Minutes April 20, 2004 CITY OF DENTON CITY COUNCIL MINUTES
April 20, 2004
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, April 20, 2004 at 11:00 a.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, and
Thomson.
ABSENT: Council Members Montgomery and Redmon
1. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2004, and
approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
David Medanich, First Southwest Company, stated that it was their recommendation not to
refund the bonds at this time. The market was not good and he suggested watching to see what
might happen during the next several months.
Council discussed whether or not the process was too cumbersome to take advantage of a
quickly moving market.
With no further business, the special called meeting was adjourned at 11:10 a.m.
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 20, 2004 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Redmon and Thomson.
ABSENT: Council Member Montgomery
1. The Council received funding recommendation reports from the Community
Development Advisory Committee (CDAC) and the Human Services Advisory Committee
(HSAC). The Council held a discussion regarding the proposed 2004 Action Plan for Housing
and Community Development and gave staff direction.
Ed Touraine, Chair-Community Development Advisory Committee, stated that the funding
recommendations were listed in the agenda back-up materials and he was available for questions.
James McDade, Chair-Human Services Advisory Committee, stated that the needs for funding
had grown tremendously. The Committee did not review any applications received after the
deadline and was recommending funding for 25 community programs.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of April 20, 2004.
Following the completion of the Work Session, the Council convened into Close Sesison.
City of Denton City Council Minutes
April 20, 2004
Page 2
1. The Council considered the following in Closed Meeting:
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
Received legal advice from the City Attorney regarding the award of
Special Commissioners and procedural options in condemnation
proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al.,
Cause No. ED-2003-01327 pending in the Probate Court of Denton
County, Texas.
Regular Meeting of the City of Denton City Council on Tuesday, April 20, 2004 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
A. Proclamations/Awards
Mayor Brock presented proclamations for:
Days of Remembrance
International Children's Day
Denton Cinco de Mayo Day
B. April Yard-of-the-Month Awards
Mayor Brock presented Yard of the Month Awards to:
David and Pam Arthur
Larry and Pam Speed
Delbert and Doris Gray
Billy and Robin Railsback
The Coventry Apartments
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
D. Briefing by a member/representative of the Denton County Commissioner's Court
regarding the proposed County bond program that will affect Denton.
City of Denton City Council Minutes
April 20, 2004
Page 3
Judge Mary Horn presented proposed projects for the County bond election that would be held
on May 15, 2004. She presented a resolution of support for the upcoming bond program for the
Council to consider at a future agenda.
3. CITIZENS REPORTS
The Council received citizen reports from the following:
1. Willie Hudspeth regarding minority hiring and the tree ordinance.
Mr. Hudspeth presented information regarding minority hiring in the City's Fire Department. He
felt that the City was not doing enough to achieve minority hiring in the Department. He
suggested reducing his taxes equal to the amount to manage the Department as there was no
minority representation in the department.
Peternia Washington regarding responsible and responsive government
part 5.
Ms. Washington was not present at the meeting.
3. John McLeod regarding utility billing.
Mr. McLeod was not present at the meeting.
4. Dessie Goodson regarding responsibility.
Ms. Goodson stated there were two ordinances passed at a prior meeting that she had not seen in
the legal notice section of the newspaper. She felt there was a need for an explanation for those
ordinances. The council had a responsibility to all citizens of the City of Denton.
4. CONSENT AGENDA
Mayor Brock stated that a Request to Speak Card had been received on one of the Consent
Agenda Items.
Mike Cochran spoke in opposition to Item 4F.
Council Member Thomson requested that Items 4F and 4G be removed for separate
consideration.
Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Items 4F and 4G. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
Items 4F and 4G were considered.
Council discussed adding performance criteria for the organization performing the collection of
delinquent taxes for future contracts.
City of Denton City Council Minutes
April 20, 2004
Page 4
Burroughs motioned, Kamp seconded to approve Item 4F. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
Thomson motioned, Burroughs seconded to approve Item 4G with the amended ordinance as
presented. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
2004-114 - An ordinance of the City of Denton, Texas authorizing payment of the
award of Special Commissioners into the registry of the court in condemnation
proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No.
ED-2003-01327 pending in the probate court of Denton County, Texas; and
declaring an effective date.
2004-115 - An ordinance awarding a contract for the purchase of materials,
supplies, or services necessary for the purchase and maintenance of Oracle
Database Enterprise Edition software as approved by the State of Texas General
Services Commission Department of Information Resources (DIR); providing for
the expenditure of funds therefor; and providing an effective date (File 3161 -
Purchase of Oracle Software awarded to Mythics, Inc. in the amount of
$149,057.50).
2004-116 - An ordinance authorizing the financing for six refuse trucks and an
eighteen foot Windrow composting machine with Bank One through a
lease/purchase financing agreement; providing for the expenditure of funds
therefor; and providing an effective date (File 3155 -Lease Purchase of Refuse
Trucks and Composting Machine, approximate finance charges $65,079.60).
2004-117 - An ordinance accepting competitive bids and awarding a contract for
the purchase of an annual mowing contract for various City departments;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3139 - Annual Mowing Contract awarded to the lowest responsible bidder in
the amount of $110,000).
2004-118 - An ordinance accepting competitive bids and awarding a contract for
the purchase of temporary employment services for the Residential Solid Waste
Division of the City of Denton Solid Waste Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3151 -
Temporary Employment services for Residential Solid Waste awarded to Labor
Ready in the amount of $11.25/hr).
2004-119 - An ordinance amending Chapter 10, Section 10-2(d) of the Code of
Ordinances of the City of Denton, Texas to provide for the increase in the penalty
for delinquent taxes still due as of July 1, of the tax year, from 15 percent to 20
percent; providing for a severability clause; providing for a savings clause; and
providing for an effective date.
2004-120 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute an amendment to professional services agreement with
City of Denton City Council Minutes
April 20, 2004
Page 5
Linebarger, Goggan, Blair, Pena & Sampson, LLP and Gregory & Conner P.C. to
increase compensation for delinquent taxes on behalf of the City of Denton; and
providing for an effective date.
R2004-017 - A resolution adopting new program guidelines to increase the
amount for a single family equivalent impact fee under incentive grants to pay
water and wastewater impact fees for single family affordable housing residential
units; and providing an effective date.
R2004-018 - A resolution allowing Metzler's Restaurant to be the sole participant
allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1,
2004, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an
effective date.
Approved a tax refund for the following property tax:
Tax
Name Reason Year Amount
s s
2004-121 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton, Texas and JVC Real Estate LLC, and
providing an effective date.
R2004-019 - A resolution of the City Council of the City of Denton, Texas
supporting transfer of Federal Transit Administration Designated Recipient status
from the City of Denton to the Denton County Transportation Authority; and
providing an effective date.
2004-122 - An ordinance abandoning and vacating a Sanitary Sewer easement
from Wheeler Ranch, Ltd. to City of Denton recorded in Volume 5105, Page 3845
of the Real Property Records of Denton County, Texas, in the B. Merchant
Survey, Abstract No. 800; and declaring an effective date.
2004-123 - An ordinance amending and updating a mutual aid agreement (86-
188) between the City of Denton and Denton State School for mutual assistance
during times of catastrophic events, emergencies or disasters; and providing for an
effective date.
R2004-020 - A resolution establishing a standing committee of the City Council
of the City of Denton for Council Appointee Performance Reviews; appointing
the initial members of the committee; and providing an effective date.
5. PUBLIC HEARINGS
Item 5D was considered.
City of Denton City Council Minutes
April 20, 2004
Page 6
D. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre
property was in a Neighborhood Residential Mixed Use (NRMU) zoning district and was
generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of
Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and
Zoning Commission recommended denial (5-1). Supermajority vote required for approval. (Z04-
0007, Dry Clean Super Center)
The Mayor opened public hearing.
No one spoke during the public hearing.
Burroughs motioned, McNeill seconded to postpone the public hearing until May 4, 2004. On
roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
The Council returned to the regular agenda order.
A. The Council held a public hearing inviting citizens to comment on the City of
Denton's 2004 Action Plan for Housing and Community Development.
Barbara Ross, Community Development Administrator, stated that there was a 30-day comment
period regarding the 2004 Action Plan. The public hearing was to receive comments on the
action plan based on recommendations of the two committees.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Carol Puckett, 925 Manhattan, Denton, 76209 - in favor of funding for Adult Day Care
Andre Villarreal, 147 FM 407W, Argyle, 76226 - in favor of funding for Adult Day Care
A Comment Card was received from Dan Leal, 604 Chateau Court, Denton, 76209, in favor of
the funding recommendations.
Carolyn Phillips expressed concerns regarding some of the funding recommendations
such as housing programs in southeast Denton, loans to the elderly for housing rehabilitation.
Darrell Ramsey, 514 Mack Drive, Owsley Community School - asked that if one late
application was considered then all should be considered.
The Mayor closed the public hearing.
No action was needed on this item.
B. The Council held a public hearing and considered adoption of an ordinance for
Comprehensive Plan Amendment from 'Employment Centers' and 'Neighborhood Centers' to
'Neighborhood Centers' and 'Employment Centers' respectively. The area for amendment
encompassed approximately 2.09 acres, which was generally located between Fort Worth Drive
City of Denton City Council Minutes
April 20, 2004
Page 7
and Country Club Road, and north of the Bent Creek Estates subdivision. The property was
largely undeveloped and single-family residential uses were proposed. The Planning & Zoning
Commission recommended approval, 5-1. (CA04-O001, Central Village Estates)
Kelly Carpenter, Director of Planning and Development, stated that the amendment would take
one portion of the property out of the employment center and put it in NR2 and take one portion
out of NR2 and put it in an employment center. This would straighten out the boundaries of the
two districts.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Vicki Oppenheim, representing the petitioner - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-124
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE
DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR
AMENDMENT ENCOMPASSING APPROXIMATELY 2.09 ACRES AND IS
GENERALLY LOCATED BETWEEN FORT WORTH DRIVE AND COUNTRY
CLUB ROAD, NORTH OF BENT CREEK ESTATES SUBDIVISION; PROVIDING A
SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(CA04-0001)
Burroughs motioned, McNeil seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding amendments to the Denton Development Code and the Code of Ordinances of the City
of Denton, Texas related to development standards associated with electric transmission lines
and non-transmission voltage lines. The Planning and Zoning Commission recommended
approval (6-0). (SI04-0004, DME Code Amendments)
Sharon Mays, Director of Electric Utilities, stated that the ordinance would adopt the National
Electric Safety Code.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
April 20, 2004
Page 8
The following ordinance was considered:
NO. 2004-125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
PROVIDING FOR AMENDMENT OF THE CITY OF DENTON, TEXAS, CODE OF
ORDINANCES, CHAPTER 28, ARTICLE III ELECTRICAL CODE, DIVISION 3
AND PROVIDING FOR THE ADDITION OF SECTION 35, SUBCHAPTER 24 -
ELECTRIC STANDARDS, RESPECTING THE ADOPTION OF THE NATIONAL
ELECTRICAL SAFETY CODE, 2002 EDITION, VERSION C-2 2002; PROVIDING
FOR AMENDMENTS TO THE NATIONAL ELECTRICAL SAFETY CODE, AS
STATED IN SECTION 3 OF THIS ORDINANCE RESPECTING THE CITY OF
DENTON, TEXAS; THE ESTABLISHMENT OF ELECTRIC TRANSMISSION LiNE
MINIMUM CLEARANCE REQUIREMENTS RESPECTING THE MATTER OF
ELECTRIC SUPPLY LINES RESPECTING CONSTRUCTION AND THE
LOCATION OF IMPROVEMENTS ON REAL PROPERTY; PROVIDING FOR AN
OPEN MEETINGS CLAUSE; PROVIDING FOR A CUMULATIVE CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 PER
VIOLATION, PER DAY FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
concerning the creation of a Special Sign District for the Unicorn Lake Development. The
proposed 133.5 acres site was located south of Interstate 35 East along both sides of Wind River
Lane. The purpose of the Special Sign District was to allow signage for a development to
deviate from the requirements of Subchapter 15 of the Development Code. The Planning and
Zoning Commission recommended approval (6-0). (SD04-O001, Unicorn Lake DevelopmenO
Kelly Carpenter, Director of Planning and Development, stated that the proposal had been
approved by the Planning and Zoning Commission with five conditions.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Brad Shelton, developer- favor
The Mayor closed the public hearing.
Council discussion of the proposal included:
Whether the developer agreed with the Planning and Zoning Commission's conditions
Would there be lighted signs in the neighborhood
Pylor signs not in development - only on I35
City of Denton City Council Minutes
April 20, 2004
Page 9
The following ordinance was considered:
NO. 2004-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT ON AN
APPROXIMATE 133.5 ACRES OF LAND LOCATED AT THE NORTHWEST AND
SOUTHWEST CORNERS OF INTERSTATE 35 EAST FRONTAGE ROAD AND
W1ND RIVER LANE LEGALLY DESCRIBED AS TRACT 15 OF THE
M.E.P.&P.R.R. SURVEY ABSTRACT NUMBER 950 IN THE CITY OF DENTON,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
(SD04-0001)
Burroughs motioned, Kamp seconded to adopt the ordinance with the Planning and Zoning
Commission recommendations. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye",
Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution by the City Council of the City
of Denton, Texas, supporting the submission of an affordable housing tax credit application by
the City of Denton Housing Authority to the Texas Department of Housing and Community
Affairs for the redevelopment of the Phoenix Apartments site located at 308 S. Ruddell Street;
authorizing the Mayor to write a letter of support for the development and allocation of tax
credits; and providing for an effective date.
Barbara Ross, Community Development Administrator, stated that the Denton Housing
Authority would be redeveloping the Phoenix Apartment site. The Authority needed approval by
the governing body to apply for tax credits as the city already had twice the state average of units
per capita supported by housing tax credits or private activity bonds.
The following resolution was considered:
NO. R2004-021
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
SUPPORTING THE SUBMISSION OF AN AFFORDABLE HOUSING TAX CREDIT
APPLICATION BY THE CITY OF DENTON HOUSING AUTHORITY TO THE
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE
REDEVELOPMENT OF THE PHOENIX APARTMENTS SITE LOCATED AT 308 S.
RUDDELL STREET; AUTHORIZING THE MAYOR TO WRITE A LETTER OF
SUPPORT FOR THE DEVELOPMENT AND ALLOCATION OF TAX CREDITS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
City of Denton City Council Minutes
April 20, 2004
Page 10
B. The Council considered adoption of an ordinance amending the Denton City Code
by adding article VII, entitled "storm water and detention facility improvements"; regulating the
construction of storm water drain lines, channels and detention facilities; providing for pro rata
and oversizing charges; providing a method of reimbursement to the developer by pro rata and
oversizing payments; providing a method of enforcing payment of pro rata and oversizing
charges; renumbering article VII to article VIII uniform regulations to govern the use and
occupancy of public rights-of-way by providers of electric service in the city; repealing all
ordinances or parts of ordinances inconsistent or in conflict herewith; providing a severability
clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing
an effective date.
Dave Salmon, Assistant Director of Engineering, presented the details of the proposal. Current
regulations required a developer to provide drainage structures large enough to account for future
upstream development. There was no mechanism to reimburse a developer of additional costs
associated with either upsizing drainage structures to provide for future upstream development or
downstream drainage improvements across an adjacent property. In addition, the Texas Water
Code required a developer to pick up existing drainage runoff from upstream properties and
carry it through the development site. The drainage must be discharged in such a manner that
would not damage the downstream property owner. The proposed ordinance would cover two
specific development situations and provide a mechanism for a developer to recover the costs
associated with drainage improvements that exceeded what was needed for his specific
development in most instances. One other situation would be that the city would install the
drainage improvements prior to development of properties. Pro rata fees would then be collected
from developers when they developed their property and increased drainage runoff.
Council discussion included:
Ways to monitor the agreements due to a possible lengthy time frame for development
Whether other cities had these types of agreements/procedures
Comment cards were received from:
Misty Ventura, Hughes and Luce - table the ordinance to clean it up before passage
Council Member Kamp requested the Council go into Closed Session to continue discussion on
the proposed ordinance.
The Council went into Closed Session at 8:50 p.m.
The Council returned from Closed Session at 9:10 p.m.
Burroughs motioned, Thomson seconded to postpone Items 6B and 6C until the May 18, 2004
meeting. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
C. The Council considered an exaction variance of Section 35.19.4 (A)(5) of the
Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel was located on the
north side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie
City of Denton City Council Minutes
April 20, 2004
Page 11
theatre was proposed. The Planning & Zoning Commission recommended denial (4-2). (V04-
0001 Cinemark Addition Drainage Variance)
This item was postponed until the May 18, 2004 meeting as noted in Item 6B.
D. The Council considered adoption of an ordinance approving an Interlocal
Cooperation Agreement between the City of Denton and the Denton County Transportation
Authority relating to an Enhanced Local Assistance Program; and providing an effective date.
Mark Nelson, Director of Transportation Services, stated that the ordinance would transfer funds
from the Denton County Transportation Authority to the City of Denton through the Enhanced
Local Assistance Program.
The following ordinance was considered:
NO. 2004-127
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY
TRANSPORTATION AUTHORITY RELATING TO AN ENHANCED LOCAL
ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
E. New Business
The following items of New Business were suggested by Council for future agendas:
Mayor Pro Tem Burroughs requested a resolution of support for the County bond
package.
Council McNeill requested a work session on zero based budgeting before the
budget process started this year.
Council Member Redmon requested that the Agenda Committee place
boards/commissions nominations on the next agenda.
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.
G. There was no further continuation of Closed Meeting under Sections 551.071-
551.086 of the Texas Open Meetings Act.
City of Demon City Council Minutes
April 20, 2004
Page 12
H. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:20 p.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON