Minutes December 6, 2005
CITY OF DENTON CITY COUNCIL MINUTES
December 6, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 6, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Mulroy, and Thomson.
ABSENT: Council Member Montgomery
1. The Council received a report, held a discussion and gave staff direction regarding
Collection Services Request for Proposals for Municipal Court.
Tom Josey, Municipal Court Administrator, reviewed the current process for collection services.
A warrant was issued when the defendant failed to appear or failed to pay. Currently there were
5,000 active warrants to send to a collection service. The current warrant process utilized police
only to resolve open cases, a statute allowed the city to contract with a vendor for collection
services. The State Office of Court Administration was asking all courts to develop a collection
plan. The request for proposal would be used to discover services available in the collection
market. No city money would be spent for the collection services, as the fee would be collected
from the defendant.
Council discussion included:
The proposal would not cost the city money, as the service fee would be paid by the
defendant.
The City could determine its own cutoff point for collection of a warrant.
A short time period to collect the warrants was favorable.
There should be a broad choice of participants in the RFP process.
The process would be balanced between in-house staff and a vendor.
Consensus of Council was to proceed with the RFP as proposed.
2. The Council received a report, held a discussion and gave staff direction regarding Small
Cities Emergency Medical Services (EMS) Interlocal agreements and Fire and EMS agreements
with Denton County.
Ross Chadwick, Fire Chief, reviewed the small cities ambulance, EMS and fire contracts with
the County. He reviewed the history of the small cities emergency ambulance interlocal
agreement. Currently Denton only provided service to the City of Sanger. Choices were to
charge a rate for full cost recovery, charge a rate between $20 and a full cost recovery, or get out
of the contract EMS business to other jurisdictions. The staff proposal was to continue to
provide EMS services to small cities at $22 per capita in 2006-07.
Council discussion -
If Denton stopped providing service to Sanger, would it reduce the city?s costs ?
Chadwick replied no that the contract was only paying a portion of the ambulance costs.
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December 6, 2005
Page 2
With the proposed annexation in north Denton, would there be adequate ambulance
service for Sanger and the annexed area ? Chadwick replied yes plus the city was already
providing some services in the Mayhill/Cooper Creek service area.
Consensus of Council was to proceed with the small cities EMS agreements as presented.
Chadwick continued with Denton County EMS funding. He reviewed the readiness-population
statistics proposed by the County, the number of ambulance runs and the rural square miles
involved in the funding formula. Current concerns associated with the county funding
arrangement included the fact that the county directly benefited on the cost of service, the costs
continued to rise with little county increase in funding, city residents subsidized county funding
for services they didn?t receive, there was a delay in the contract process and the agreement was
always a year behind. Staff proposed to continue to provide contracted EMS services to Denton
County with the City providing annual budget input to the county.
In terms of the County fire contract, current concerns dealt with the county directly benefiting on
the cost of service, the costs continued to rise with little county increase in funding, and city
residents subsidized county funding for services they didn?t receive. Staff proposed to continue
to provide contracted fire services to Denton County with the city providing annual budget input
to county.
3. There were no Council requests for clarification of consent agenda items listed on the
consent agenda for December 6, 2005.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney ? Under Texas Government Code Section §551.071.
1. Considered and discussed status of litigation styled
Denton Firefighters
, Cause No. 2005-30380-211,
Relief & Retirement Fund v. City of Denton
currently pending in the 211th District Court of Denton County, Texas.
2. Received, discussed, and gave staff direction regarding, a briefing from
the City?s attorneys relating to new legislation (HB 304), including legal
advice relating to the City?s duties and obligations under these laws and
strategies for implementation, as well as legal advice specific to the
petition for recognition recently filed by the Denton Police Association.
3. Consultation with the City?s attorneys regarding legal issues associated
with annexation of real property in the City?s northern ETJ, under
annexation case no. A05-0002, along with other legal issues related to the
annexation, including zoning, land use and subdivision controls,
annexation plans, development agreements, annexation agreements,
service plans, utility service, and legal issues implicated by alternative
proposals advanced by individuals owning property within the proposed
annexation area. A public discussion of these legal matters would conflict
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December 6, 2005
Page 3
with the duty of the City?s attorneys to the 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 administrative
proceedings or potential litigation.
B. Personnel Matters ? Under Texas Government Code §551.074.
1. Deliberated the evaluation, employment, reassignment, and appointment
of an Interim City Manager and future City Manager.
Regular Meeting of the City of Denton City Council on Tuesday, December 6, 2005 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 Police Appreciation Day.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Mulroy
?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
A. R2005-050 - A resolution to declare intent to reimburse expenditures from the
Motor Pool with Certificates of Obligation so that vehicles approved in the 2005-
06 Budget, more fully described in the attachment to this Resolution, may be
purchased; and providing an effective date.
B. 2005-354 - An ordinance authorizing the City Manager of the City of Denton,
Texas to execute a Local Participation Advanced Funding Agreement for an off-
system project related to the implementation of the proposed pedestrian
improvements through Unicorn Lake/Sundown Ranch Project in the City of
Denton; authorizing the expenditure of funds therefor; and providing an effective
date.
City of Denton City Council Minutes
December 6, 2005
Page 4
C. 2005-355 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (HGAC) for the acquisition of four 2006 Ford
Expeditions for the City of Denton Police Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3418 ?
Interlocal Agreement for Four 2006 Ford Expeditions with HGAC awarded to
Philpott Ford in the amount of $94,264).
D. 2005-356 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of
eleven police sedans; providing for the expenditure of funds therefor; and
providing an effective date (File 3423 ? Interlocal Agreement for Police Sedans
with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of
$257,073.85).
E. 2005-357 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of Promotional
Commercials from Comcast Advertising, Denton, Texas, pertaining to Denton
Municipal Electric, which are 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 3434 ? Comcast Advertising in the amount of
$48,360). The Public Utility Board recommended approval (5-0).
F. 2005-358 - An ordinance awarding an annual contract for the purchase of a CASE
590 Loader/Backhoe for the City of Denton Street Department, as awarded by the
State of Texas Building and Procurement Commission; providing for the
expenditure of funds therefor; and providing an effective date (File 3424 to Future
Equipment in the amount of $74,333).
G. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1.Denton Assisted Living LP DCAD Supplemental Change 2003$3,285.94
2. Denton Loop 288 LP DCAD Supplemental Change 2004 $1,046.80
3.Denton Loop 288 LP DCAD Supplemental Change 2004$ 966.38
4.Washington Mutual/Mills, Overpayment 2003$ 642.86
Donald & Amber
5.Corral Group Inc DCAD Supplemental Change 2003$ 635.15
6.Corral Group Inc DCAD Supplemental Change 2003$ 620.82
H. 2005-359 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Ambulance Agreement between the City of
Denton and Denton County for ambulance services; and declaring an effective
date.
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December 6, 2005
Page 5
I. 2005-360 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Fire Protection agreement between the City of
Denton and Denton County for fire protection services; and declaring an effective
date.
J. 2005-361 - An ordinance approving an Interlocal Ambulance Agreement between
the City of Denton and the City of Sanger for ambulance services; and declaring
an effective date.
K. 2005-362 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Festival Foundation to support the 2006
Arts and Jazzfest; providing for the expenditure of funds therefor; and providing
for an effective date.
L. Approved the minutes of:
September 6, 2005
September 7, 2005
September 13, 2005
September 20, 2005
October 3, 2005
October 4, 2005
M. 2005-363 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement with Fletcher & Springer,
LLP, for professional legal services relating to litigation styled
Denton
Cause No. 2005-30380-
Firefighters Relief & Retirement Fund v. City of Denton,
th
211, currently pending in the 211 District Court of Denton County, Texas;
authorizing the expenditure of funds not exceeding thirty-five thousand dollars
($35,000) therefor; and providing an effective date
N. 2005-364 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a contract for professional legal services with Terry Morgan
& Associates, P.C., for professional legal services relating to issues and
anticipated litigation surrounding the annexation in the northern part of the City of
Denton; authorizing the expenditure of funds not exceeding thirty thousand
dollars ($30,000) therefor; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a financial institution development on
approximately 0.828 acres. The subject property was generally located on the southeast corner
of Wind River Lane and Unicorn Lake Blvd. intersection. The property was located in a
Regional Center Commercial Downtown (RCC-D) zoning district. The purpose of the
Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the
Development Code. The Planning and Zoning Commission recommended approval (7-0).
(ADP05-0007, Washington Federal Savings)
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December 6, 2005
Page 6
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal,
which was to develop a bank on the site. The developer was requesting to deviate from the site
design standards concerning the location and number of parking spaces and the location of street
trees. The proposal would allow 17 parking spaces in front of the building where no spaces were
allowed and alternative locations for the required street trees. Mitigation would be provided by
additional landscaped areas (39% where 10% was required) and 29% canopy coverage where
20% was required. Three five-foot sidewalks would be provided from the street to the bank in
order to create a pedestrian environment.
The Mayor opened the public hearing.
Brendon O?Leary, representing the developer, stated that he was available to answer any Council
questions.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-365
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.828 ACRES OF
LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WIND RIVER
LANE AND UNICORN LAKE BLVD.; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-0007)
McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a proposed retail and office development on
approximately 25 acres. The subject property was generally located on the northwest corner of
University Drive and Old North Road intersection. The property was located in a Neighborhood
Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G)
zoning district. The purpose of the Alternative Development Plan was to deviate from the
requirements of Subchapter 13 of the Development Code. The Planning and Zoning
Commission recommended approval with conditions (7-0).
(ADP05-0008, The Shops at Old
North)
Kelly Carpenter, Director of Planning and Development, stated that the applicant was proposing
to deviate from the site design standards concerning parking areas located in front of the
building. The Planning and Zoning Commission recommended that a three-foot high berm be
added outside the eight-foot easement area. Staff supported that recommendation. The applicant
was asking for two rows of parking between University and the buildings.
Council discussed the fact that there was an incomplete site plan associated with the alternative
development plan. The Legal Department indicated that Council could deny the proposal or
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December 6, 2005
Page 7
remand back to the Planning and Zoning Commission with direction to prepare a complete site
plan.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Steve Schattner, representing the developer, spoke in favor.
Council discussed with Mr. Schattner:
The developer wanted to submit the proposal as a total package and not piece meal but
was discouraged by staff to do so.
The development appeared to be at a critical path point of view and the incomplete site
plan was not helping the developer.
Would delaying approval cause problems for the development - Schattner stated that he
already had a contract ready to sign depending on approval of the ADP.
No one was objecting to the proposal but the issue was a matter of completeness.
The Mayor closed the public hearing.
Mulroy motioned, Thomson seconded to remand the proposal back to the Planning and Zoning
Commission requesting a full site plan. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?,
Mulroy ?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 of Ordinances of the City of Denton,
Texas related to tree canopy requirements in the Industrial Center (IC-E) and Industrial Center
General (IC-G) zoning districts. The Planning and Zoning Commission recommended approval
(6-0).
(DCA05-0009, Amendment to Tree Canopy Requirements)
Kelly Carpenter, Director of Planning and Development, stated that this issue arose as a result of
two recently approved alternative landscape plans for warehouses. The Planning and Zoning
Commission and staff discussed the current regulations and did not recommend any changes to
the Employment Center requirements. In the Industrial Centers, it was recommended to amend
the IC-E and IC-G percent tree canopy cover in the Landscape and Tree Canopy Requirements
Table from 20% to 15%.
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. 2005-366
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF A TABLE CONTAINED WITHIN SUBSECTION 35.13.7.B OF THE DENTON
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December 6, 2005
Page 8
DEVELOPMENT CODE, TO REDUCE THE REQUIRED PERCENTAGE OF TREE
CANOPY COVERAGE IN THE INDUSTRIAL CENTERS EMPLOYMENT (IC-E)
AND INDUSTRIAL CENTERS GENERAL (IC-G) ZONING DISTRICTS FROM 20%
TO 15%; PROVIDING A MAXIMUM PENALTY OF $2000.00 FOR VIOLATIONS
THEREOF; PROVIDING FOR A SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE. (DCA05-0009)
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
concerning the rezoning of approximately 2.85 acres from a Planned Development-139 (PD-139)
zoning district to Neighborhood Residential Mixed Use (NRMU) district. The property was
generally located on the south side of Vintage and 1,700 feet west of Bonnie Brae. The Planning
and Zoning Commission recommended approval (6-0).
(Z05-0023, Denton Fire Station #7)
Kelly Carpenter, Director of Planning and Development, stated that the proposal was for a fire
station to be built on the site. The Planned Development 130 did not anticipate a fire station and
needed to be rezoned to Neighborhood Residential Mixed Use in order to accommodate the fire
station.
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. 2005-367
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM PLANNED DEVELOPMENT-139 (PD-139) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) FOR APPROXIMATELY 2.85 ACRES OF
LAND GENERALLY LOCATED APPROXIMATELY 1,700 FEET WEST OF
BONNIE BRAE ON THE SOUTH SIDE OF VINTAGE BOULEVARD; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0023)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
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December 6, 2005
Page 9
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, replacing a policy for tax abatement for the City of Denton to establish
guidelines and criteria governing tax abatement agreements; and declaring an effective date.
Economic Development Partnership Board recommended approval (4-0).
Linda Ratliff, Economic Development Director, stated that every two years the City needed to
renew its tax abatement policy. This proposed policy cleaned up some of the language, deleting
language references to the County and included references to the Economic Development Board.
It also included the condition that an applicant receive an additional consideration if the project
were a medical manufacturing or research facility, The definition of a business park was added
and language referring to the applicant?s ability to transfer or assign the tax abatement agreement
was removed.
The following resolution was considered:
NO. R2005-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS; AND DECLARING AN EFFECTIVE DATE
McNeill motioned, Heggins seconded to approve the resolution as presented. On roll vote,
Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock
?aye?. Motion carried unanimously.
B. The Council considered adoption of an ordinance providing for the appointment
of an interim City Manager; and providing an effective date.
Mayor Pro Tem McNeill stated that the Council Appointee Performance Review Committee met
and evaluated the need for an interim city manager. The Committee unanimously recommended
the appointment of Howard Martin as interim city manager with the conditions described in the
ordinance.
The following ordinance was considered:
NO. 2005-368
AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF AN INTERIM CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received a citizen report from:
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December 6, 2005
Page 10
A. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth stated that the City would be having a new city manager and a new Mayor but
would still be going down the same road. That road was that there would be no African
American firefighters in the City of Denton.
D. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Thomson requested that staff look into the issues of
graffiti on stop signs and electrical boxes.
2. Council Member Thomson suggested increasing the visibility of the Plus
One Program through Denton Municipal Electric.
E. 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.
F. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
G. 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 8:04 p.m.
______________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS