Minutes May 3, 2005
CITY OF DENTON CITY COUNCIL MINUTES
May 3, 2005
After determining that a quorum was present, the City Council convened in a Work: Session on
Tuesday, May 3,2005 at 6:00 p.m. in the Council Work: Session Room at City Hall.
PRESENT:
Mayor Brock:; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery,
Redmon and Thomson.
ABSENT:
Council Member Mulroy
1. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for May 3, 2005.
Regular Meeting of the City of Denton City Council on Tuesday, May 3,2005 at 6:30 p.m. in the
Council Chambers at City Hall.
Council Member Mulroy joined the meeting.
1.
PLEDGE OF ALLEGIANCE
The 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 Brock: presented a Congressional Record to Vance Kemler and J ak:e Stewart of Biodiesel
Industries for the City's biodiesel facility.
Mayor Brock: presented the following proclamations:
Denton Cinco de Mayo Day
Motorcycle Safety and Awareness Month
Drink:ing Water Week: in Denton
Day of Jubilee
B.
Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3.
CONSENT AGENDA
Mayor Brock: indicated that Item 3F would be pulled for separate consideration.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of #3F. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
City of Denton City Council Minutes
May 3, 2005
Page 2
Item 3F was considered.
Montgomery motioned, McNeill seconded to adopt the ordinance and amended lease as received
by the Council contingent on the gas lessee paying the outside attorney fees at a maximum of
$5000. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon
"aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously.
A.
R2005-016 - A resolution allowing Mi Casita Restaurant to be the sole participant
allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 7,
2005, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an
effective date. Park:s, Recreation and Beautification Board recommended
approval (6-0).
B.
R2005-0 17 - A resolution appointing Timothy S. Fisher as the City's
representative to serve as a member of the Board of Directors of the Upper Trinity
Regional Water District; and providing an effective date. The Public Utilities
Board recommended approval (4-0).
C.
2005-123 - An ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 3334 -
Electrical Energy Transmission Fees $1,124,301). The Public Utilities Board
recommended approval (6-0).
D.
2005-124 - An ordinance approving an assignment of leasehold interest in an
airport lease from JVC Real Estate, LLC to January Aviation, LLC for property
located at 4705 Spartan Drive at the Denton Municipal Airport; and providing an
effective date. The Airport Advisory Board recommended approval (4-0).
E.
2005-125 - An ordinance authorizing Amendment No.1 to an agreement dated
February 3, 2004 relating to a grant for the purchase and installation of radio
equipment between the City of Denton and the State of Texas acting through the
Texas Department of Transportation; authorizing the City Manager to expend
funds provided for in the amendment; and declaring an effective date (TxDOT
Project No.: AP DENTON 6 and TxDOT CSJ No.: 0418 DENTN). The Airport
Advisory Board recommended approval (5-0).
F.
2005-126 - An ordinance clarifying, amending and ratifying the Oil, Gas and
Mineral Lease at the City of Denton Airport dated, January 17, 2002; and
providing an effective date. The Airport Advisory Board recommended approval
(5-0).
G.
2005-127 - An ordinance approving a Statement of Agreement between the City
of Denton, and the American Red Cross - Dallas Area Chapter for mutual
assistance of catastrophic events, emergencies or disasters; and providing for an
effective date.
City of Denton City Council Minutes
May 3, 2005
Page 3
H.
2005-128 - 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-C; providing for services related to Determination of Denton Municipal
Electric's Future Requirements for Wholesale Electric Supply and Related
Services; to Solicit and Consider Alternatives to Replace the Existing Transition
Power Agreement; and to Issue a Request for Proposals for Purchased Power by
Denton Municipal Electric; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
( 6-0).
I.
R2005-0 18 - A resolution re-appointing a Member to the Board of Directors of
the Texas Municipal Power Agency, representing the City of Denton, Texas; and
declaring an effective date.
J.
Approved tax refunds for the following property taxes:
Name
Tax
Y Amount
ear
Reason
4.
LandAmerica/Button, Robert &
Sheila
2004 $1,414.66
Duplicate Payment
6.
LandAmerica/Fulligim, Dwight &
Frances
2004 $972.95
Duplicate Payment
10. LandAmerica/Wohlgemuth, James
R
2004 $1,022.65
Duplicate Payment
11. Sierra Title of North Texas/Bell,
Philo
2004 $695.01
Duplicate Payment
K.
Approved the minutes of:
April 4, 2005
April 5, 2005
L.
2005 -129 - An ordinance directing the publication of Notice of Intention to issue
Certificates of Obligation of the City of Denton; and providing for an effective
date.
City of Denton City Council Minutes
May 3, 2005
Page 4
M.
2005-130 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Festival Foundation for supplemental
funding for the Arts and Jazz Committee for the 2005 Denton Arts and Jazz
Festival; providing for the expenditure of funds therefore; and providing for an
effective date.
4.
PUBLI C HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas denying Atmos Energy Corporation's request for an annual Gas Reliability
Infrastructure Program adjustment in this municipality; providing a requirement for prompt
reimbursement of costs incurred by the City; finding that the meeting at which this ordinance is
passed is open to the public as required by law; providing for notice of this ordinance to Atmos
Energy Corporation; and providing an effective date.
Herb Prouty, Assistant City Attorney, stated that last December Atmos filed an application to
increase rates on the Gas Reliability Infrastructure Program. The Council suspended action on
the request with an effective date to the 15th of this month. The consultants had recommended
denying the rate increase. There were two ordinances prepared for Council consideration. The
first was to approve the rate increase as modified by the Railroad Commission. The second was
to deny the rate increase. Staff was recommending that Council approve the ordinance denying
the increase. The Railroad Commission decision was not effective for 90 days and the coalition
of cities did not get to participate in the hearing and in the decision.
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. 2005-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DENYING ATMOS
ENERGY CORPORATION'S REQUEST FOR AN ANNUAL GAS RELIABILITY
INFRASTRUCTURE PROGRAM ADJUSTMENT IN THIS MUNICIPALITY;
PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS
INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY
CORPORA TION; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance as recommended by staff to deny the
request. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon
"aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously.
City of Denton City Council Minutes
May 3, 2005
Page 5
5.
ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance concerning an Alternative
Development Plan for tree canopy coverage for a distribution warehouse on approximately 30
acres of land located in an Industrial Centers Employment (IC- E) zoning district. The property,
commonly lrnown as 2900 Airport Road, was generally located west of 135 West and north of
Airport Road. The Planning and Zoning Commission recommended denial (5-1). SUPER
MAJORITY VOTE REQUIRED FOR APPROVAL. (ADPO5-0001, Anderson Merchandisers)
Kelly Carpenter, Director of Planning and Development, indicated that a supermajority vote by
Council was not required as alternative development plans were determined not to be a matter of
zoning but of site design standards. She reviewed the definition of an alternative development
plan. Anderson Merchandisers was located in an industrial center employment zoning. The
Development Code required a 20% tree canopy coverage measured by the area under the shadow
area of the tree when full grown. Anderson was proposing a canopy of 10.1 % coverage which
was about half of what was required. Site plan requirements called for a double row of trees.
The Planning and Zoning Commission recommended denial, as did the staff. Staff had
suggested contributing to the tree bank: as detailed in the tree preservation ordinance. The tree
preservation ordinance was not applicable to this proposal; rather it fell under the landscape
ordinance.
Council Member Mulroy stated that in a previous similar case, Council approved a reduced
canopy of 16%. He understood that the Planning and Zoning Commission was going to review
the required standards for canopy in an industrial zoning area, as a 20% canopy might not be
practicable.
Mayor Brock: indicated the following Request to Speak: Cards had been submitted:
Bob Schneider, applicant, stated that one of the issues dealt with the slope and rock:
underneath the soil. Planting trees would be too hard for the landscaping.
Council Member Mulroy ask:ed if Anderson would be willing to commit to coverage somewhere
between 1 0-15 %.
Schneider replied yes.
Jon Mitchella, applicant, stated that staff had requested that oak:s not be planted on
Airport Road due to overhead lines. Crepe myrtles or pears had been suggested but those also
reduced the canopy coverage. He also expressed concern regarding the double row of trees and
the competition for growth due to the limited soil plus the overhang of the trees might impede
the truck: traffic.
Council Member Mulroy stated that in fairness, it was anticipated that the coverage requirement
could possibly be reduced to 15%. Anderson was almost at that number and some adjustments
might help them get to 15%.
McN eill motioned, Mulroy seconded to continue the request, not to a date certain, but until
sufficient information was received regarding the canopy coverage. A temporary certificate of
occupancy would be granted at this time. On roll vote, Kamp "aye", McNeill "aye", Montgomery
City of Denton City Council Minutes
May 3, 2005
Page 6
"aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
adopting the City Manager's plan for reorganization and reduction in force for the City of
Denton; providing for severance pack:age plan for eliminated positions, providing for transfer of
employee's benefit adjustment to employee's salary; and providing an effective date.
City Manager Conduff stated that staff had work:ed on the Council's goals for balanced financial
forecast. Staff had indicated that to reach that goal it was recommended to reduce full time
equivalents in the general fund. They had shared the service impact on these recommended
employee reductions and proposed a mechanism for employees to have options to sever
themselves from the organization. He reviewed the options for the severance of employees.
The following individuals submitted Speak:er Cards:
Troy Nivens - Denton Police Officers Association, stated the Association's concerns
regarding the plan. It was felt that the plan was designed to balance the budget by cutting
General Government employees, increasing health insurance costs and by cutting salaries. The
DPOA felt that the salaries of the remaining general fund employees should remain intact. The
efficiency and compensation study should be done at another time to prevent reduction of
salaries.
Philip Young, 126 Hollyhill, Denton 76205, was opposed to the resolution. He indicated
that he would rather pay higher taxes than have a reduction in services or go back:wards in terms
of beautification of the city.
Ken Gold, speak:ing on behalf of the Firefighters, suggested the Council postpone the
ordinance as it would cut pay for employees. There were other ways to reduce expenses such as
not spending $400,000 on a salary survey that wasn't needed.
Bob Clifton spok:e in opposition to the proposed ordinance. He suggested getting rid of
top-heavy higher paid employees.
Dessie Goodson stated that Council was proposing cutting jobs and then contracting them
out. She suggested reducing the City Manager and Assistant City Manager salaries.
The following ordinance was considered:
NO. 2005-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY
MANAGER'S PLAN FOR REORGANIZATION AND REDUCTION IN FORCE FOR
THE CITY OF DENTON; PROVIDING FOR SEVERANCE PACKAGE PLAN FOR
ELIMINATED POSITIONS, PROVIDING FOR TRANSFER OF EMPLOYEE'S
BENEFIT ADJUSTMENT TO EMPLOYEE'S SALARY; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
May 3, 2005
Page 7
Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock: "aye". Motion carried unanimously.
C.
Citizen Reports
1. Review of procedures for addressing the City Council.
2.
Council received citizen reports from the following:
A.
Jack: Daniels regarding ways to facilitate voter participation -
interactive government.
Mr. Daniels requested council use resources to promote elections. He suggested using the
television emergency interrupt to remind everyone to vote.
B.
Dessie Goodson regarding responsibility.
Ms. Goodson stated that she had an Open Records request that she was still waiting for a reply.
She also inquired about an ad she had seen in the paper for a transit bus and questioned a cable
bill peg fee included on her cable bill.
C.
Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
D.
Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
E.
Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
F.
Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth questioned if what was wrong with city dealt with how the city related to some of
its citizens. The Civil Service test was racially sk:ewed against African Americans. Proposals
were being made to cut salaries and no matter how it was couched, salaries would be cut.
D.
New Business
The following items of New Business were suggested by Council for future agendas:
1. Mayor Pro Tern McNeill requested a report for public record on the task: force
problem with the firefighters. Council Member Kamp requested Dallas requirements be
included.
2.
Council Member Thomson requested information on bik:e paths.
City of Denton City Council Minutes
May 3, 2005
Page 8
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.
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of 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 8:21 p.m.
EULINEBROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W ALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS