Minutes June 1, 2004CITY OF DENTON CITY COUNCIL M1NUTES
June 1, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 1, 2004 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery,
Mulroy, Redmon and Thomson.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding a
Drainage Pro Rata ordinance.
Charles Fiedler, Director of Engineering, presented the staff report. The Development Code
required construction of drainage improvements large enough to carry a 100-year storm based on
developed upstream conditions. Currently there was no mechanism to reimburse a developer for
the oversize required for the additional costs associated with either upsizing drainage structures
to provide for future upstream development or downstream drainage improvements across an
adjacent property. Staff research indicated that other cities handled this situation with a
mechanism using pro-rata agreements, similar to the agreements currently used for water and
sewer line extensions. The proposed ordinance addressed upstream development situations and
provided a mechanism for a developer to recover the costs associated with oversized drainage
improvements that exceeded what was needed for his specific development. To recover the
administration costs of the agreements, the proposed ordinance included a fee of $2,500 or 1% of
the over sizing costs, whichever was greater. That amount would be deducted from the payment
with the pro rata available for 20 years.
Council discussion included:
· Estimates would depend on how the property was developed - residential/commercial.
· Drainage could possibly be a factor in future zoning.
· A long-term repayment option was included in the ordinance to accommodate future
development.
· Were other cities charging administrative fees for pro rata agreements?
· Council approval would be needed for all pro rata agreements.
· Start with direct costs or 1% whichever would be greater instead of a flat fee for the first
few years to see how development costs would actually occur.
Consensus of Council was to proceed with the ordinance with options for the fee and options for
indemnification when the bill became due.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the regular meeting of June 1, 2004.
1. Council considered the following in Closed Meeting:
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney - Under TEXAS
GOVERNMENT CODE Section 551.071.
City of Denton City Council Minutes
June 1, 2004
Page 2
Deliberated the purchase and value of real property interests for Denton
Municipal Landfill expansion purposes in the Gideon Walker Survey,
Abstract Number 1330, and being an approximate 3.6469 acre tract
located at 1481 South Mayhill Road, Denton, Texas; which acquisition
was for a public purpose. Received legal advice from the City Attorney or
his staff concerning legal issues regarding the acquisition and/or
condemnation of such real property interests.
Regular Meeting of the City of Denton City Council on Tuesday, June 1, 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 a proclamation for the University of North Texas Public Administration
Program.
B. Resolutions of Appreciation
The Council considered approval of a Resolution of Appreciation for
Jeanette Scott.
Montgomery motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to Council.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
1. Aron Frydberg regarding the sign ordinance.
Mr. Frydberg was not present at the meeting.
2. A representative of the "Neighbors of TWU" regarding TWU.
City of Denton City Council Minutes
June 1, 2004
Page 3
Militza Bishop expressed concern for the proposed apartment development by TWU. The
neighbors were concerned with traffic, parking, flooding, property values, rental market, utility
capacity, and gas wells. They asked for a city resolution in support for the neighbor's concerns.
3. Dessie Goodson regarding responsibility.
Ms. Goodson was not present at the meeting.
4. Chris Williams regarding the ethics policy and the delinquent tax fee.
Mr. Williams was not present at the meeting.
5. Willie Hudspeth regarding minority hiring and the tree ordinance.
Mr. Hudspeth again commented on the fact that there were no African-American fire fighters in
the City of Denton. He had researched the hiring practices of the City since the current City
Manager had been hired. He felt that the City had poor hiring practices for African-Americans.
6. Peternia Washington regarding life, liberty, and the pursuit of happiness.
Ms. Washington made comments regarding taxation without representation and segregation. She
commented that there were no African-American fire fighters in the City of Denton.
4. CONSENT AGENDA
Kamp motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
2004-158 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Traffic Signals for the City of Denton Traffic
Division; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3162 - Annual Contract for Traffic Signals awarded to the
lowest responsible bidder for each item in the estimated amount of $175,000).
Approved a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system at Fred Moore Park during
the Juneteenth Celebration on June 18, 2004, from 6:00 p.m. until 11:00 p.m. and
on Saturday from 11:00 a.m. until 12:00 p.m. The request was for an exception to
the hours of operation.
Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
I ~ M ~ag~ ~g ~up~ at Payment g 08
~emry Rachel
2. ABN AMRO Moffgage/Mayes, James Duplicate Payment 2003 722.08
& Kerri
City of Denton City Council Minutes
June 1, 2004
Page 4
Tax
Name Reason Amount
Year
~ d M ~ag~Iqab S~ ~ up~ at Payment g
4. Chase/Caswell, David & Albe~a Duplicate Payment 2003 942.61
~h~~ ~ g~l~at eay~nt ~0~ ~
6. Chase~ouser, Grace & Claudia Duplicate Payment 2003 579.51
Coleman
~ha ~ ~g up!~ g Payment g 0~!
8. Citimoffgage/Voight, Robeff K. Duplicate Payment 2003 548.72
10. Countywide/Cox, ~ndall J Duplicate Payment 2003 3286.87
12. Countwwide/Fuller, Daniel W. Duplicate Payment 2003 1776.56
14. Countwwide/McCo~ack, Kelly C & Duplicate Payment 2003 1386.54
Cecelia
16. Count~wide/Sanchez, Godeleva Duplicate Payment 2003 1291.36
18. Count~wide/Fogaay, Michael J & Sally Duplicate Payment 2003 1290.12
B
20. Countwwide/King, Jeffrey P Duplicate Payment 2003 1216.31
22. Countrywide/Smith, Billy E Jr Duplicate Payment 2003 1148.43
ia~ag~ ~ ~ ~ ~Pli at Payment
24. Countrywide/Engler, Dennis D & Molly Duplicate Payment 2003 1112.37
26. Countywide/Brooks, Jason C Duplicate Payment 2003 1083.35
28. Count~wide/Dieringer, Katherine Duplicate Payment 2003 1050.41
30. Count~wide~illiams, John L Duplicate Payment 2003 1028.46
32. Countywide/Price, Carol A Duplicate Payment 2003 1007.38
34. Countrywide/Meyer, LaiTy T & Phyllis Duplicate Payment 2003 986.37
i de/Bak ~ ~!ifford ~!i~at Pay~ ~nt ~0~ ~8~ 6~
36. Countrywide/Durodoye, Beth A Duplicate Payment 2003 965.17
~rh~ lVl~g~awi Iq ~Pliat~P~ ~nt ~0~ ~8~
38. Everhome Mortgage/Godwin, Charles N Duplicate Payment 2002 602.95
40. Ohio Savings Bank/Hollar, Randy & Duplicate Payment 2003 1270.37
Cynthia
i P~ip~R~ianti~ ~liat P~y nt ~0~ 0~
42. Principal Residential/Lerma, Andrea & Duplicate Payment 2003 516.75
Juan
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June 1, 2004
Page 5
Tax
Name Reason Amount
Year
M rri~
44. Wynne Jackson Lakes Dev LP Duplicate Payment 2003 1094.87
W~ ~ck~ ak~ ~Pli at~ ~ay~nt i
R2004-027 - A resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
2004-159 - An ordinance approving a Real Estate Contract between the City of
Denton, Texas and Ronald Brown, Terry L. Brown, Wanda Nell Harris AKA
Wanda N. Donato, Kenneth Hues Howell, Katrina Kay Howell Rich, Kendra Gail
Howell Harper, and Robert Keith Good, and an Amendment to extend the closing
date, for the purchase of approximately 3.6469 acres of land for the expansion of
Denton Municipal Landfill facilities; said real property being adjacent to the
City's existing Landfill and situated in the Gideon Walker Survey, Abstract No.
1330, in the City of Denton, Denton County, Texas; authorizing the expenditure
of funds therefore; and providing an effective date.
R2004-028 - A resolution authorizing the City Manager or his designee to execute
a Quit Claim Deed, and any other documents necessary to convey approximately
0.573 acres to Hickory Creek (Denton) Homeowners' Association, Inc., said
0.573 acres being a tract of land situated in the S. A. Venters Survey, Abstract No.
1315, in the City of Denton, Denton County, Texas, and being a part of Block A,
Lot 4, of Hickory Creek Ranch, Phase 2, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page
241 of the Plat Records of Denton County, Texas, and providing an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 1.8 acres from Employment Center Industrial (EC-I) zoning district to
Employment Center Commercial Downtown (EC-C) zoning district. The property was located
on the southeast corner of Mayhill Road and University Drive. The Planning and Zoning
Commission recommended approval (7-0). (Z04-0015, Racetrac).
Larry Reichhart, Assistant Director for Planning and Development, presented the details of the
proposal. The current zoning would not allow for retail sales other than a gas station on the site.
The Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
June 1, 2004
Page 6
NO. 2004-160
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A
ZONING CHANGE FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING
DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
1.8 ACRES OF LAND LOCATED ON THE EAST SIDE OF MAYHILL ROAD, ON
THE SOUTH SIDE OF UNIVERSITY DRIVE, AND APPROXIMATELY 1,500 FEET
NORTH OF BLAGG ROAD IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z04-0015)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "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 Council of the
City of Denton approving a license agreement between the City of Denton, Texas and the Girl
Scouts Cross Timbers Council pertaining to the continued use of a building located within Civic
Center Park; and providing an effective date.
Janet Simpson, Director of Parks and Recreation, stated that the Girl Scouts Cross Timbers
Council had a building located on park property. The license agreement would allow the group
to continue to use the building in Civic Center Park. The agreement would formalize the
relationship that the Girl Scouts and the City had had for a number of years.
The following ordinance was considered:
NO. 2004-161
AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF DENTON
APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND THE GIRL SCOUTS CROSS TIMBERS COUNCIL PERTAINING TO
THE CONTINUED USE OF A BUILDING LOCATED WITHIN CIVIC CENTER
PARK; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a
project application with the North Central Texas Council of Governments (NCTCOG) for a
regional solid waste program local project; authorizing the City Manager, or his designee, to act
on behalf of the City of Denton in all matters related to the application; and pledging that if a
City of Denton City Council Minutes
June 1, 2004
Page 7
project is received, the City of Denton will comply with the project requirements of the
NCTCOG, the Texas Commission on Environmental Quality and the State of Texas; and
providing an effective date.
Capitan Joanie Housewright, Denton Police Department, stated that this resolution would
authorize an application for a grant for a regional solid waste program local project. This would
be an interactive educational program for students plus written material in English and Spanish.
The following resolution was considered:
NO. R2004-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED
REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL
SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF
DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING
THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY
WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS;
AND PROVIDING AN EFFECTIVE DATE.
Montgomery motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. The Council considered approval of a resolution supporting the contract between
the Denton Chamber of Commerce and Applied Behavioral Science and indicating its intention
to approve the applicable funding to perform an image and branding survey as recommended by
the Economic Development Partnership Board and Image and Marketing Task Force.
City Manager Conduff stated that this proposal came from the Economic Development
Partnership Board Image and Marketing Task Force.
Jerry Mohelnitzky, Denton Chamber of Commerce, spoke in support of the proposal.
The following resolution was considered:
NO. R2002-030
A RESOLUTION SUPPORTING THE CONTRACT BETWEEN THE DENTON
CHAMBER OF COMMERCE AND APPLIED BEHAVIORAL SCIENCE AND
INDICATING ITS INTENTION TO APPROVE THE APPLICABLE FUNDING TO
PERFORM AN IMAGE AND BRANDING SURVEY AS RECOMMENDED BY THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD AND IMAGE AND
MARKETING TASK FORCE; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 1, 2004
Page 8
Kamp motioned, McNeill seconded to approve the resolution with the understanding that the
Economic Development Partnership Board totally supported the resolution. On roll vote, Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to pay to Krum, Texas the sum of $155,244 for Denton's
obligation respecting the oversizing of sewer lines, as provided for in that certain "Interlocal
Cooperation Agreement by and between the City of Denton, Texas and the City of Krum, Texas
pertaining to the design and construction by Krum and oversize cost participation by Denton for
the Krum gravity flow wastewater main"; authorizing the expenditure of funds therefor; and
providing an effective date.
P. S. Arora, Assistant Director of Wastewater Utilities, presented an overview of the proposal. A
key component of the proposal was to construct a sewer line from Krum to Denton to be
designed and constructed by Krum at Krum's expense. The project was well within budget and
complied with the TCEQ requirements without overloading the wastewater plant.
The following ordinance was considered:
NO. 2004-162
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO PAY TO KRUM, TEXAS THE SUM OF $155,244 FOR DENTON'S
OBLIGATION RESPECTING THE OVERSIZING OF SEWER L1NES, AS
PROVIDED FOR IN THAT CERTAIN "INTERLOCAL COOPERATION
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE
CITY OF KRUM, TEXAS PERTAINING TO THE DESIGN AND CONSTRUCTION
BY KRUM AND OVERSIZE COST PARTICIPATION BY DENTON FOR THE
KRUM GRAVITY FLOW WASTEWATER MAIN"; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
E. The Council considered approval of a resolution authorizing the City Manager or
his designee to approve a Right of Way Use Agreement, to allow public art and other
improvements to be located in the City right of way at the northeast corner of Carroll Boulevard
and Oak Street as part of the Carroll Addition, Lots 1 and 2, Block A, an addition to the City of
Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Page 106 of
the Plat Records of Denton County, Texas, and providing an effective date.
Paul Williamson, Real Estate Manager, stated that the applicant would like to place landscaping
and public art on the site. There would be no problems with traffic site lines. The public art
would be a rendering of an eagle perched on top of a tree.
City of Denton City Council Minutes
June 1, 2004
Page 9
Council discussed whether the public art could change from the current proposal and expressed a
concern for the safety of the intersection.
The following resolution was considered:
NO. R2004-031
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPROVE A RIGHT OF WAY USE AGREEMENT, TO ALLOW PUBLIC ART AND
OTHER IMPROVEMENTS TO BE LOCATED IN THE CITY RIGHT OF WAY AT
THE NORTHEAST CORNER OF CARROLL BOULEVARD AND OAK STREET AS
PART OF THE CARROLL ADDITION, LOTS 1 AND 2, BLOCK A, AN ADDITION
TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE
PLAT THEREOF RECORDED IN CAB1NET V, PAGE 106 OF THE PLAT RECORDS
OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
Montgomery motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
F. New Business
There were no items of New Business suggested by Council.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
The City Manager did not have any items for Council.
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
The Closed Meeting was not continued.
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 7:35 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS