Minutes November 04, 2003CITY OF DENTON CITY COUNCIL M1NUTES
November 4, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, November 4, 2003 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill,
Montgomery, Redmon and Thomson.
ABSENT: None
1. The Council received a report and held a discussion regarding a Retirement Health
Savings (RHS) Program with ICMA Retirement Corporation.
Eunice Brogdon, ICMA Retirement Corporation, reviewed the details of the program. The
program would allow current employees to accumulate funds for post-employment medical
expenses for health insurance and out-of-pocket medical expenses. This would help offset the
costs of medical expenses during retirement. The distributions were tax free for medical
expenses. The program would be a benefit to both the retirees and the City.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of November 4, 2003.
Following the completion of the Work Session, the Council convened into a Closed Meeting to
consider the specific items listed below:
1. Council considered the following in Closed Meeting:
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
Considered and discussed possible settlement authority in litigation styled
Sandy Reese Benigno and HarroM Anthony Benigno v. City of Denton and
Billy Ray Crutsinger, Cause No. 2002-60190-393, currently pending in the
393rd District Court, Denton County, Texas.
Deliberations regarding economic development negotiations - Under TEXAS
GOVERNMENT CODE Section 551.087 and Consultation with the City
Attorney- Under TEXAS GOVERNMENT CODE Section 551.071.
Deliberated and discussed commercial or financial information received
from a business prospect and offers of financial or other incentives to the
business prospect for the purposes of economic development negotiations
with TTHR, a Limited Partnership, regarding the construction of the
expansion of a hospital facility in the City of Denton, generally located at
207 North Bonnie Brae.
Regular Meeting of the City of Denton City Council on Tuesday, November 4, 2003 at 6:30 p.m.
in the Council Chambers at City Hall.
City of Denton City Council Minutes
November 4, 2003
Page 2
1. PLEDGE OF ALLEGIANCE
The Council and audience recited the Pledge of Allegiance to the U. S. and Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
The City was presented the 2003 Achievement of Excellence in Procurement Award.
Mayor Brock presented proclamations for Municipal Courts Week and Texas Recycles Day.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council and audience.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
1. John Skelton regarding the McKamy/Evers subdivision.
Mr. Skelton was not present at the meeting.
2. Dessie Goodson regarding general issues of the City.
Ms. Goodson stated she still had a problem with the landfill ordinance that the Council recently
passed. She commented on recent articles in the Denton Record-Chronicle regarding former
council members. She also felt that the hours of the L1NK system were not adequate for riders
and the service provided to the UNT students was not fair to other riders.
3. Richard Huckaby regarding NCTC government students.
Mr. Huckaby stated he had brought some of his NCTC government students to the meeting
tonight to see government in action. As a former city manager, he appreciated all that the
Council did.
4. CONSENT AGENDA
Mayor Brock stated that there was a Request to Speak card for Item #4K.
Jim Lindsey, developer of the Timbers of Denton, spoke regarding the appeal of the imposition
of impact fees.
Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
November 4, 2003
Page 3
Approved the minutes of September 30, October 7, October 8, and October 13,
2003.
Approved tax refunds for the following property taxes:
Name Reason
Tax
Amount
Year
2. Tom Jester & Paul Haywood DCAD Supplemental Change 2002 $ 928.45
2003-352 An ordinance establishing a Retirement Health Savings (RHS)
Program with ICMA Retirement Corporation, Vantagecare Retirement Health
Savings Program; authorizing an adoption agreement with ICMA; executing a
Declaration of Trust for the ICMA Vantagecare Retirement Health Savings Plan;
naming the Human Resources Director as Coordinator for the plan; and
establishing an effective date.
2003-353 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water and sewer parts for the City of Denton
Warehouse; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3080 - Water and Sewer Supplies for Warehouse inventory
stock awarded to Hughes Supply in the annual estimated amount of $600,000).
2003-354 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of cement, lime and aggregate for use by various city
departments; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3089 - Cement, Lime & Aggregate awarded to the lowest
responsible bidder for each item in the estimated amount of $2,300,000).
2003-355 - An ordinance accepting competitive bids and awarding a contract for
the purchase of a Landfill Compactor for the City of Denton Solid Waste
Division; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3067 - Landfill Compactor awarded to A1-Jon in the amount
of $456,854).
2003-356 - An ordinance of the City of Denton, Texas authorizing the Mayor to
enter into an Interlocal Cooperation Agreement with the cities of Gainesville,
Texas and Sherman, Texas for the use of personnel and equipment; authorizing
the expenditure of funds therefor; and providing for an effective date.
2003-357 - An ordinance authorizing the rejection of the R.L. Adkins Bid and
authorizing the re-advertisement for a Non-Drill Site/Pooling Agreement for
South Lakes Park in the City of Denton, Texas; and providing an effective date.
2003-358 - An ordinance authorizing the City Manager to execute a Non-drill
Site/Pooling Agreement with Joint Resources Company for 353 acres of North
Lakes Park; and providing an effective date.
City of Denton City Council Minutes
November 4, 2003
Page 4
2003-359 - An ordinance of the City of Denton, Texas authorizing the
competitive bid process for an oil and gas Non-Drill Site/Pooling Agreement for
the Airport Open Space Park; and providing an effective date.
2003-360 - An ordinance of the City Council denying the appeal of William Kim
Fugitt, AIA (The Timbers at Denton, LLC.) brought pursuant to {}26-226 of City
of Denton Ordinance No. 2003-137, involving the imposition of impact fees; and
providing for an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting approval of an off-site sub-surface use of Mack Park, and Lake Forest Park for the
purpose of oil and gas drilling operations in accordance with Chapter 26 of the Texas Parks and
Wildlife Code; providing for an oil and gas lease; and providing an effective date.
Bob Tickner, Superintendent of Parks, stated that the alternative uses of the park locations were
for oil and gas exploration in the area. State law required the public hearing to determine if this
would be a proper use of the park site. No part of the park surface would be disturbed for the
drilling.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-361
AN ORDINANCE GRANTING APPROVAL OF AN OFF-SITE SUB-SURFACE USE
OF MACK PARK, AND LAKE FOREST PARK FOR THE PURPOSE OF OIL AND
GAS DRILLING OPERATIONS IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR AN OIL AND GAS
LEASE; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
amending the Detailed Plan for Planned Development 120 (PD-120) for approximately 50 acres.
The property was generally located along the south side of the proposed extension of Hercules
Lane approximately 1100 feet east of Nicosia Street. Residential and open space lots were
proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0019,
North Pointe)
City of Denton City Council Minutes
November 4, 2003
Page 5
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal.
The amendment was to the detailed plan and allowed for 16 additional housing units in the
project that were originally in the 1998 concept plan. It also approved the alignment of Hercules
and allowed the City better access to the transmission lines in the area.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, Mitchell Planning Group - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-362
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND
APPROVING A DETAILED PLAN FOR AN APPROXIMATE 50 ACRE PORTION
OF PLANNED DEVELOPMENT 120 (PD-120) ZONING DISTRICT AND LAND
USE CLASSIFICATION TO INCREASE THE NUMBER OF RESIDENTIAL LOTS
AND THE REALIGNMENT OF HERCULES LANE; PROVIDING FOR A SAVING
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z03-0019)
Montgomery motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a Compromise Settlement Agreement and Release of
All Claims in litigation styled Sandy Reese Benigno and HarroM Anthony Benigno v. City of
Denton and Billy Ray Crutsinger, Cause No. 2002-60190-393, currently pending in the 393rd
District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date.
The following ordinance was considered:
NO. 2003-363
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS IN LITIGATION STYLED SANDY REESE BENIGNO
AND HARROLD ANTHONY BENIGNO V. CITY OF DENTON AND BILLY RAY
CRUTSINGER, CAUSE NO. 2002-60190-393, CURRENTLY PENDING IN THE 393Rr~
City of Denton City Council Minutes
November 4, 2003
Page 6
DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Montgomery motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance establishing an Economic
Development Program under Chapter 380 of the Local Government Code for making grants of
public money to promote economic development and to stimulate business activity in the City of
Denton; approving an Economic Development Incentive Agreement with TTHR Limited
Partnership regarding the purchase of tangible personal property using a Texas Direct Payment
Permit to generate local use tax revenue to the City, which tangible personal property will be
located at an expanded hospital facility in the City of Denton generally located at 207 North
Bonnie Brae; authorizing the expenditure of funds therefor; and providing an effective date.
Linda Ratliff, Director of Economic Development, stated that the Texas Direct Payment Permit
would allow the city to share in the revenues generated by the hospital.
The following ordinance was considered:
No. 2003-364
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUS1NESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH TTHR
LIMITED PARTNERSHIP REGARDING THE PURCHASE OF TANGIBLE
PERSONAL PROPERTY USING A TEXAS DIRECT PAYMENT PERMIT TO
GENERATE LOCAL USE TAX REVENUE TO THE CITY, WHICH TANGIBLE
PERSONAL PROPERTY WILL BE LOCATED AT AN EXPANDED HOSPITAL
FACILITY IN THE CITY OF DENTON GENERALLY LOCATED AT 207 NORTH
BONNIE BRAE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance of the City of Denton, Texas
granting an exaction variance to the Park Dedication and Development Fees Requirements for
neighborhood parks for Robson Ranch, PD-173, being a residential development consisting of
approximately 2,725 acres of land generally located between 1-35W and Florence Road and
between Robson Ranch Road and Lively Road in the City of Denton, Texas; approving a
recreational program agreement; and providing an effective date.
City of Denton City Council Minutes
November 4, 2003
Page 7
Janet Simpson, Director of Parks and Recreation, stated that the City had been working with
Robson for quite some time on this type of agreement. Robson had requested a variance to the
Park Dedication and Development Fees requirement due to the type of population of the
residents in the development and the recreational facilities that the development had provided.
Robson was agreeing to allow public access to these facilities and to a recreational program
agreement for the use of the facilities.
The following ordinance was considered:
NO. 2003-365
AN ORDINANCE OF THE CITY OF DENTON, TEXAS GRANTING AN
EXACTION VARIANCE TO THE PARK DEDICATION AND DEVELOPMENT
FEES REQUIREMENTS FOR NEIGHBORHOOD PARKS FOR ROBSON RANCH,
PD-173, BEING A RESIDENTIAL DEVELOPMENT CONSISTING OF
APPROXIMATELY 2,725 ACRES OF LAND GENERALLY LOCATED BETWEEN
1-35W AND FLORENCE ROAD AND BETWEEN ROBSON RANCH ROAD AND
LIVELY ROAD IN THE CITY OF DENTON, TEXAS; APPROVING A
RECREATIONAL PROGRAM AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
D. The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
The following resolution was considered:
NO. R2003-039
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Mayor motioned, McNeill seconded to nominate the following individuals: Patricia Muro,
Sandra Faust, Jack Weir, and David Herold. On roll vote, Burroughs "aye", Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
E. The Council considered adoption of an ordinance accepting competitive bids and
awarding a public works contract for the construction of the Eastern Pecan Basin Sanitary Sewer
Replacements and Liners; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3088 - Eastern Pecan Basin Sanitary Sewer Replacements and Liners
awarded to PATCO Utilities, Inc., in amount not to exceed $1,342,953.25).
City of Denton City Council Minutes
November 4, 2003
Page 8
Jim Coulter, Director of Water and Wastewater Operations, stated the project would allow for
repairs to the Eastern Pecan Basin section of the sanitary sewer area. Leakage of rainwater into
the collection system was occurring which caused overflows into the environment. This would
also allow for more efficient treatment of the system.
The following ordinance was considered:
No. 2003-366
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE EASTERN PECAN
BASIN SANITARY SEWER REPLACEMENTS AND LINERS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (BID 3088 - EASTERN PECAN BASIN SANITARY SEWER
REPLACEMENTS AND LINERS AWARDED TO PATCO UTILITIES, INC., IN
AMOUNT NOT TO EXCEED $1,342,953.25).
Montgomery motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance authorizing the Mayor to
execute an Interlocal Agreement between the City of Denton and Texas Woman's University to
provide for Off-Campus Motor Carrier Passenger Service for TWU students, staff and faculty;
and providing for an effective date.
Mark Nelson, Director of Airport and Transportation Operations, stated this agreement would be
a partnership with TWU and the City of Denton. A flat fee would be charged to the university
based on past ridership figures with a 20% discount. The University paid for the students, staff
and faculty to ride on the system.
The following ordinance was considered:
NO. 2003-367
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S
UNIVERSITY TO PROVIDE FOR OFF-CAMPUS MOTOR CARRIER PASSENGER
SERVICE FOR TWU STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
G. New Business
The following items of New Business were suggested by Council Members for future agendas:
City of Denton City Council Minutes
November 4, 2003
Page 9
Mayor Pro Tem Burroughs requested a future work session to discuss the
mutual aid agreement ordinance relative to time limits for the contracts and
definitions of emergency situations.
Council Member McNeill suggested that Council encourage the Planning and
Zoning Commission to consider the infill criteria and incorporate it into the
quarterly revision of the Development Code.
3. Council Member Redmon suggested a public meeting by the Council or the
Mayor regarding the City transportation system relative to street construction.
4. Council Member Montgomery requested an update on the Denia area access
to and from the freeway due to the Eagle Point development.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Session.
J. 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 7:42 p.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS