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July 12, 2011 Minutes CITY OF DENTON CITY COUNCIL MINUTES July 12, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 12, 2011 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no citizen comments on the Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for July 12, 2011. Council Member Watts asked about Consent Agenda Item 4G. He stated that Council had a previous discussion regarding emissions from a Midlothian plant and wet kiln versus dry kiln. He questioned which type was this manufacturer. Elton Brock, Purchasing Agent, stated that the product was a sole source mixture from a company with a patient which increased the hardness of the cement. Council Member Watts stated that Council had a previous concern about the manufacturing of the cement and he was questioning what method was used to mix this. City Manager Campbell stated that staff would research that question and report back to Council. Mayor Burroughs asked about Consent Agenda Item 4F and the replacement of the vehicles. He questioned what would be done with the old vehicles. Brock stated that staff would decide what to do with the old vehicles as soon as the new vehicles were delivered. Mayor Burroughs suggested that staff let Council know before something was decided to see if the City could work with a sister city on the vehicles. Brock stated that normally the vehicles went through a local auction. 3. Receive a report, hold a discussion and give staff direction on the new Animal Care and Adoption Center construction planning process. Mayor Pro Tem Kamp stated that she was pleased that an announcement would be made regarding the Center and introduced the Foundation members and volunteers for the Center. Bette Sherman, Chair-Foundation Board, announced that the Board had surpassed its $2 million goal as of the end of June. City of Denton City Council Minutes July 12, 2011 Page 2 Scott Fletcher, Captain-Denton Police Department, presented an update on the progress of the Animal Care and Adoption Center. The Denton Animal Shelter Foundation agreement with the City had several components. The City components included property acquisition, architectural services, construction timeline, operation of the shelter, and additional funding sources. The Foundation components included a capital campaign and naming recommendations. Both entities were involved in the architect selection, planning/design, and design changes (in construction). A Building Committee of equal members of the Foundation and City staff had been formed. Status of the campaign – Fletcher reviewed the capital campaign goal in terms of in-kind donations and cash/pledges. Cash donations at the end of 2010 were $1.0 million, at the end of 2011 $1.2 million with the remaining funds scheduled to come in over the next 4 years. All of the cash would be turned over to the City once a contract was signed to be used for construction. Architect selection - Connolly Architects and Consultants had performed a shelter feasibility study in 2005; a shelter master plan in 2008 and had done numerous animal shelter designs. They were recommended by the Building Committee. Project Timeline – the total project timeline was 18 months with the design phase consisting of 7 months, 2 months for bidding/negotiations and a construction phase of 9 months. It was anticipated that the project would begin in September 2011 and be completed in December 2012 assuming there were no delays in the project. Council Member Watts asked what the cost of the land was and the total cost for the building and the land. Fletcher stated that the total land area was 20 acres which cost $1 million with seven acres set aside for the shelter at a cost of approximately $400,000. Current project estimates were in the $215-$250 per square foot for construction. Council Member Roden questioned the price range of the construction estimates. Fletcher stated that was a floating range for square footage of construction. Until the construction documents were completed, a firm figure was not available. Council Member Gregory asked about the options listed in the backup materials. It appeared that Option 3 was the direction needed. Fletcher stated that staff was asking for a recommendation to begin the architect selection and development of the construction documents and negotiate with Connolly Architects for the development of the documents. Council Member Gregory stated those would be Options 1 and 3. Fletcher replied correct. Consensus of the Council was to proceed with Options 1 and 3. City of Denton City Council Minutes July 12, 2011 Page 3 Bette Sherman introduced the members of the Board of Directors of the Foundation who were present at the meeting. She indicated that to date, 13,300 volunteer hours had been logged by the Board and volunteers had logged 10,000 hours. The public-private partnership was very helpful in all of their fundraising. Even though the Foundation had met their goal, they would continue to raise funds to help with the interior of the facility. The community expected that a result will be what Council decided today. To date, they had 988 donors to the campaign, from special education children to students to local businesses. $330,000 of the $2 million was grant money and the Foundation hoped to receive more in grant funds in the future. 4. Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. The Council reviewed the nominations by board and council member as listed in the backup materials. Mayor Burroughs indicated that Council would continue to work on any outstanding nominations. 5. Receive a report, hold a discussion and give staff direction regarding the request for City sponsorship of the First Annual Susan G. Komen Race for the Cure to be held in Denton on September 24, 2011. Linda Ratliff, Director of Economic Development, stated the Mayor, Mayor Pro Tem and several staff members met with the Komen people in June regarding holding their first Denton race on September 24, 2011. Komen representatives had been working with UNT and developed a course with most of the race on the UNT campus. Komen requested in-kind sponsorship from the City in terms of police and fire/EMS support and barricades. The race also was the same day as the second home football game at UNT. The race was expected to attract 3,000-5,000 people th in Denton and would take place the morning of September 24. Staff had looked at costs for overtime for police and fire and the cost for a barricade company to provide that service as the City would not have enough barricades for the event. There were over 30 intersections that needed to be manned or barricaded. UNT would do most of those except for eight intersections. An estimate for police services was $2,000-$2,800; fire was $2,250 and barricades were $3,130 which did not include a traffic control plan cost. Staff was asking Council for a decision on the funding for this event which was planned to be an annual event for the City. Mayor Burroughs asked whether TWU had been asked for barricades to borrow for the event or perhaps the DISD. Ratliff replied that with past events the City did not participate in the setup or removal of barricades as it would require paying overtime for those functions. It was more cost effective for a barricade company to do that function Council Member Watts questioned how long the event would be from registration until the last person finished. City of Denton City Council Minutes July 12, 2011 Page 4 Glynis Anderson, Kolman Events Logistics Manager, stated that the plan was to start registration at 5:30 a.m. with the one mile race followed by the 5K and casual 5K race. There would be a festival following the races which would end around 10:00 a.m. Council Member Engelbrecht asked if TWU was participating in the event. Anderson stated that UNT was the host and TWU would be involved along with Sally Beauty Supply. Council Member Engelbrecht asked about the number of participants. Anderson stated that they were projecting 3,000-5,000 involved in the race with additional people coming to watch the participants. Council Member Engelbrecht asked if there was a commitment fee. Anderson replied not for this race but there was a suggestion to raise money but it was not a requirement. The fundraising goal was $300,000 for the Denton race with 75% of that money staying with the affiliate and 25% going for research. Ratliff stated that staff needed to know if Council would like to move forward with sponsorship and funding for barricades. Council Member Watts questioned the source of the funding. Ratliff stated that there some contingency funds available which could be used. Staff would have to research to see if the event met the criteria for HOT funds. Mayor Burroughs suggested including a “not to exceed figure” if Council wanted to proceed. Council Member Watts suggested checking with DCTA to see if it would like to be involved to help people coming from Dallas with shuttle service to UNT. Consensus of the Council was to proceed with sponsorship and find funding for the barricades with a not to exceed cost of $10,000. The Council convened in Closed Meeting at 4:28 p.m. to consider the following: 1. Closed Meeting: A.Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition or the condemnation of a fee simple tract, a temporary construction easement tract, and a public utility City of Denton City Council Minutes July 12, 2011 Page 5 easement tract for the Mayhill Road Widening and Improvements project, affecting real property tract in the M. Forrest Survey, Abstract No. 417, in the City and County of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B.Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1.Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body 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. Also hold a discussion regarding a grant application from Joe Northern for the Downtown Incentive Grant Program with respect to redevelopment of a building on 207 N. Bell Avenue. This discussion shall include commercial and financial information the City Council has received from Joe Northern which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. C.Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Consult with City's attorneys regarding legal rights, restrictions and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. 2.Consult with, and provide direction to, City's attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations: City of Denton City Council Minutes July 12, 2011 Page 6 a.Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City's regulatory authority, with regard to such issues and strategies; and b.Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations. The Council convened in the Regular Meeting at 6:30 p.m. in the Council Chambers. 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 There were no proclamations/presentations for this meeting. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Diane Sloan regarding how the Code is being interpreted. Ms. Sloan stated that she was concerned about a deck that was built in her neighbor’s yard which although it met current code was much higher than her privacy fence. When people were out on that deck, they were able to look over her fence and into her home. She asked Council to consider revising the code so that this would not be a problem in the future. CONSENT AGENDA 4. Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes July 12, 2011 Page 7 Resolution No. R2011-024 A.Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Equal Employment Opportunity; and declaring an effective date. Resolution No. R2011-025 B. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Harassment Prevention/Workplace Abuse; and declaring an effective date. Resolution No. R2011-026 C. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Anti-Substance Abuse and Rehabilitation; and declaring an effective date. Resolution No. R2011-027 D. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Demotions; and declaring an effective date. Resolution No. R2011-028 E. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding a Worker's Compensation/Salary Continuation Program; and declaring an effective date. Ordinance No. 2011-104 F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the replacement of two existing Bomb Technician Response vehicles for the City of Denton Fire Department; providing for the expenditure of funds from the Urban Areas Security Initiative Grant therefore; and providing an effective date (File 4743- Purchase of Two Bomb Response Vehicles for the City of Denton Fire Department awarded to Caldwell Country Chevrolet in the total amount of $139,576). Ordinance No. 2011-105 G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from TXI, 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 4747- Purchase of Cem-Lime for Street Department in the unit price amount of $135/dry ton for an annual estimated amount of $300,000). Ordinance No. 2011-106 H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas, or his designee, to execute for and on behalf of the City a Pipeline Crossing Agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad Company, relating to the construction, maintenance and operation of a sanitary sewer pipeline within the railroad right-of-way, located immediately north of said railroad City of Denton City Council Minutes July 12, 2011 Page 8 right-of-way's intersection with McKinney Street at Mile Post: 718.95, Choctaw Subdivision within the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City and County of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Approved the Council committees as noted in the agenda backup materials. I. Consider appointments to Council committees. Approved the minutes as noted below. J. Consider approval of the minutes of: June 7, 2011 June 14, 2011 June 21, 2011 Ordinance No. 2011-107 K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager of his designee to execute a real estate contract of sale between the City of Denton and Black Bear Properties, LLC and other documents necessary to acquire an approximate 4.024 acre tract of land, being located in the M. Forrest Survey, Abstract Number 417, City and County of Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (Mayhill Road Widening and Improvements project) 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2011-108 A. CONTINUED - Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Joe Northern from the Downtown Incentive Grant Program not to exceed $5,000; and providing for an effective date. The Economic Development Partnership Board recommends denial (7-0). Council Member Gregory motioned, Council Member Roden seconded to remove the item from the table. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Council Member Roden motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 6. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: City of Denton City Council Minutes July 12, 2011 Page 9 1. Nell Yeldell regarding water and soil contamination and the definition of minority and majority. Ms. Yeldell was not present at the meeting. 2. Zorobabel Gomez, Jr. regarding citizen input regarding public policy. Mr. Gomez was not present at the meeting. 7. 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 Watts asked for a report on the possibility of a right hand turn lane at the corner of Hobson and Highway 1830. Council Member Gregory, along with a consensus of the Council, asked staff to survey neighboring communities that had height setback restrictions regarding decks around outdoor structures. Council Member Gregory asked for an informal staff report regarding the landscaping around the gas well in the Rayzor Ranch development. Council Member Engelbrecht asked for a time frame when the landscaping at the Rayzor Ranch gas well would be replaced. Council Member Engelbrecht stated that he had also received requests for a right turn lane at Hobson and Highway 1830. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes July 12, 2011 Page 10 Mayor Burroughs announced that Council would be going back into Closed Session. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs indicated that there would be no official action on Closed Meeting items. Council convened in Closed Session at 7:07 p.m. to consider the following: C.Consultation with Attorneys - Under Texas Government Code Section 551.071. 3.Consult with, and provide direction to, City's attorneys on legal issues associated with previous annexations of land, specifically including, but not limited to, legal and strategic issues associated with the modification, negotiation and enforcement of non-annexation agreements as they relate to building on lots within plats approved prior to the execution of non- annexation agreements, as well as more general legal and strategic issues relating to the annexation of such area. D.Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; and Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property more particularly described as a 0.93 acre tract, in the M. Yoacham Survey, Abstract No. 1442, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the tract referenced hereinabove, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. Following the completion of the Closed Meeting at 7:24 p.m., the Mayor reopened the meeting at which time the meeting was adjourned. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS