Minutes August 3, 2004CITY OF DENTON CITY COUNCIL MINUTES
August 3, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 3, 2004 at 4:00 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Mulroy,
Redmon and Thomson.
ABSENT: Council Member Montgomery
1. The Council received a report, held a discussion and gave staff direction regarding tree
preservation regulations. (SI03-0012, Tree Preservation)
Mark Burroughs, Chair of the Council Tree Preservation Committee, stated that numerous
meetings had been held regard'rog this subject plus many meetings of the Council subcommittee.
It was necessary to achieve a balance between property owners and those interested in tree
preservation. Policy issues included agricultural exemptions; an undesirable tree list; small lot
and infill exclusion table; and applicability with platt'mg and gas wells (new issue). After review
with the Subcommittee Chair, the recommendation of the Committee was to remove the
agricultural exemption. Agricultural properties could seek relief through the process or could
seek rezoning to a "rural" zoning designation.
Council Member Montgomery arrived at the meeting.
Burroughs stated that the subcommittee was recommending to reduce the standards for
undesirable trees and to change the designation to secondary trees or secondary tier trees. The
committee recommended a small lot and irrfill exclusion table. The subcommittee did not reach
consensus on applicability of the proposed regulations to non-residential projects with an active
preliminary or final plat. The question was whether the projects with an active preliminary or
fmal plat were subject to the regulations or were the regulations applied at the time of a building
permit application.
Larry Reichhart, Assistant Director for Planning and Development, reviewed the policy issues
that were before the council.
Council discussion included:
A definition of pre-construction design versus the permit process.
A projected time frame for development from start to finish.
Consider a non-activity clause for infrastructure started on a development but no progress
for a certain time period.
The intent was not to assist people trying to avoid the regulations but to consider those
who had already made a sizeable financial investment.
The development of a secondary list for trees with mitigation ratios for those types of
trees.
Refine the recommended tree list (page 14 of the ordinance).
Continue to reevaluate the final ordinance on a regular basis such as every 6 months.
City of Denton City Council Minutes
August 3, 2004
Page 2
Staff would review the suggestions made and incorporate relative modifications into a revised
ordinance for Council consideration. Those recommendations included:
The agricultural exemption would be eliminated
An undesirable tree list would be developed
The small lot table would stay with a second tier tree list included
The development of a non-activity clause versus a platting clause
Trees would be mitigated 1-1 for gas wells in flood plains
ESA trees/non-ESA trees - save more ESA trees that would be credited towards
mitigation.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of August 3, 2004.
The City Council attended a reception for Board and Commission members at 5:00 p.m. in the
Council Work Session Room at City Hall. The City Council then convened in the Council
Chambers at 6:00 p.m.
1. The Council considered approval of a resolution of appreciation for retiring
Board/Commission members.
Montgomery motioned, McNeill seconded to approve the resolution. On roll vote, Kamp "aye",
MeNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
2. Oath of Office for New Board Members
City Secretary Jennifer Walters administered the Oath of Office to the new and continuing board
and commission members.
Regular Meeting of the City of Denton City Council on Tuesday, August 3, 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
There were no proclamations/awards for this meeting.
B. Recognition of staff accomplishments
City Manager Conduffpresented staff accomplishments to the Council.
City of Denton City Council Minutes
August 3, 2004
Page 3
3. CITIZEN REPORTS
A. Council received citizen reports from the following:
1. Troy Nivens, Denton Police Officers Association, regarding upcoming police
department budget and equipment concerns.
Officer Nivens stated that the DPOA authorized a public comment regarding coneems related to
salaries, manpower and equipment. The salary for Denton police officers was no longer
competitive with area cities. The members of the DPOA were appreciative of the 3% across the
board increase recently granted all city employees. The City was also short with staffing levels
compared with citizen population. Vehicles were also a concern as many were aged. These
concerns were not presented in a negative light but were a way to communicate concerns with
the City Council.
2. Dessie Goodson regarding "responsibility".
Ms. Goodson stated that she had requested copies of ordinances but had not received the correct
ordinances. The Council did not abide its own rules. It applauded during the Council meeting,
which was in conflict with the rules of procedures.
4. CONSENTAGENDA
Kamp motioned, Thomson 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.
2004-215 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of refuse bags; providing for the expenditure of funds
therefor; and provid'mg an effective date (Bid 3170 - Annual Contract for Semi-
Transparent and Transparent Refuse Bags awarded to the lowest responsible
bidder for each item in the estimated amount of $70,000).
2004-216 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of PVC electrical fittings and accessories; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3179 -
PVC Electrical Fittings and Accessories awarded to Techline in the estimated
amount of $293,407.31).
2004-217 -An ord'mance awarding a contract for the purchase of Cisco hardware,
software and peripherals supporting high speed communications connectivity over
the City of Denton network for voice and data services as awarded by the State of
Texas Building and Procurement Commission through the Catalog Information
Service Vendor (CISV) Catalog Program; providing for the expenditure of funds
therefor; and provid'mg an effective date (File 3199 - Purchase of Cisco Hardware
and Software for Teleworks System awarded to InterNetwork Experts in the
amount of $47,543).
City of Denton City Council Minutes
August 3, 2004
Page 4
2004-218 - An ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the City of Plano, Texas under
Section 271.102 of the Local Government Code, to authorize participation in
various City of Plano contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File
3200 - Interlocal Agreement with the City of Plano, Texas).
2004-219 - An ordinance accepting competitive bids by way of an Inteflocal
Cooperative Purchasing Program Participation Agreement with the City of Plano
under Section 271.102 of the Local Government Code, for the purchase of
irrigation equipment; providing for the expenditure of funds therefor; and
providing an effective date (File 3191 - Intarlocal Agreement for Irrigation
Equipment with the City of Plano, contract awarded to Interspec, LLC in the
estimated amount of $26,000).
2004-220 - An ordinance accepting competitive bids and awarding a contract for
the purchase of a hydraulic excavator for the Electric Distribution Department;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3188 - Hydraulic Excavator 40 HP Class awarded to Continental Equipment
Company L.P. in the amount of $33,131.68).
Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
,1 Alcoa~Wheel;I}igtfibutioh~cent? ~DCADS..U. Pplemental'I:: .2003 $}6769,11]
2. Countrywide/Scott Olson Dup_licate Payment 2003 604.84
3': ,Humphrey'.H6sPit~i;~lS)PSi~?:~i:5~. ~DC~ S~pple~mental W ~003 ~:~.~ }. 783.93']
4. Robson Ranch HOA DCAD Supplemental 2003 1012.30
Change
6. Title Resources , Ove~ayment 2003 1098.21
~, ~/~:~i;:?t;: ~l~fipli~te
8. Washington Mutual/Brian & Duplicate Payment 2003 713.95
Cynthia Carlisle
R2004-037 - A resolution approving the financing by the HFDC of Central Texas,
Inc. of a health facility located within the City of Denton, Texas; providing an
effective date.
2004-221 - An ord'mance of the City of Denton, Texas prohibiting parking during
certain hours on the east side of Newton Street beginning 461 feet north of its
intersection with Morse Street and continuing north to a point approximately 856
feet north of the intersection; providing a sav'mgs clause; providing a severability
clause; providing a penalty not to exceed two hundred dollars; and declaring an
effective date.
City of Denton City Council Minutes
August 3, 2004
Page 5
2004-222 - An ordinance of the City of Denton, Texas prohibiting parking during
certain hours on the both sides of Sun Valley Drive from its intersection with
Stuart Road east for a distance of approximately 125 feet; providing a savings
clause; providing a severability clause; providing a penalty not to exceed two
hundred dollars; and declaring an effective date.
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2004-223 - An ordinance authorizing the City Manager or his designee to execute
an Encroachment Agreement to allow the installation of a monument sign within
an existing City of Denton Public Utility Easement located adjacent to Lillian
Miller Parkway just North of Wind River Road, said tract being described as a
0.0003 acres of land situated in the John McGowan Survey Abstract No. 797, in
the City of Denton, Denton County, Texas, being part of a Lot 1, Block A of
Wind River Estates Phase 1, an Addition to the City of Denton, Denton County,
Texas, according to the Plat thereof recorded in Cabinet O, Slide 27, Plat Records,
Denton County, Texas, and providing an effective date.
Confirmed the re-appointment by the City Manager of Dr. Tory Cacti to the Civil
Service Commission.
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Approved appointments to the following boards and commissions:
2.
3.
4.
5.
Airport Advisory Board
Community Development Advisory Committee
Human Services Advisory Committee
Library Board
Traffic Safety Commission
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
approving an Interlocal Cooperation Agreement between the City of Denton and the Denton
County Transportation Authority providing LINK Operations Funding Assistance for September
2004, and providing an effective date.
Mark Nelson, Director of Airport and Transportation, stated that the agreement would assist with
potential shortfall for September. TxDot was no longer providing grant funding since the
approval of the Denton County Transportation Authority.
The following ord'mance was considered:
NO. 2004-224
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON COUNTY TRANSPORTATION AUTHORITY PROVIDING
LINK OPERATIONS FUNDING ASSISTANCE FOR SEPTEMBER 2004, AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 3, 2004
Page 6
Mulroy 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 carded unanimously.
B. The Council considered approval of a resolution authorizing the City Council to
appoint a Special Citizens Advisory Committee for the Capital Improvement Program; and
declaring an effective date.
Kathy DuBose, Assistant City Manager, presented the details of the resolution and the
procedures to follow.
The following resolution was considered:
NO. R2004-038
A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL
CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT
PROGRAM; AND DECLARING AN EFFECTIVE DATE.
Mulroy 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 appointments to a special Citizens Advisory Committee
to study capital improvement needs for projects to be included in a February 2005 bond election
and discuss the charge for the committee.
After discussion, Council determined that members would submit wording suggestions for the
committee charge to the Agenda Committee to draft the wording.
Council Members appointed the following individuals to the Committee:
Council Member Kamp
Phil Gallivan
Pat Gobble
Charlye Heggins
Maureen Jamail
Randy Robinson
Martha Len Nelson
Bob Sherman
Council Member McNeill
Jo Kulm
Scott Ball
Polly Diebel
Richard Huckabee
City of Denton City Council Minutes
August 3, 2004
Page 7
Gus Seligmann
Roni Beasley
Alan Nelson
Council Member Montgomery
Marge Durrance
David Weir
Phil Young
Bob Hunt
Council Member Mulroy
Curtis Martin
Jim Kirkpatriek
Stacy Huckabay
Ellen Fuller
Mary Behrens
Shannon Smith
Charlice Kruger
Council Member Redmon did not have any appointments at this meeting.
Council Member Thomson
Karen Devinney
Gary Hayden
Jennifer Siegfried
Marv'm Crabb
Patrice Lyke
John Johnson
Bill Cheek
Mayor Brock
Jerry Mohelnitzky
Dave Kimble
David Biles
Debbie Johnson
Mayor Brock nominated Mark Burroughs as Chair of the CIP Blue Ribbon Committee.
McNeill motioned, Montgomery seconded to approve the names of the individuals appointed to
the committee and the nomination for chair of the committee. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carded unanimously.
City of Denton City Council Minutes
August 3, 2004
Page 8
D. The Council considered nominations/appointments to the City's Boards and
Commissions.
Mayor Brock announced the appointment of Jeanie Chilton and Calvin Evans to the Denton
Housing Authority.
Mayor Brock nominated Bob Bland to the Public Utilities Board.
E. New Business
There was no New Business suggested by Council for future agendas.
F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduit did not have items for Council.
G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meefmgs Act.
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 7:11 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS