Minutes November 15, 2005
CITY OF DENTON CITY COUNCIL MINUTES
November 15, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, November 15, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council held a discussion and gave staff direction regarding the 2006 Council
meeting schedule.
Jennifer Walters, City Secretary, reviewed the draft schedule included in the Council?s agenda
backup materials.
Consensus of the Council was to approve the schedule with a change in the September schedule.
The meeting dates in September would be moved down a week to accommodate the Labor Day
holiday.
2. The Council received a report, held a discussion and gave staff direction regarding the
Denton Public Art Policy Process.
Janet Fitzgerald, Director of Parks and Recreation, stated that the basis for a public art policy
was included in The Denton Plan. The Urban Design section provided for public art strategies.
She presented the history of public art in Denton. Types of acquisitions for public art included
gifts and donations, commissioned pieces and the purchase of art. These had been handled on a
case-by-case basis. A survey had been done with 24 cities for basic information on the policy,
purpose, policy administration and funding sources for public art. Policy administration included
public/private partnerships with the council appointing a committee that would administer policy
and make recommendations. Funding sources came from private funding such as endowments,
gifts and donations, grants and foundations. Public funding sources might include a percentage
of capital construction projects, HOT funds and special events. A potential project for public art
might be the US 380 entranceways. The scope of the project would involve signage, public art
and landscaping. Funding partners might include Keep Denton Beautiful, Inc., City of Denton
2000 bond funds, TXDOT Green Ribbon Program and Leadership Denton project. The
recommended process involved a public/private task force to develop the public art policy,
commission and placement of public art, funding mechanisms for the purchase of art,
management strategies and funding strategies for ongoing maintenance. She detailed a potential
composition of such a task force. Once appointed, the task force would begin in the near future
so as to be able to come back to Council with a recommendation in April.
Council discussion included:
A report from a prior Leadership Denton class should be incorporated as it dealt with an
inventory of public art and policy suggestions.
The former tax abatement policy had different initiatives that would add a tax abatement
such as contributing a significant work of public art. Consider recommending to Council
incentives for significant contributions to public art.
City of Denton City Council Minutes
November 15, 2005
Page 2
The task force would be a broad based committee designed to create the policy for the
public art.
Consensus of Council was to proceed as recommended by staff.
3. The Council received a report, held a discussion and gave staff direction on the funding
of LEED certification for Fire Station #7.
Ross Chadwick, Fire Chief, stated that the Council Committee on the Environment had discussed
whether the new fire station should be LEED certified. The Committee felt that it should be
certified and to bring the cost savings back for Council review. LEED stood for leadership in
energy and environmental design. A project checklist for LEED certification included
sustainable sites, water efficiency, materials and resources, indoor environmental quality,
innovative and design process. The budgeted project cost was $2.5 million. A current estimated
project cost was $2.6 million with an estimated LEED cost of $302,000 for a total estimated
project cost of $2.9 million. With a 7% contingency fund, the estimates should be fairly close to
budget. He reviewed several projects from other cities that had realized savings from being
LEED certified. Staff had also projected a potential savings for Fire Station #7 of $588,543.
Staff recommended allocating the expenditure of additional funds for Fire Station #7 to achieve a
minimum of silver LEED certification and consider the use of the environmentally preferable
purchasing program to fund the estimated additional costs of $302,925.
Council discussion included:
The cost of the LEED would be due in
The initial cost and figures of savings were projected over a 25-year period, in 11 years
the City would recover the initial costs.
Consider this program both for economic reasons and environmental reasons.
Consensus of Council was to proceed with the proposal.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for November 15, 2005.
1. Beginning at 5:00 p.m., Council considered the following in Closed Meeting:
A. Consultation with Attorney ? Under Texas Government Code Section 551.071 -
1. Consulted 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 with the duty of the
City?s attorneys to the City Council under the Texas Disciplinary Rules of
City of Denton City Council Minutes
November 15, 2005
Page 3
Professional Conduct of the State Bar of Texas or would jeopardize the
City?s legal position in any administrative proceedings or potential
litigation.
B. Deliberations regarding Real Property ? Under Texas Government Code Section
551.072 and Consultation with Attorney ? Under Texas Government Code Section
551.071.
1. Deliberated the purchase and value of real property interests for the
proposed Downtown Multimodal Station and Catalyst Project and the
proposed South Transit Station in the Mayhill/Brinker Road area, which
acquisitions are for public purposes. Received legal advice from the City
Attorney or his staff concerning legal issues regarding the acquisition
and/or condemnation of such real property interests.
Following the completion of the Closed Meeting, the City Council met with Leadership Denton.
Regular Meeting of the City Council on Tuesday, November 15, 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 Vistacare Day and Leadership Denton Week.
B. November Yard-of-the-Month Awards
Mayor Brock read the November Yard-of-the Month Awards.
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. CONSENT AGENDA
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?,
Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
City of Denton City Council Minutes
November 15, 2005
Page 4
A. 2005-342 - An ordinance of the City of Denton, Texas amending the provisions of
Chapter 6, Section 18 regarding the adoption of dogs, cats, and ferrets; providing
for a severability clause; providing a repealer clause; providing for a savings
clause; providing for a penalty not to exceed $500 for violations of this ordinance;
and providing for an effective date.
B. 2005-343 - An ordinance amending Ordinance No. 2001-338 to establish an
adoption fee for dogs at one hundred twenty dollars ($120), an adoption fee for
cats at one hundred and ten dollars ($110), and an adoption fee for ferrets at ten
dollars ($10) pursuant to Chapter 6 of the code of ordinances of the City of
Denton, Texas; providing that a schedule of fees shall be maintained on file in the
office of the City Secretary; providing a savings clause; providing a severability
clause; and providing an effective date.
C. 2005-344 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with the firm of Southridge Animal Hospital to provide
sterilization and rabies vaccination services for the City of Denton Animal
Services Center; authorizing the collection of funds therefor as reflected in the fee
ordinance; and providing an effective date.
D. 2005-345 - An ordinance accepting competitive proposals and awarding a best
value annual contract for operation of an automated traffic signal enforcement
program; providing for the expenditure of funds therefor; and providing an
effective date (RFP 3364?Automated Traffic Signal Enforcement System awarded
to Redflex Traffic Systems USA).
E. 2005-346 - An ordinance accepting competitive proposals and awarding a
contract for the purchase of fencing materials for the Lake Forest Dog Park;
providing for the expenditure of funds therefor; and providing an effective date
(RFP 3402?Lake Forest Dog Park Fencing awarded to Hurricane Fence in the
amount of $25,144.48).
F. 2005-347 - An ordinance authorizing the Mayor to execute an amended
agreement between the City of Denton and the Denton County Historical
Commission, Inc. for the payment and use of hotel tax revenue; and providing an
effective date.
G. 2005-348 - An ordinance of the City of Denton, Texas terminating that certain
airport lease dated November 2, 2004, by and between the City of Denton, Texas
and Terrence Jarog, authorizing the City Attorney or his designee to take
appropriate legal action if necessary, to effectuate the termination, and providing
an effective date. The Airport Advisory Board recommended approval (5-0).
H. Confirmed the appointment by the City Manager of a new member to the Civil
Service Commission.
I. 2005-349 - An ordinance authorizing the City Manager to execute an Interlocal
Agreement with the DENCO Area 9-1-1 District for the purpose of establishing
the Denton Police Department as the primary public safety answering point
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November 15, 2005
Page 5
(PSAP) within the DENCO enhanced 9-1-1 system; and providing for an
effective date.
J. 2005-350 - An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to pay the City?s annual consolidated water quality
fees for FY 2006 to the Texas Commission on Environmental Quality;
authorizing the expenditure of funds therefor; providing an effective date.
K. R2005-046 - A resolution granting recognition of Local 1291 of the International
Association of Fire Fighters as the sole and exclusive bargaining agent for the
non-exempt Denton firefighters, and authorizing the City of Denton to meet and
confer with the association under Subchapter C of Chapter 142 of the Texas
Local Government Code without conducting an election.
L. R2005-047 - A resolution reviewing and adopting the Investment Policy for funds
for the City of Denton; designating an investment officer; providing a savings and
a repealing clause; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding a request for a Specific Use Permit for approximately 0.904 acres to allow a drive-
through facility. The site was in a Neighborhood Residential Mixed Use (NRMU) zoning
district. The subject property was generally located at the southeast corner of Sundown Blvd.
and Teasley Lane. A bank with a drive-through was proposed. The Planning and Zoning
Commission recommended approval (7-0).
(S05-0001, Northstar Bank)
Council Member Mulroy left the meeting with a conflict of interest.
Kelly Carpenter, Director of Planning and Development, stated that the Denton Code allowed a
bank in NRMU but a special use permit was needed for a drive through facility. The Planning
and Zoning Commission had some issues as the neighborhood was opposed to the drive through.
The applicant then met with the neighborhood and made some concessions regarding signs and
irrigation for the neighborhood signs. The Planning and Zoning Commission did not place any
conditions on the special use permit.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Kyle Hogue, G & A Consultants, Inc. - woul
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
November 15, 2005
Page 6
NO. 2005-352
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.904
ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
SUNDOWN BLVD. AND TEASLEY LANE, LOCATED WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND
IS PLATTED AS LOT 1, BLOCK B SUNDOWN RANCH COMMERCIAL LOTS IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN
EFFECTIVE DATE.
(S05-0001)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
Council Member Mulroy returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton approving
a lease agreement between the City of Denton and John Eric Schmitz for the lease of a portion of
street right-of-way for the construction, occupancy and maintenance of a porch area in
conjunction with a business located at the northeast corner of Walnut and Cedar Streets, which is
commonly known as 209 W. Hickory Street, Denton, Texas; and providing an effective date.
Linda Ratliff, Director of Economic Development, stated that Council had discussed the project
in September. The property owner desired to expand his facility to add a porch area and expand
the eating portion of restaurant. The lease for the proposal was structured similar to an airport
lease with a 30-year term and 2 ten-year options. The property owner would need to begin
expansion within 180 days of approval by Council and obtain approval for the sidewalk and
design and construction of porch.
Eric Schmitz, property owner, submitted a speaker card and spoke in favor of the request.
The following ordinance was considered:
NO. 2005-352
AN ORDINANCE OF THE CITY OF DENTON APPROVING A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND JOHN ERIC SCHMITZ
FOR THE LEASE OF A PORTION OF STREET RIGHT-OF-WAY FOR THE
CONSTRUCTION, OCCUPANCY AND MAINTENANCE OF A PORCH AREA IN
CONJUNCTION WITH A BUSINESS LOCATED AT THE NORTHEAST CORNER
OF WALNUT AND CEDAR STREETS, WHICH IS COMMONLY KNOWN AS 209
W. HICKORY STREET, DENTON, TEXAS; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
November 15, 2005
Page 7
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
B. The Council considered approving an exaction variance of Section 35.20.3.B of
the Denton Development Code concerning sidewalks. The approximately 0.35 acres of property
was generally located at the northeast corner of McKinney Street and Wood Street intersection.
The Planning and Zoning Commission recommended approval (6-0).
(V05-0022, Klement
Laundry)
Kelly Carpenter, Director of Planning and Development, stated that she would address Items 5B,
5C and 5D.
The exaction variance in Item 5B would reduce the width of the sidewalk along Wood Street
from eight feet to five feet. The City had a history of requiring 8-foot sidewalks on collector
streets. Sidewalks along collectors were 8 foot wide because they were intended to be shared by
both pedestrians and bicyclists. Currently there were no sidewalks on the east side of Wood
Street between McKinney and Davis, with the exception of the recently constructed 5-foot wide
section installed by the City. This was a 0.35-acre site that the property owner was proposing to
develop for a laundry.
Item 5C was a request for a variance concerning perimeter street dedication along a primary
arterial. The applicant was requesting a variance to reduce the right-of-way dedication along
McKinney Street from 34.12 feet to 22.86 feet.
The third variance considered in Item 5D was a request for a variance to reduce the right-of-way
dedication along Wood Street from 11.49 feet to 8.9 feet. The Planning and Zoning Commission
had approved all three variance requests.
Council discussion included:
A smaller right-of-way on McKinney in this area might affect the complete alignment of
McKinney in the future.
Wood Street was currently designated as a residential street but the proposed use was a
collector street with a larger right-of-way requirement.
The current Code requirements for McKinney were higher than the existing conditions on
McKinney.
Although McKinney was a TxDot controlled road, the City controlled this portion of
McKinney.
The City would have to provide additional width to McKinney when it was time to widen
it unless an alternative design was developed.
The problem was infill versus greenfill and the requirements for new development placed
on an infill development project.
Larry Reichhart, representing the developer, submitted a speaker card and spoke in favor of the
three variances.
City of Denton City Council Minutes
November 15, 2005
Page 8
Thomson motioned, McNeill seconded to approve Item 5B. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
Kamp motioned, Mulroy seconded to approve Item 5C as presented in the Council backup
materials. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?,
Thomson ?aye? and Mayor Brock ?nay?. Motion carried with a 6-1 vote.
Heggins motioned, McNeill seconded to approve Item 5D. On roll vote, Heggins ?aye?, Kamp ?aye?,
McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
C. The Council considered a variance of Section 35.20.2.L.2 of the Denton
Development Code concerning perimeter streets along McKinney Street. The approximately
0.35 acres of property was generally located at the northeast corner of McKinney Street and
Wood Street intersection. The Planning and Zoning Commission recommended approval (6-0).
(V05-0023, Klement Laundry)
This item was considered with Item 5A.
D. The Council considered a variance of Section 35.20.2.L.2 of the Denton
Development Code concerning perimeter streets along Wood Street. The approximately 0.35
acres of property was generally located at the northeast corner of McKinney Street and Wood
Street intersection. The Planning and Zoning Commission recommended approval (6-0).
(V05-
0024, Klement Laundry)
This item was considered with Item 5A.
E. The Council considered approval of a resolution casting votes for membership to
the Board of Directors of the Denton Central Appraisal District; and declaring an effective date.
Diana Ortiz, Chief Financial Officer, stated that this resolution would cast votes for membership
to the Board of Directors for the Denton Central Appraisal District. The City and DISD typically
combined their votes in an effort to have candidates elected. In October, the City and DISD
nominated Charles Stafford and Rick Woolfolk to the Board.
The following resolution was considered:
NO. R2005-048
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
McNeill motioned, Mulroy seconded to approve the resolution casting the City?s votes for
Charles Stafford and Rick Woolfolk. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?,
Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
City of Denton City Council Minutes
November 15, 2005
Page 9
F. The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
Diana Ortiz, Chief Financial Officer, stated that this resolution would nominate members to the
Appraisal Review Board of the Denton Central Appraisal District. The Board of Directors
appointed members to the Review Board. Currently five members of the Review Board had
terms that were expiring, all five members were eligible for reappointment and all five desired
to be considered for reappointment.
The following resolution was considered:
NO. R2005-049
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to approve the resolution nominating all five current
members whose terms were expiring. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?,
Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
G. The Council considered adoption of an ordinance of the City of Denton, Texas,
denying the request of JNC Partners Denton, LLC dated November 1, 2005 for inclusion in a
three-year annexation plan related to Annexation Case No. A05-0002 and declining its request
for arbitration; and providing an effective date.
City Attorney Snyder indicated that there was an incorrect reference to a subsection in the
th
proposed ordinance. The subsection should be (I) instead of (H). He stated that on October 4,
the city received a petition from JNC Partners Denton to be included in the City?s three-year
annexation plan. On October 18, the council approved Ordinance 2005-323 denying that
request. On November 1, JNC filed a new petition renewing its request to be included in a three-
year annexation plan and requesting arbitration if denied inclusion in the plan. The proposed
ordinance again denied JNC?s request to be included in a three-year annexation plan and declined
its request for arbitration.
Matt Miller, Hughes and Luce, submitted a speaker card in opposition to the ordinance. He
stated that the proposed ordinance declined arbitration as JNC failed to make a prima facie
showing that the proposed annexation fell within the scope of Subsection 43.052(i). He felt that
Subsection (i) did not include language requiring a prima facie showing. His firm had a similar
case in Rockwall for a similar reason. The Dallas Court of Appeals agreed with Hughes and
Luce. He brought that case for the Council to review. He indicated that the statute had language
for allowing the arbitrator to make determinations with any associated fees shifting to the
developer. Hughes and Luce requested Council to follow the ruling in
Hughes v. City of
and the decision from the Dallas Court of Appeals.
Rockwall
The following ordinance was considered:
City of Denton City Council Minutes
November 15, 2005
Page 10
NO. 2005-353
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE REQUEST
OF JNC PARTNERS DENTON, LLC DATED NOVEMBER 1, 2005 FOR
INCLUSION IN A THREE-YEAR ANNEXATION PLAN RELATED TO
ANNEXATION CASE NO. A05-0002 AND DECLINING IT?S REQUEST FOR
ARBITRATION; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance with the change in subsection
notation as indicated by the City Attorney. On roll vote, Heggins ?nay?, Kamp ?aye?, McNeill ?aye?,
Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried with a 6-1
vote.
H. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Dr. John Paul Eddy regarding a smoking ban in the Civic Center
and the Center for Visual Arts.
Dr. Eddy did not make a presentation.
B. Ed Soph regarding continuing concerns about Eureka!
Mr. Soph stated inorganic arsenic was still leaking out of the playground equipment and in the
soil around the equipment at Eureka! Park. He stated that the City assumed this was an
acceptable risk and the City downplayed the risk assessment. He suggested that city initiate
public discussions on how to replace the equipment at Eureka! Park.
I. New Business
Council suggested the following item of New Business for future agendas:
1. Council Member Kamp suggested exploring the possibility of the formation of
non-profit foundation for the animal shelter.
J. 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.
K. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
City of Denton City Council Minutes
November 15, 2005
Page 11
L. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:40 p.m.
___________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS