Interstate 35 East as designed by the Texas Department of Transportation to be fully funded and implemented for the full project length from Interstate 635 in Dallas County to U.S. Highway 380 in Denton County; and providing an effective date. Ordinance No. 2010-296 G. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $11,752,000 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities. Ordinance No. 2010-297 H. Consider adoption of an ordinance accepting competitive bids and awarding a two-year contract for tree trimming services for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (Bid 4401-Two Year Contract for Tree Trimming Services Section B awarded to the lowest responsible bidder meeting specification, ABC Professional Tree Services, Inc., in the two-year estimated amount of $900,000) Ordinance No. 2010-298 L Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute two professional service agreements to assist the City of Denton in advancing its State Legislative Program, assist Council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4576-Legislative Consulting Services awarded to Focused Advocacy, LLC not to exceed $132,500 and Solutions for Local Control, LLC in an amount not to exceed $45,000 for a total award not to exceed $177,500 annually). Ordinance No. 2010-299 J. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Camp Dresser & McKee, Inc. for preparation of a sustainability plan and implementation strategy for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4536 in an amount not to exceed $169,190). City of Denton City Council Minutes November 16, 2010 Page 8 Ordinance No. 2010-300 K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of software and hardware for the E.J. Ward Automated Fuel Management System to be installed at the Fuel Island and Trick Wash Facility at the City of Denton Landfill 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 4610-Purchase of Software/Hardware for Fuel Management System to E.J. Ward, Inc. in the amount of $68,429). Ordinance No. 2010-301 L. Consider adoption of an ordinance waiving the City of Denton allocation of Recovery Zone Bonds; designating Fort Bend County as the designee; and declaring an effective date. Ordinance No. 2010-302 M. Consider adoption of an ordinance of the city of Denton, Texas, establishing the new Public, Education and Government (PEG) subscriber fee rate as one percent of the cable providers' gross revenue; authorizing and directing the City Manager or his designee to execute a letter to all Denton cable providers; and declaring an effective date. 4. CONCLUDING ITEMS A. 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 Gregory announced an upcoming Fred Moore Day Nursery brunch. Mayor Pro Tem Kamp invited citizens to the fundraiser at the Civic Center on Thursday for the Campus Theatre. Council Member Engelbrecht congratulated Mike Ellis and Fleet Services for coordinating the trade show at the Texas Motor Speedway. Council Member Engelbrecht requested that the City Manager ensure all parties involved in the remaining portions of the Airport Master Plan were involved in the process. City of Denton City Council Minutes November 16, 2010 Page 9 Council Member Heggins invited the public to a luncheon on Thursday at the King Center sponsored by the American Legion and RSVP. B. 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. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business the meeting was adjourned at 7:15 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS