Minutes June 7, 2005
CITY OF DENTON CITY COUNCIL MINUTES
June 7, 2005
After determining that a quorum was present, the City Council convened in a Work: Session on
Tuesday, June 7, 2005 at 4:00 p.m. in the Council Work: Session Room at City Hall.
PRESENT: Mayor Pro Tem McNeill; Council Members Montgomery, Mulroy, and Thomson.
ABSENT: Mayor Brock:; Council Members Kamp and Redmon.
1. The Council received a report, held a discussion and gave staff direction regarding the
Quarterly Review, Development Code amendments, and priorities.
Kelly Carpenter, Director of Planning and Development Services, reviewed the prior process
regarding the review and suggested this be a time for discussion on the proposed amendments
and priorities.
Council discussion included:
A suggestion was made for a twice a year review instead of the current quarterly review.
Consensus of the Council was that at this point in time, the quarterly review should remain until
the process was smoother.
What had held up some of the proposed changes - changes in staff resulted in not enough
time to do the research needed for the changes.
Carpenter indicated that development review staff had been assigned to review the proposed
changes/clarifications and should be coming to Council in late August.
Council Member Kamp joined the meeting.
Council continued discussion on when certain topics would be considered.
Council Member Redmon joined the meeting.
Council discussion continued:
Consider developing a matrix with the issues listed and completed items shaded for easy
clarification. Also develop a reasonable time line to wrap up all the items.
Infill standards might not be able to meet all of the requirements of the Development
Code and still meet the time line for federal requirements for grant dollars.
Mapping issues were still a concern. One area was East McKinney Street but mapping
issues were not considered a high priority at this point in time.
Another meeting with the Planning and Zoning Commission might be beneficial but
before the meeting consider categorizing the issues with a high, medium and low priority and
complete a time line first with 12-18 months to complete and then proceed with a possible
meeting.
City of Denton City Council Minutes
June 7, 2005
Page 2
Consider setting up the report information for the next quarterly reVIew with the
completed items first, high priority at the bottom and the others in between.
2. The Council received a report, held a discussion and gave staff direction concerning the
adoption of 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 to k:eep minutes of meetings and certified
agenda to comply with the Texas Open Meetings Act; and repealing and consolidating
Ordinances 2004-182 and 2004-298; providing the severability clause; and declaring an effective
date.
Ed Snyder, Interim City Attorney, stated that an amendment to the Council rules required a work:
session discussion prior to approval. The proposed ordinance consolidated prior changes in the
rules, compiling them in one ordinance. Under the current Council rules, the Chair of the
meeting was required to k:eep a certified agenda for all Closed Session items. State regulations
did not require a certified agenda for attorney consultation. This amendment would clarify the
Council's rules to k:eep in line with state regulations.
Consensus of the Council was to proceed with the proposed revisions with revised wording for
inclusion of permanent committees.
3. The Council received a report, continued discussion and gave staff direction concerning
proposed policy recommendations for regulating and enforcing extended stay hotel/motel
facilities.
Kelly Carpenter, Director of Planning and Development Services, stated that Council had
requested staff to prepare an outline of proposed amendments with regards to land use and
taxation issues. Staff was requested to prepare an outline of proposed amendments to the
development code to specifically regulate extended stay facilities and identify enforcement
problems/issues encountered by other communities with extended stay hotel/motel facilities
regulations. Staff had provided a set of possible amendments to the development code and
practices from other communities for Council review. Recommended amendments to the
regulations would amend the definitions of bed and break:fast, hotels, motels and extended stay
facilities to treat extended stay facility uses differently from other hotel and motel uses, allow
extended stay hotel/motels with an SUP and only in specific zoning districts and establish criteria
for the Planning and Zoning Commission and City Council to consider in determining the
appropriateness of extended stay/suite hotels.
Council discussion included:
Regulate new construction rather than deal with existing properties.
Review definitions ofbed/break:fast in regards to owner occupied facilities.
Consensus of the Council was to draft the proposed regulations for the Planning and Zoning
Commission to consider after August and bring to the Council in the fall.
City of Denton City Council Minutes
June 7, 2005
Page 3
4. The Council received a report, held a discussion and gave staff direction regarding the
selection of delinquent tax attorneys.
City Manager Conduff indicated that a request for proposal for the collection of delinquent taxes
had been sent to prospective bidders. A selection committee reviewed the responses and made a
recommendation for Council consideration. Council would mak:e the final decision on the
awarding of the contract.
Diana Ortiz, Director of Fiscal Services, reviewed the history of the awarding of these contracts
and what the contract involved. The selection committee was composed of five members who
reviewed the submitted proposals, heard presentations from each firm and individually rank:ed
each firm's criteria. Each committee member's individual rank:ing was complied for a quantified
selection format and sorted to provide the top qualified firms.
Discussion by Council included:
How were the percentage points set for the various performance categories? Input from
the different qualified firms was averaged to those levels to determine the percentage.
Most of the firms listed all k:ey staff but one firm only listed assistants. That was data
provided by the firms.
The determination of what constituted an actual Denton office or the functional
equivalent.
Equivalents of the various firms in terms of technology requirements and access to those
resources and professional services and the fact that if 3% were added for a local preference, the
rank:ing would be changed.
Local firms should receive a preference. The committee agreed with that concept but the
additional offers from one of the firms moved it to the top choice.
Council's job was to weigh the qualifications and insert judgment on some of the
subjective issues such as a local preference to k:eep dollars here.
Following completion of discussion, the consensus of the Council was to go with the local firm
and award the contract to Sawk:o and Burroughs.
5. The Council received a report, held a discussion and gave staff direction regarding the
selection of an architect for the design and construction of Fire Station #7 as well as a master
plan for a Public Safety Training Facility.
Ross Chadwick:, Fire Chief, presented the staff report. He indicated that the design of Fire
Station #7 was not the difficult part of the project to design. The critical part was the master plan
for the public safety training facility. He presented information on the selection committee and
how the scope of services was determined. Eleven firms submitted proposals and the list was
narrowed to six firms to interview. He reviewed the interview rating sheet used for each firm.
After the interviews, the firms were narrowed to the top three with the PGAL and Kirk:patrick:
City of Denton City Council Minutes
June 7, 2005
Page 4
firms being selected as the number one and number two firms. The PGAL team had already
built projects together, the Kirk:patrick: had not. Based on the committee's recommendation, staff
was ready to start negotiations with PGAL with timing being critical for the projects.
Council discussion included:
Were some of the consultants with Kirk:patrick: and PGAL the same? No and there was a
concern that the lead person for the Kirk:patrick: firm would not be on site very much as he had
many other projects to manage.
There was a history of previous performance already from the local firm.
Was PGAL headquartered in Dallas? Yes and was seen as the best selection for green
building standards. The firm had already contacted UNT to assist with the environmental
portion of the project.
Did all the PGAL projects look: the same? No PGAL had received the highest rank:ing on
creativity and had done things in their buildings that others had not done.
How did the two firms compare in regards to environmental issues? PGAL was lrnown
for think:ing out of the box. The Kirk:patrick: firm had only one environmentally certified intern
while PGAL had three lead persons in environmental design.
Statistically there was a very small difference between the firms and if 3% were applied
for a preference for a local firm, the Kirk:patrick: firm would be rank:ed first.
Consensus of the Council was to award the contract to the Kirk:patrick: firm.
6. The Council received a report, held a discussion and gave staff direction on a railroad
crossing for proposed Vintage Park:way, the closing of other crossings, and the annexation of
certain tracts of land in the eastern area of the City of Denton's extraterritorial jurisdiction
located near the intersection of Collins and Mingo Road, between Angus and Fishtrap Roads,
comprising approximately 160 acres.
Jim Coulter, Director of Water/Wastewater Services, stated that Ash Grove Cement Company
was proposing to locate a cement transfer facility on Mingo road, just outside of Denton's city
limits. The facility would receive bulk: cement by rail, off load it, convey it to cement silos and
then load it into cement truck:s. An additional consideration for the area was the current railroad
crossing. Coulter presented information on timelines for Vintage Park:way. A decision was
needed on which crossing to close. The Railroad would lik:e to close the Collins crossing. If the
City were successful in getting that crossing closed, the Railroad would give a one-to-one
exchange. Normally the Railroad wanted a 3-1 closure. The decision would be to close Collins
at a one-to-one ratio or close Daugherty and Mock:ingbird in town for the Collins crossing. As
Collins was outside the city limits, the Mayor spok:e with County Commissioner White but to
date had not been successful in getting a recommendation to close that crossing. The Council's
Mobility Committee would be investigating the proposed annexation with that crossing and bring
information to Council for consideration.
City of Denton City Council Minutes
June 7, 2005
Page 5
Consensus of the Council was to proceed with the annexation process of the area.
7. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the regular meeting of June 7, 2005.
Following the completion of the Work: Session, the City Council did not convene in a Closed
Meeting to consider the item listed below.
1. Closed Meeting:
A. DELIBERATIONS REGARDING REAL PROPERTY --- Under Texas
Government Code 9551.072 and CONSULTATION WITH ATTORNEY ---
Under Texas Government Code 9551.071
1. Receive a confidential presentation by staff dealing with the Foxworth-
Galbraith Lumber Company easement purchase agreement; which
transaction is associated with the Loop 288 Utility Relocation Project
being a 0.630 acre and 0.779 acre of land located in the M.E.P. and P.R.R.
Survey Abstract Number 927, and consultation with the City Attorney
regarding legal issues associated with the purchase in which his
professional responsibility to the City Council requires private legal
consultation.
Regular Meeting of the City of Denton City Council on Tuesday, June 7, 2005 at 6:30 p.m. in the
Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMA TIONS/PRESENT A TIONS
A. Proclamations/Awards
Mayor Pro Tem McNeill presented a proclamation for Commute Solutions Season.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
3. CONSENT AGENDA
Montgomery motioned, Mulroy seconded to approve the Consent Agenda as presented and the
accompanying ordinances and resolutions.
Mayor Pro Tem McNeill indicated that a Speak:er Card had been received for Item 3E.
City of Denton City Council Minutes
June 7, 2005
Page 6
Dessie Goodson, 1511 North Elm, Denton, 76201, questioned why a public hearing was not held
on this item as per her understanding it was a federal requirement. She also understood that the
buses would be purchased by the City and given to the DCT A which was also not allowed.
On roll vote to approve the Consent Agenda, Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously.
A. Approved the minutes of:
May 2, 2005
May 3,2005
May 9, 2005
May 17,2005
May 24, 2005
B. R2005-023 - A resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
C. R2005-024 - A resolution of the City of Denton, Texas, approving the 2006
Budget of the Denton Central Appraisal District; and providing an effective date.
D. 2005-151 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network: for the acquisition of a McClosk:ey 628 RE Portable Screen
by way of an Interlocal Agreement with the City of Denton; and providing an
effective date (File 3338 - Screener for Beneficial Reuse Division awarded to
McCourt and Sons Equipment, Inc. in the amount of $242,676). The Public
Utilities Board recommended approval (7-0).
E. 2005-152 - An ordinance of the City of Denton, Texas approving the Addendum
A to the Interlocal Cooperation Agreement between the City of Denton and the
Denton County Transportation Authority providing Link: operations funding for
fiscal year 2004-2005; and providing an effective date.
F. 2005-153 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a First Amendment to agreement for Professional Legal
Services with the firm of Lloyd, Gosselink:, Blevins, Rochelle & Townsend, P.C.
for legal services pertaining to continuation of representation of the City before
the Public Utility Commission of Texas, in connection with its Transmission Cost
of Service Case; authorizing the expenditure of funds therefor; providing for
retroactive effect of the agreement; and providing an effective date. The Public
Utilities Board recommended approval (7-0).
G. 2005-154 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager or his designee to execute a Quit Claim Deed to
convey approximately 0.71 acres to Lexington Park: (Denton) Homeowners
Association, said 0.71 acres being situated in the E. Pick:ett Survey, Abstract No.
1018, in the City of Denton, Denton County, Texas, and being Block: A, Lot 23,
of Chaucer Estates, Phase 1, an addition to the City of Denton, Denton County,
City of Denton City Council Minutes
June 7, 2005
Page 7
Texas, according to the plat thereof recorded in Cabinet Q, Page 267 of the Plat
Records of Denton County, Texas, and providing an effective date.
(Hemmingway Street - Chaucer Estates Subdivision)
H. 2005-155 - An ordinance to purchase approximately 0.630 acre of land for Public
Utility Easement and approximately 0.779 acre of land for Temporary
Construction Easement and Sign Improvements between the City of Denton and
Foxworth-Galbraith Lumber Company, located in the M.E.P.& P.R.R. Survey
Abstract Number 927, City of Denton, Denton County, Texas; authorizing the
expenditure of funds therefore; and providing an effective date. (Loop 288 Utility
Relocation Project)
I. Approved tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. Centex Homes Duplicate Payment 2004 $4,350.24
2. Denton Mall Co LP Duplicate Payment 2004 $515.03
3. Stapler, Jane Duplicate Payment 2004 $532.20
4. Stewart Title - Hager, Stacy Overpayment 2004 $543.13
5. Wells Fargo - Delgado, Duplicate Payment 2003 $739.47
Jorge
6. Wilson, Rosalyn Duplicate Payment 2003 $949.04
J. 2005-156 - An ordinance of the City of Denton, Texas, on second reading,
amending Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a
cable television franchise within the City; providing for an extension to the term
of the franchise agreement between Marcus Cable Associates, L.L.C., dba Charter
Communications and the City, providing for acceptance of the extension by
Marcus Cable Associates, L.L.C., dba Charter Communications, providing a
cumulative clause; providing for a savings clause; providing a severability clause;
providing for engrossment and enrollment; and providing an effective date.
K. 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 17, 2005 from 6:00 p.m. until 11 :00 p.m. and
on Saturday, June 18th from 11 :00 a.m. until 12:00 p.m. The request is for an
exception to the hours of operation from 10:00 p.m. until 11 :00 p.m. and 12:00
p.m.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas,
providing for an amendment to Chapter 2, Article V Library, Section 2.157 of the Code of
Ordinances of the City of Denton, Texas, to require the payment of an annual fee for
nonresidents for a library card; providing a severability clause; providing for a savings clause;
and providing an effective date.
City of Denton City Council Minutes
June 7, 2005
Page 8
Eva Poole, Director of Libraries, presented information on the County's continued decline in
funding over the years. Currently residents of Denton subsidized library services to out-of-city
users. If the city accepted any funding from the County, the Library must provide a full array of
library services to all county residents who live outside the city limits. The Library Board
recommended that the City not accept County funding and charge an annual fee of $50 per
household to nonresidents who wish to obtain a library card with unlimited borrowing privileges.
City employees and non-residents who own property within the city limits would be eligible to
obtain a library card free of charge.
Speak:er cards were received from:
Dessie Goodson - opposed to the implementation of the non-resident fee
Damon Wadyk:o - opposed to the implementation of the non-resident fee
The following ordinance was considered:
NO. 2005-157
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO CHAPTER 2, ARTICLE V LIBRARY, SECTION 2.157 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO REQUIRE THE
PAYMENT OF AN ANNUAL FEE FOR NONRESIDENTS FOR A LIBRARY CARD;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye".
Motion carried unanimously.
B. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas approving low-moderate income housing tax credits and tax exempt bonds
provided by the Texas Department of Housing and Community Affairs for Providence Place II, a
multi-family development generally located in the 3500 Block: of Hudsonwood Drive in the City
of Denton, Texas; and providing an effective date.
Kelly Carpenter, Director of Planning and Development, stated that Providence Realty was
requesting that the City approve a resolution expressing the City's approval of its tax-exempt
bond and 4% tax credit project for the Providence Place II. Council has had prior discussion on
this request.
Speak:er comments on the proposal:
Mark: Miller and Matt Harris, Provident Realty, requested approval of the proposal.
Alan Bussell, 1621 Amanda Court, Ponder, 76209 - in favor of the request
The following resolution was considered:
City of Denton City Council Minutes
June 7, 2005
Page 9
NO. R2005-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING LOW-MODERATE INCOME HOUSING TAX CREDITS AND TAX
EXEMPT BONDS PROVIDED BY THE TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS FOR PROVIDENCE PLACE II, A MULTI-FAMILY
DEVELOPMENT GENERALLY LOCATED IN THE 3500 BLOCK OF
HUDSONWOOD DRIVE IN THE CITY OF DENTON, TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "nay",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "nay", and Thomson "aye". Motion
carried with a 4-2 vote.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Ed Soph regarding Eurek:a! Playground.
Mr. Soph presented information regarding the playground equipment at Eurek:a! Playground and
the leak:ing of arsenic from the treated wood. He urged the Council to close the playground and
replace all of the treated wood.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth stated that he was disappointed with some of the actions that council had tak:en but
he would move on from them. He was still disappointed that there were no African American
firefighters in Denton.
F. Dessie Goodson regarding responsibility.
Ms. Goodson indicated that she would lik:e to see more ordinances published in the newspaper.
She also presented comments on her utility bill and the due dates.
City of Denton City Council Minutes
June 7, 2005
Page 10
D. New Business
The following items of New Business were suggested by Council for future agendas:
1. Mayor Pro Tem McNeill requested a report on the County's proposal for
touch screen voting machines.
2. Mayor Pro Tem McNeill requested a report on why the DISD changed out
their wooden playground equipment.
E. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff indicated that this was Council Member Redmon's last full official
meeting.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of a Closed Meeting.
G. 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 8:00 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W ALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS