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January 04, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES January 4, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 4, 2011 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for January 4, 2011. Council Member Watts questioned Item C on the Consent Agenda. He asked if there was a fixed sum per ambulance run as he wanted to make sure the costs were in line with the revenue. He requested an informal staff report on whether the city was being reimbursed for services provided as well as information on the fixed fee that was paid to municipalities that did not provide services. City Manager Campbell stated that these were annual contracts with the County and staff would provide a history of the reimbursement and a comparison in an informal staff report. He assumed that the fee paid was insufficient to the cost provided. Council Member Watts requested an informal staff report on Consent Item D which was the fire portion of the agreement. He questioned the drop in the number of calls and also the costs per call. Council Member Watts asked about the solid waste agreement associated with Consent Agenda Item H in terms of the charge for third party containers. Vance Kemler, General Manager for Solid Waste, indicated that individuals who were collectors and who provided containers in the City did not have a container charge. Grease containers were not being charged at this time and it was felt that it would be appropriate that all such containers would be charged. Council Member King questioned if the fees were new. Kemler stated that they had been charged for five or more years. Council Member King stated that it looked like the contract had to start January 1st Kemler stated that the contracts could start mid-year. They operated off a calendar year so each of the permits renewed in 2010 were for 2011. New service providers would get a permit for the current calendar year. Council Member Gregory asked if the fees for Consent Item C and D were set by the County. City of Denton City Council Minutes January 4, 2011 Page 2 Laura Behrens, Fire Administration Manager, stated that the contract amounts were set by the Commissioners Court and Denton did not have any input on what the amounts would be. The amounts were based on population, routes per miles and the number of calls provided. In terms of the amounts covering the cost of service, staff had done an internal analysis on the cost to provide the services. The response fee for a fire call did not cover the cost for an apparatus call. On the ambulance side, the $400 per nun did not cover the cost for running the ambulance but then the City also billed the patient for the charges. Council Member Watts stated that the Agenda Information Sheet for Consent Item C indicated that there were three components of the charges. There was a fixed readiness fee some cities received even if they did not provide services. Behrens stated that some cities did not have a contract to provide service but might have a special service that might be used at some time. Council Member Watts questioned if the fixed sum was based on rural miles and did other municipalities receive that without having to provide services. Behrens stated that it was more tied to the contractual services. In response to the drop in fire calls, she indicated that several years ago Denton had contracted with the smaller cities. Those were no longer done as those cities formed their own EMS service. The County gave them their own fire district which included unincorporated areas of the County to provide services thus Denton lost rural square miles. Council Member Gregory noticed that the minutes of the Traffic Safety Commission for Consent Item E did not record who voted which way. He was also seeing that in the Planning and Zoning Commission votes and indicated that he would like to have a roll call vote instead of group vote. Following the completion of the Work Session, the Council convened into the Closed Session to discuss the following: 1. Closed Meeting: A. Consultation with Attorney-Under Texas Government Code, Section 551.071. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues related to the power and authority of the Denton County Transportation Authority ("DCTA") to acquire real property interests within the municipal boundaries of the City of Denton and actions of the City of Denton required for DCTA's acquisition of such real property interests. 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 clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. City of Denton City Council Minutes January 4, 2011 Page 3 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation by Carter Blood Care of Four Seasons Award to Kari Jo Zika. This item was postponed to a future meeting. 3. CONSENT AGENDA Council Member Gregory motioned, Council Member Watts seconded to approve the Consent Agenda and accompanying ordinances. 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. 2011-001 A. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Malcolm Pirnie, Inc. for engineering services to develop a Supervisory Control and Data Acquisition (SCADA) Master Plan for the City of Denton Water Production Division; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4528 in an amount not to exceed $119,873). The Public Utilities Board recommends approval (6-0). Ordinance No. 2011-002 B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Retaining Wall Materials for constriction of the Second Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4635- Purchase of Retaining Wall Materials for Second Phase of Screening Wall Installation at City of Denton Landfill awarded to Stone Strong, LLC in the amount of $94,170). The Public Utilities Board recommends approval (6-0). Ordinance No. 2011-003 C. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. City of Denton City Council Minutes January 4, 2011 Page 4 Ordinance No. 2011-004 D. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. Ordinance No. 2011-005 E. Consider adoption of an ordinance of the City of Denton closing, abandoning and vacating the Robertson Street grade crossing at its intersection with the formerly Missouri-Kansas- Texas Railroad Company right-of-way, the Robertson Street crossing centerline presently being located approximately 460 feet northwesterly of the centerline intersection of Mill Street/Morse Street with the formerly M-K-T Railroad Company right-of-way centerline and being situated in the Alexander Hill Survey, Abstract No. 623, City and County of Denton, Texas, and providing an effective date. Ordinance No. 2011-006 F. 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 Solid Waste Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,979,205 to allow the Solid Waste Department to purchase and acquire refuse and recycling vehicles and equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2011-007 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 Wastewater Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $500,000 to allow the Wastewater Department to purchase and acquire equipment for the beneficial reuse division; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2011-008 H. Consider adoption of an ordinance of the City of Denton, Texas amending and restating the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas solely as to commercial solid waste collections services rates (Schedule SWC) and the collection and transportation services permit rate (Schedule SWP); providing that except for those specific changes made to schedules SWC and SWP, that all of the remaining provisions of Ordinance No. 2010-231 shall remain in full force and continuous effect; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2011-009 L Consider adoption of an ordinance of the City of Denton, Texas, approving the acquisition by the Denton County Transportation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code, of a perpetual City of Denton City Council Minutes January 4, 2011 Page 5 easement by eminent domain, upon, along and across (i) an approximate 0.148-acre tract; and (ii) an approximate 0.09-acre tract, a portion of such 0.09-acre tract being located within the above described 0.148-acre tract, both tracts being situated in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and being more particularly described herein; and providing an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow a barber shop as a home occupation within a single-family residence at the northeast corner of Norman Street and Greenlee Street. The site is located within a Downtown Residential 1 (DR-1) zoning district and contains approximately 0.13 acres and is more commonly known as Lot 15, Block 6 of the Hillside Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (S10- 0006). The Planning and Zoning Commission recommends approval (6-0). Mark Cunningham, Director of Planning and Development, presented the details of the request. He indicated that the request was for a specific use permit to allow a barber shop as a home occupation within a single-family residence. The Denton Development Code required a specific use permit for this type of use. The surrounding uses included multifamily, single family and the Cumberland Children's Home. Off street parking would be provided in a circle driveway on the property. The Planning and Zoning Commission recommended approval with three conditions. After the Planning and Zoning Commission's public hearing, a fourth condition was added that the specific use permit would be valid for ten years. The requestor was asking for a 15 year term instead of a 10 year term. The Mayor opened the public hearing. Jim Griffin, Applicant, spoke in support. A Comment Card from Barbara Griffin was received in support. The Mayor closed the public hearing. Council Member Watts questioned if the applicant could renew the specific use permit at the end of the term. Cunningham stated that the original specific use permit would expire but the applicant could come back and request an extension which would require another specific use permit process. Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance with an amendment for a fifteen year term instead of a ten year term. 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. City of Denton City Council Minutes January 4, 2011 Page 6 5. 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 asked for an update on the Phase I gas well drilling in terms of where the city was in the process and when it was expected to come before Council. Council Member Heggins reminded everyone about the upcoming celebration events for Dr. King. Mayor Burroughs mentioned that the Guyer and Ryan football teams were in the football playoffs. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of 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 6:45 p.m. MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS