Minutes June 21 ,2005
CITY OF DENTON CITY COUNCIL MINUTES
June 21, 2005
The City of Denton City Council convened in the Work: Session Room on Tuesday, June 21,
2005 at 5 :45 p.m. to attend a reception honoring City Council.
After determining that a quorum was present, the City Council convened in a Regular Meeting
on Tuesday, June 21,2005 at 6:30 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock:; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT: Council Member Redmon
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. The Council considered adoption of an ordinance canvassing the returns and declaring
the results of the Runoff Municipal Election held in the City of Denton on June 11, 2005; and
providing an effective date.
Jennifer Walters, City Secretary, presented the final figures for the election.
The following ordinance was considered:
NO. 2005-158
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE RUNOFF MUNICIPAL ELECTION HELD IN THE CITY OF
DENTON ON JUNE 11,2005; AND PROVIDING AN EFFECTIVE DATE.
Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
3. Election of Mayor Pro Tern.
Montgomery motioned, Kamp seconded to nominate Perry McNeill as Mayor Pro Tern. On roll
vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor Brock: "aye". Motion carried unanimously.
4. The Council was to consider approval of a Resolution of Appreciation for Council.
This item was not considered.
5. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/awards presented at this meeting.
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June 21, 2005
Page 2
B. June Yard-of-the-Month Awards
Mayor Brock: presented the June Yard of the Month Awards to:
Billie Suthard
Jim and Brenda Brosch
Beck:y and Joe PickJe
Joe Rozell
Don and Imogene Wier
Jeff and Cheryl Crouch - Waters mart Yard
Adams Exterminating Company - Business
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
6. CONSENT AGENDA
Mulroy motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously.
A. 2005-159 - An ordinance accepting competitive bids and awarding a two year
contract for the purchase of water meters for the City of Denton Water
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3311 - Two Year Contract for Water Meter Inventory awarded
to the lowest responsible bidder for each item in the annual estimated amount of
$100,000). The Public Utilities Board recommended approval (3-0).
B. 2005-160 - An ordinance accepting competitive bids and awarding a two year
contract for the purchase of electric meters, CTs, and meter sock:ets for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3332 - Two Year Contract for Electric Meters, CTs and
Meter Sock:ets awarded to the lowest responsible bidder for each item in the
annual estimated amount of $186,000). The Public Utilities Board recommended
approval (3-0).
C. 2005-161 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of wood utility poles for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3342 - Three Year Agreement for Wood Utility Poles awarded to the lowest
responsible bidder for each item in the annual estimated amount of $160,000).
The Public Utilities Board recommended approval (3-0).
D. 2005-162 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a contract with the Houston-Galveston Area Council of
Governments (H-GAC) for the acquisition of 35,65 and 95 gallon refuse carts for
the City of Denton Solid Waste Department by way of an Interlocal Agreement
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June 21, 2005
Page 3
with the City of Denton; and providing an effective date (File 3350 - Purchase of
Refuse Carts in the current estimated amount of $30,000). The Public Utilities
Board recommended approval (3-0).
E. 2005-163 - An ordinance to the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement between the City of Denton
and KPMG, L.L.P for independent audits; authorizing the expenditure of funds;
and providing an effective date (RFSP 3325 - Audit Services awarded to KPMG,
L.L.P in the not to exceed amount of $105,850 for 2005, $105,200 for 2006 and
$110,225 for 2007. Fees for 2008 and 2009 will be based upon the Consumer
Price Index for the Dallas Metroplex).
F. 2005-164 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a Professional Services Agreement with Sawk:o & Burroughs
LLP for professional services related to collection of delinquent taxes on behalf of
the City of Denton; authorizing the expenditure of funds therefor; and establishing
an effective date.
G. 2005-165 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of a four channel
addition to the Smartnet Radio System from Motorola, which is 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 3349 - Addition to
Smartnet Radio System in the amount of $37,526). The Public Utilities Board
recommended approval (3-0).
H. 2005-166 - An ordinance accepting competitive bids and awarding a contract for
the purchase of two Type III Transit Buses; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3336 - Type III Transit Buses
awarded to Lasseter Bus Company Inc. in the amount of$128,170).
I. 2005-167 - An ordinance of the City Council of the City of Denton, Texas
approving an Amendment to that agreement between the City of Denton and the
Denton Affordable Housing Corporation; authorizing the City Manager to execute
the Amendment and to expend funds with respect to the Amendment; and
providing for an effective date.
J. 2005-168 - An ordinance of the City of Denton, Texas terminating that certain
airport lease dated September 7,2004, by and between the City of Denton, Texas
and Denton Airport Hangars, LLC; authorizing the City Attorney or his designee
to tak:e appropriate action, if necessary, to effectuate the termination; and
providing for an effective date. The Airport Advisory Board recommended
approval (7-0).
K. This item has been pulled from consideration.
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June 21, 2005
Page 4
L. 2005-169 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton, Texas and NTDenton Leasing, Inc. on
approximately 1.033 acre of land at the Denton Municipal Airport; and providing
an effective date. The Airport Advisory Board recommended approval (7-0).
M. 2005-170 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement with United States Right of
Way Acquisition Company, Inc., for professional services pertaining to
acquisition of right-of-way real property for the City regarding the construction of
the Clear Creek: Interceptor Sewer Line; authorizing the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board
recommended approval (3-0).
N. 2005-171 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement with
R. J. Covington Consulting, LLC for consulting services relating to Task: Order
No. 05-D; providing for continued support and assistance to Denton Municipal
Electric Staff in addressing issues associated with the Texas Nodal Team Process
to Implement a Nodal Mark:et Redesign in the Texas Electric Mark:et; authorizing
the expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommended approval (3-0).
O. 2005-172 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement with
R. J. Covington Consulting, LLC for consulting services relating to Task: Order
No. 05-E; providing for continued support and assistance to Denton Municipal
Electric Staff as they address continuing changes to the electric industry as a
result of changes initiated at both the Public Utilities Commission of Texas and
the Electric Reliability Council of Texas; authorizing the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board
recommended approval (3-0).
P. 2005-173 - An ordinance of the City of Denton, Texas, amending Chapter 18 of
the Code of Ordinances by adding Section 18- 73; altering the prima facie speed
limits established for vehicles under the provision of Transportation Code,
Section 545.356, upon the following roadways or parts thereof, within the
incorporated limits of the City of Denton; providing a penalty not to exceed
$200.00 unless the violation occurs in a work: zone and then the penalty shall not
exceed $400.00; providing a severability clause; providing a repealing clause;
providing for publication; and declaring an effective date.
Q. R2005-026 - A resolution approving the fiscal year 2006 Financial Plan of the
Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter
772, as amended; and providing an effective date.
R. 2005-174 - An ordinance amending Ordinance Nos. 2004-182 and 2004-298 and
Section 2-29 of the City Code relating to Rules of Procedure for the City Council
of the City of Denton, Texas; by changing the requirements for the City Secretary
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June 21, 2005
Page 5
to k:eep minutes of meetings and certified agendas to comply with the Texas Open
Meetings Act; certain revisions regarding Council committees and repealing and
consolidating Ordinances 2004-182 and 2004-298; providing a severability
clause; and declaring an effective date.
7. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting approval of a license agreement for the subsurface use of a portion of the Airport Open
Space Park: approximately 579 feet for the purpose of a natural gas pipeline in accordance with
Chapter 26 of the Texas Park:s and Wildlife Code; providing for the issuance of license; and
providing an effective date. The Park:s, Recreation and Beautification Board recommended
approval (6-0).
Bob Ticlrner, Superintendent of Park:s, stated that the Park: Board had received a request to use a
portion of the Airport Open Space Park: for a natural gas pipeline. The Texas Park:s and Wildlife
Code required a public hearing for any non-park: use for this property.
The Mayor opened the public hearing.
No one spok:e during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-175
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR
THE SUBSURFACE USE OF A PORTION OF THE AIRPORT OPEN SPACE PARK
APPROXIMATELY 579 FEET FOR THE PURPOSE OF A NATURAL GAS
PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND
PROVIDING AN EFFECTIVE DATE.
Kamp motioned, McNeill motioned to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "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
approving an amendment to Subchapter 14 (Park:ing Standards) of the Development Code related
to park:ing requirements for medical facilities. The Planning and Zoning Commission
recommended approval (6-0). (DCA05-0002, Medical Parking)
Kelly Carpenter, Director of Planning and Development Services, stated that at the April 13th
Planning and Zoning Commission meeting an individual spok:e about park:ing requirements for
medical facilities. Staff researched the standards from other cities on such requirements. The
Planning and Zoning Commission had recommended approval of the proposed requirements
even though they did not meet the standards of lower park:ing. More available non-pervious
park:ing was needed at medical facilities
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June 21, 2005
Page 6
The Mayor opened the public hearing.
No one spok:e during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 14 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
THE NUMBER OF PARKING SPACES REQUIRED FOR MEDICAL AND DENTAL
USES, PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE. (DCA05-0002)
Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Kamp
"aye", McNeill "aye", Montgomery "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
approving a zoning change for 2.3 acres from Employment Center - Industrial (EC-I) to
Employment Center-Commercial (EC-C). The property was generally located at 2001 Fort
Worth Drive. The Planning and Zoning Commission recommended approval (6-0). (205-0005,
2001 Fort Worth Drive)
Kelly Carpenter, Director of Planning and Development Services, stated that the zoning change
was being requested so that retail uses could be developed on the site. The Planning and Zoning
Commission recommended approval.
The Mayor opened the public hearing.
The following individual spok:e during the public hearing:
Don Fraizer, representing the applicant, would answer any questions.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM THE EMPLOYMENT CENTER INDUSTRIAL (EC-I)
ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C)
ZONING DISTRICT FOR APPROXIMATELY 2.3 ACRES OF LAND LOCATED AT
2001 FORT WORTH DRIVE, IN THE CITY OF DENTON, DENTON COUNTY,
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June 21, 2005
Page 7
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z05-0005)
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "nay". Motion
carried with a 5-1 vote.
D. The Council held a public hearing and considered adoption of an ordinance
approving a zoning change for 2.456 acres from Regional Center Residential - (RCR-l) to
Regional Center Commercial - Downtown (RCC-D). The property is generally located east of
the intersection of Poclaus Page Road and 1-35E Frontage Road. The Planning and Zoning
Commission recommended approval (6-0). (205-0008, Pockrus Page and 1-35E)
Kelly Carpenter, Director of Planning and Development Services, stated that this site was zoned
agricultural at the time the new zoning map was being put in place. All agricultural property at
that time was considered for zoning with the lowest zoning designation in order to bring it in the
new designation. From agriculture, the lowest designation was RCR -1. The property currently
was surrounded by RCC zoning except for a mobile home park: on the east side of the property.
The intended use of the property was RV sales.
The Mayor opened the public hearing.
Gerald Yelson spok:e in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-178
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM THE REGIONAL CENTER RESIDENTIAL 1 (RCR-l)
ZONING DISTRICT TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN
(RCC-D) ZONING DISTRICT FOR APPROXIMATELY 2.456 ACRES OF LAND
LOCATED ON POCKRUS PAGE ROAD APPROXIMATELY 700 FEET EAST OF
THE FRONTAGE ROAD OFF INTERSTATE 35E, 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 EFFECTIVE DATE. (Z05-0008)
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "nay".
Motion carried with a 5-1 vote.
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June 21, 2005
Page 8
8. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton
authorizing the City Manager to enter into a development agreement between the City of Denton
and Nicosia & 77, L.P. for the dedication ofparkJand, the refund ofparkJand dedication fees paid
in lieu of land dedication at the North Pointe Subdivision and reimbursement of park:
development fees for the construction of a neighborhood park:; authorizing the expenditure of
funds; and providing an effective date. The Park:s, Recreation and Beautification Board
recommended approval (6-0).
Bob Ticlrner, Superintendent of Park:s, stated that this proposal would incorporate a development
agreement for dedication of parkJand for a neighborhood park:. The proposal would also refund
park: fees in lieu of the dedication and reimburse expenses for the value put in for development of
the park: in the Northpoint Subdivision.
The following ordinance was considered:
NO. 2005-179
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DENTON AND NICOSIA & 77, L.P. FOR THE DEDICATION OF
PARKLAND, THE REFUND OF PARKLAND DEDICATION FEES PAID IN LIEU
OF LAND DEDICATION AT THE NORTH POINTE SUBDIVISION AND
REIMBURSEMENT OF PARK DEVELOPMENT FEES FOR THE CONSTRUCTION
OF A NEIGHBORHOOD PARK; AUTHORIZING THE EXPENDITURE OF FUNDS;
AND PROVIDING AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye". Motion
carried unanimously.
B. The Council considered approval of a resolution adopting the Intelligent
Transportation System (ITS) Study conducted by Bruce Abernathy, Consultant.
Bruce Abernathy, Intelligent Transportation System, presented the highlights of the system. He
stated that the function of ITS was to improve the efficiency and safety of travel on arterial
corridors by travelers whether a private traveler using a personal vehicle, a commercial traveler
or a traveler using public transportation.
Willie Hudspeth expressed concern about money being spent. He felt the money for the contract
could have been used in a different manner to try and save jobs. He hoped that this was a fully
funded program and would not tak:e money away from work:ers. He suggested the City look: at
the corner of McKinney and Woodrow for traffic safety for pedestrians.
The following resolution was considered:
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June 21, 2005
Page 9
NO. R2005-027
A RESOLUTION ADOPTING THE INTELLIGENT TRANSPORTATION SYSTEM
(ITS) STUDY CONDUCTED BY BRUCE ABERNATHY, CONSULTANT.
McNeill motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
C. The Council considered adoption of an ordinance adopting the National Incident
Management System (NIMS) as the standard for incident management by the City of Denton,
TX; and providing for an effective date.
Michael Penaluna, Emergency Management Coordinator, stated that NIMS was a new national
requirement that provided for a consistent approach to the effective management of situations
involving natural disasters, man-made disasters or terrorism. Organizations wishing to receive
federal funds and grants related to the management and preparedness for certain disaster and
hazard situations must adopt NIMS by fiscal year 2005
The following ordinance was considered:
NO. 2005-180
AN ORDINANCE ADOPTING THE NA TIONAL INCIDENT MANAGEMENT
SYSTEM (NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT BY THE
CITY OF DENTON, TX; AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock:
"aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance of the City of Denton, Texas
providing for the payment of engineering development review fees for development; providing a
severability clause; and an effective date.
Kelly Carpenter, Director of Planning and Development, stated that she would speak: to Items 8
D, E, and F at the same time as they were all related. Item 8D would allow the City to contract
with a qualified engineering consulting firm to provide development review for engineering
issues associated with development proposals. This would include such items as reviewing plats,
site plans, construction plans, and variance requests during the development permitting for
compliance with the City Development Code and Code of Ordinances. Item 8E involved an
amendment to the budget in order to provide the necessary appropriation to enable the pass
through of the engineering development review fees associated with outsourcing the engineering
development review process that would become effective July 20th. Item 8F was the professional
services agreement with Freese and Nichols to provide the engineering review of the
development review process.
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June 21, 2005
Page 10
Willie Hudspeth stated that Council could not change the agenda order and combine these three
items. He felt he should have 9 minutes to speak: and not 3 minutes. He indicated that the
money for this item could have been used to save jobs. The City was replacing employees with a
group of people who would not speak: to the people. He would be check:ing with the District
Attorney as to whether items on the agenda could be lumped together.
The following ordinance was considered:
NO. 2005-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
PAYMENT OF ENGINEERING DEVELOPMENT REVIEW FEES FOR
DEVELOPMENT; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE
DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
E. The Council considered adoption of an ordinance amending the Fiscal Year 2004-
2005 General Fund Budget and Annual Program of Services of the City of Denton to allow for
an adjustment of One Hundred Thousand Dollars for the expenditure of funds for consulting
engineering services for development review; declaring an emergency; providing for publication
of this ordinance; and providing an effective date.
The following ordinance was considered:
NO. 2005-182
AN ORDINANCE AMENDING THE FISCAL YEAR 2004-2005 GENERAL FUND
BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON
TO ALLOW FOR AN ADJUSTMENT OF ONE HUNDRED THOUSAND DOLLARS
FOR THE EXPENDITURE OF FUNDS FOR CONSULTING ENGINEERING
SERVICES FOR DEVELOPMENT REVIEW; DECLARING AN EMERGENCY;
PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye". Motion
carried unanimously.
F. The Council considered adoption of an ordinance approving a professional
services agreement with the firm of Freese and Nichols, Inc. to provide engineering services for
engineering review of the development review process; authorizing the expenditure of funds
therefore; and providing an effective date.
The following ordinance was considered:
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June 21, 2005
Page 11
NO. 2005-183
AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH THE FIRM OF FREESE AND NICHOLS, INC. TO PROVIDE ENGINEERING
SERVICES FOR ENGINEERING REVIEW OF THE DEVELOPMENT REVIEW
PROCESS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
G. The Council considered a motion to authorize the Mayor to participate in any
special legislative session that Governor Perry might call and to grant her authority to speak: on
behalf of the City of Denton.
Consensus of the Council was that this proposal would be good in order for the Mayor to have
the authority to speak: on behalf of the entire Council.
Kamp motioned, Montgomery seconded to approve the authorization. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
H. The Council received a report, held a discussion, gave staff direction and
considered adoption of an ordinance of the City of Denton, Texas approving the First
Amendment to the commercial operator airport lease agreement between the City of Denton and
Jet Work:s Aviation Inc.; approval of a Lease Estoppel with Southwest Bank: and conditional
approval of a Lease Estoppel with Greater East Texas Certified Development Corporation
(CDC); and providing an effective date.
Mark: Nelson, Director of Airport and Transit Operations, stated that in November 2004 the City
and Jet Work:s entered into a lease agreement. Provisions of the lease required that Jet Work:s
provide the City a legal description and survey of the leased property that would more accurately
describe the leased premises within 30 days of the effective date of the agreement. Shortly after
the approval of the lease agreement, Jet W ork:s indicated they were modifying the original plans
for the structure, increasing area under roof, and would need a larger lease parcel. Jet Work:s
requested and received an extension to the deadline for submission of the legal survey and
drawing. To assist with development costs, the Airport Board and staff agreed to a secondary
parcel to be included as part of the lease with no rent being paid on Parcel 2 as it would be
viewed as a fire easement. A second component to this issue was the estoppel agreements. The
first estoppel agreement would modify the default agreement in the areas of time to cure a
default, would subordinate the city's lien should a default occur and would allow for removal of
improvements in the case of a default. Late last week: Southwest Bank: notified the city that a
second estoppel agreement would be required for Jet Work:s to secure a loan. Staff was
requesting conditional approval of the second estoppel agreement in order for the Airport
Advisory Board to review it. If the Board declined approval of the second agreement, it would
not tak:e effect.
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June 21, 2005
Page 12
Council felt that this would not be setting an example for future leaseholders as it was specific to
this case only.
Comment cards were received from:
Rick: Woolfolk:, Chair-Airport Advisory Board, in favor of the proposal.
Willie Hudspeth felt it would be better to wait until have all items of the proposal were
completed.
The following ordinance was considered:
NO. 2005-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE FIRST
AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND JET WORKS A VIA TION
INC.; APPROVAL OF A LEASE ESTOPPEL WITH SOUTHWEST BANK AND
CONDITIONAL APPROVAL OF A LEASE ESTOPPEL WITH GREATER EAST
TEXAS CERTIFIED DEVELOPMENT CORPORATION (CDC); AND PROVIDING
AN EFFECTIVE DATE.
McN eill motioned, Kamp seconded to adopt the ordinance as presented with the understanding
the Airport Advisory Board approval was required. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried
unanimously.
I. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth stated that there were still no African American firefighters in Denton. He felt that
if there was a safety concern with Eurek:a! it should be torn down. It was irresponsible to k:eep
the wood there if it might harm the children.
B. Jean Campbell regarding proposed cuts to social services.
Ms. Campbell was not present.
C. Tony Gamron regarding proposed cuts to social services.
Mr. Gamron indicated that he was speak:ing for CASA funding from the City. He ask:ed Council
to not decrease funding for CASA.
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June 21, 2005
Page 13
J. New Business
There were no items of New Business suggested by Council for future agendas.
K. 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.
L. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
M. 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 8:51 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W ALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS