Minutes September 20, 2005
CITY OF DENTON CITY COUNCIL MINUTES
September 20, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 20, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding a
proposed Emergency Services District for Fire and Emergency Medical Services in the Argyle,
Bartonville and Copper Canyon jurisdictions and other County areas in the City of Denton's ETJ.
Ross Chadwick, Fire Chief, stated that the jurisdictions of Argyle, Bartonville, Copper Canyon,
Corral City, Northlake and other contiguous unincorporated Denton County areas within the
Argyle Volunteer Fire District have proposed the establishment of an Emergency Services
District for fire and emergency medical services. The process would be started by submission of
a petition to the County Judge from at least 100 voters who own taxable property within the
proposed district. A consent to form the District would be solicited from all cities included
within the proposed boundaries and municipal consent was also required from any city with an
extraterritorial jurisdiction designation within the proposed district. The Commissioners Court
had sole jurisdiction to grant or deny the petition. If the petition were granted, an election would
be held to confirm the creation of the District and to authorize the imposition of a tax levy within
the boundaries of the District. There were three options for Council to consider ? (1) if the City
did not intend to annex the areas of the District that fell within the City?s ETJ, it could consent to
the formation of the District which would ultimately benefit Robson Ranch in the areas of fire
protection and EMS mutual aid availability; (2) if the City did intend to annex any portion of the
area in the future, it could oppose the District due to future financial liabilities and provide fire
protection and EMS services to the area with City resources; or (3) if the city determined that it
may annex this area in its ETJ sometime in the future, it could oppose the District due to future
financial liabilities and voice its opposition to the Commissioners Court.
Council discussion-
Could the City contract fire and EMS services to any of these areas?
When would this proposal be going to Commissioners Court - Chadwick replied that no
decision had been made yet.
The attorney for the Argyle Fire Department wanted to know how the Council felt about
the proposal.
Consensus of the Council was to consider pursuing contract services. No decision would be
made at this meeting.
2. The Council received a report, held a discussion and gave staff direction regarding annual
technology contracts.
Alex Pettit, Director of Technology Services, stated that the City used several software and
hardware solutions to conduct daily business in every department. It was essential for the City to
upkeep current maintenance with the various vendors to ensure access to upgrades, software
City of Denton City Council Minutes
September 20, 2005
Page 2
fixes, hardware repair/replacement, technical support and licensing of these applications. He
presented spreadsheets detailing the annual expenditures that had been updated with the current
year?s information.
Council discussed the pros and cons of the various systems and in particular the Harris utility
billing system. It was felt that the billing system was not doing what it should do.
Mayor Pro Tem McNeill suggested forming a users group for input on the issues they had with
the system. He felt there was also a challenge with the Municipal Court system.
Council Member Mulroy felt that outcomes needed to come sooner.
Mayor Pro Tem McNeill recommended that over the course of the next year that the City
Manager get a report on the software and hardware regarding how it was working. He would
like a mid-year report and an end-of-the year report.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for September 20, 2005.
The Work Session adjourned at 5:30 p.m.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:35 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Council considered the following in Closed Meeting:
A. Consultation with Attorney ? Under Texas Government Code Section 551.071
and Deliberations Regarding Real Property ? Under Texas Government Code
Section 551.072.
1. Received legal advice from the City Attorney regarding the status and
possible settlement of condemnation proceedings styled
City of Denton v.
, Cause No. ED-2004-485,
Dana J. Beavers, aka Dana J. Smith, et al.
pending in the Probate Court of Denton County, Texas, being an
acquisition of a public utility easement out of a tract of land south of
McKinney Street on Loop 288.
B. Deliberations Regarding Real Property ? Under Texas Government Code Section
551.072.
1. Received a briefing and held a discussion regarding
confidential
information relating to valuation and to other factors involved in the
proposed abandonment and release of certain blanket electric utility
easements owned presently by the City on real property owned by Holigan
Land Development, Ltd.; said easements being located on a 160.023 acre
tract of land and being situated in the Gideon Walker Survey, Abstract No.
1330, Denton, Denton County, Texas.
City of Denton City Council Minutes
September 20, 2005
Page 3
C. Consultation with Attorney ? Under Texas Government Code Section 551.0.
1. Considered and discussed status of litigation styled
Tower v. City of
, Cause No. 4:05cv302, currently pending in the U.S. District
Denton
Court, Eastern District, Sherman Division.
D. Personnel Matters ? Under Texas Government Code Section 551.074.
1. Deliberated the evaluation, discipline, and duties, including contractual
duties, for the City Manager, City Attorney, and Municipal Court Judge.
Regular Meeting on Tuesday, September 20, 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
1. Council considered a Resolution of Appreciation for Kathy DuBose.
Thomson motioned, Mulroy seconded to approve the Resolution of Appreciation. On roll vote,
Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye?
and Mayor Brock ?aye?. Motion carried unanimously.
City Manager Conduff presented a plaque to Ms. DuBose recognizing her contributions to the
City of Denton.
B. September Yard-of-the-Month Awards
Mayor Brock presented the September Yard-of-the Month awards.
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3.BUDGET INDIVIDUAL ITEMS FOR CONSIDERATION
A. The Council considered adoption of an ordinance adopting the Budget and first year of
the Capital Improvement Plan of the City of Denton, Texas for the fiscal year beginning on
October 1, 2005 and ending on September 30, 2006; and declaring an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
September 20, 2005
Page 4
NO. 2005-247
AN ORDINANCE ADOPTING THE BUDGET AND FIRST YEAR OF THE CAPITAL
IMPROVEMENT PLAN OF THE CITY OF DENTON, TEXAS FOR THE FISCAL
YEAR BEGINNING ON OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30,
2006; AND DECLARING AN EFFECTIVE DATE.
Mulroy motioned, Kamp 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 consider adoption of an ordinance levying the ad valorem tax of the City of
Denton, Texas, for the year 2005, on all taxable property within the corporate limits of the city
on January 1, 2005, not exempt by law; providing revenues for payment of current municipal
expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for
limited exemptions of certain homesteads; providing for enforcement of collections; providing
for a severability clause; and providing an effective date.
The following ordinance was considered:
NO. 2005-248
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 2005, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2005, NOT
EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED
EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT
OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Thomson 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.
C. The Council considered adoption of an ordinance of the City of Denton, Texas,
approving the 2005 Tax Rolls; and providing an effective date.
The following ordinance was considered:
NO. 2005-249
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2005
TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 20, 2005
Page 5
Kamp motioned, McNeill 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.
4. BUDGET CONSENT AGENDA
Mulroy motioned, Montgomery seconded to adopt the budget Consent Agenda and
accompanying ordinances. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?,
Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
A. 2005-250 ? An ordinance amending the Schedule of Rates contained in Ordinance
No. 2004-386 for electric service; amending the local government service rate
(Schedule GL); amending the weekend rate (Schedule WK); amending the
athletic field rate (Schedule AF); amending the facility charge on the street
lighting rate (Schedule LS); amending the traffic lighting rate (Schedule LT);
amending the other lighting rate (Schedule LO); amending the facility charge on
the security lighting rate (Schedule DD); amending the facility charge on the
downtown decorative lighting rate (Schedule DDL); adding the decorative street
light rate (Schedule DSL); amending the temporary service rate (Schedule T1);
amendment of several provisions of the Energysave Program to clarify the
meaning thereof (Schedule EP); adding a dark fiber rate (Schedule DFR);
providing for a repealer; providing for a severability clause; and providing for an
effective date. The Public Utilities Board recommended approval (5-0).
B. 2005-251 ? An ordinance amending the Schedule of Water Rates contained in
Ordinance No. 2004-256 for water service and water rates; amending the
wholesale raw water service rate to Upper Trinity Regional Water District
(Schedule WRW); amending the wholesale raw water pass-through rate for Upper
Trinity Regional Water District from Lake Chapman into Lake Lewisville
(Schedule WCL); providing for a repealer; providing for a severability clause; and
providing for an effective date. The Public Utilities Board recommended
approval (5-0).
C. 2005-252 ? An ordinance amending the Schedule of Wastewater Rates contained
in Ordinance No. 2004-257 for Wastewater Service; amending the residential
wastewater service - facility charge and volume charge (Schedule SR); amending
the mobile home park - facility charge and volume charge (Schedule SMH);
amending the commercial/industrial wastewater service - facility charge, volume
charge, pretreatment program charge, sampling and analysis charge, and
surcharge; (Schedule SC); amending the commercial/industrial wastewater
service rate which measures with dedicated meters (sub-meters) water for
wastewater billing - facility charge, volume charge and surcharge (Schedule
SCD); amending the commercial/industrial wastewater service rate which
measures with dedicated meters (sub-meters) water excluded from wastewater
billing - facility charge and surcharge (Schedule SCS); amending the equipment
services facilities and restaurants and food service establishment - facility charge,
volume charge, pretreatment program charge, sampling and analysis charge, and
City of Denton City Council Minutes
September 20, 2005
Page 6
surcharge (Schedule SEE); amending the metered wastewater inside and outside
corporate limits - facility charge, volume charge, pretreatment program charge,
sampling and analysis charge, and surcharge (Schedule SM); amending the
wholesale wastewater treatment service for a governmental agency, division, or
subdivision ? facility charge, pretreatment program charge, volume charge,
sampling and analysis charge, and surcharge (Schedule SSC); removing the dyno
chips rate and adding an asphalt millings rate (Schedule CWM); providing for a
repealer; providing for a severability clause; and providing for an effective date.
The Public Utilities Board recommended approval (5-0).
D. 2005-253 ? An ordinance amending the schedule of rates for Solid Waste Service
contained in Ordinance Number 2004-258 as authorized by Chapter 24 of the
Code of Ordinances of the City of Denton, Texas; providing that the provisions of
Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of
the City of Denton, Texas shall expressly apply to City of Denton Solid Waste
Service; amending the Residential Solid Waste Collection Services Schedule
(SWR); amending the Residential Recycling and Processing Services Schedule
(SWRR); amending the Residential Financial Need Discount Schedule (SWRD);
adding the Multi-Family Recycling and Processing Services Schedule (MFR);
amending the Commercial Solid Waste Collection Services Schedule (SWC);
removing the Collection and Transportation Services Permit Schedule (SWP);
amending the Sanitary Landfill Services Schedule (SWl); providing for a repealer;
providing for a severability clause; and providing an effective date. The Public
Utilities Board recommended approval (5-0).
E. 2005-254 ? An ordinance providing for the schedule of miscellaneous fees,
deposits, billings and procedures for administrative services to City customers and
taxpayers contained in Ordinance No. 2004-387 and as also amended during
previous FY 2004-2005; providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board
recommended approval (5-0).
F. 2005-255 ? An ordinance providing for the payment of inspection services fees to
the City of Denton for public improvements constructed by developers, related to
private development; providing for the superseding of ordinances in conflict with
this ordinance; providing an effective date. The Public Utilities Board
recommended approval (5-0).
G. 2005-256 ? An ordinance of the City of Denton, Texas amending and wholly
substituting and superseding the provisions of Chapter 24 of the City of Denton
Code of Ordinances as attached hereto, regarding Solid Waste Service; providing
for a repealer, providing for a severability clause; and providing an effective date.
The Public Utilities Board recommended approval (5-0).
H. 2005-257 ? An ordinance approving the expenditure of funds for the purchase of
annual maintenance for Harris Public Utility Billing System and associated
software modules available from only one source in accordance with the
provision for State Law exempting such purchases from requirements of
City of Denton City Council Minutes
September 20, 2005
Page 7
competitive bids; and providing an effective date (File 3373 ? Purchase of Annual
Maintenance for Harris Public Utility Billing awarded to Harris Computer
Systems, Inc. in the amount of $56,755).
I. 2005-258 ? An ordinance approving the expenditure of funds for the purchase of
annual maintenance for VisionAir Public Safety Software System and associated
modules used for Police and Fire Department dispatching and records
management available from only one source in accordance with the provision for
State Law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3384 ? Purchase of Annual Maintenance for
VisionAir Public Safety Software System awarded to VisionAir, Inc. in the
amount of $148,079.66).
J. 2005-259 ? An ordinance approving the expenditure of funds for the purchase of
annual maintenance for Geographic Information System (GIS) software package
available from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3382 ? Purchase of Annual Maintenance for Geographic
Information System (GIS) Software Package awarded to Environmental Systems
Research Institute (ESRI) in the amount of $35,000.00).
K. 2005-260 ? An ordinance awarding a contract for the purchase of annual
maintenance for the Nortel phone system including 24 hours per day 7 days per
week support on all equipment located in City of Denton facilities as awarded by
the State of Texas Building and Procurement Commission through the Catalog
Information Service Vendor (CISV) Catalog Program; providing for the
expenditure of funds therefor; and providing an effective date (File 3378 ? Annual
Maintenance for Nortel Phone System awarded to Verizon Southwest in the
amount of $44,092.85).
L. 2005-261 ? An ordinance awarding a contract for the purchase of continued
software maintenance, and services for the LaserFiche Document Imaging System
currently being used by the City of Denton from VP Imaging, as awarded by the
State of Texas General Services Commission through the Catalog Information
Services Vendor (CISV), formerly known as Qualified Information Services
Vendor (QISV), providing for the expenditure of funds therefor; and providing an
effective date (File 3381 ? Purchase of Annual Maintenance for LaserFiche
Document Imaging System awarded to VP Imaging, in the amount of
$42,848.20).
M. 2005-262 ? An ordinance authorizing the execution of change order two to a
contract for lease purchase financing of PC?s, monitors, and peripheral equipment
for Utility and General Government (with the exception of Public Safety)
Departments between the City of Denton and Dell Government Leasing and
Finance; providing for an increase in the time period and an increase in the annual
lease payment amount; and providing for the expenditure of funds therefor; and
providing an effective date (File 3110 ? Dell Government Leasing and Finance
awarded in the amount of $1,056,923.70, change order one in the amount of
$331,241.64 and change order two in the amount of $116,626.32 for a total of
$1,504,791.66).
City of Denton City Council Minutes
September 20, 2005
Page 8
N. 2005-263 ? An ordinance awarding a contract approving the expenditure of funds
for the purchase of Mitsubishi 80kVA UPS and distribution system available from
only one source in accordance with the provision for State Law exempting such
purchases from requirements of competitive bids; and providing an effective date
(File 3379 ? Mitsubishi 80kVA UPS and distribution system awarded to Data
Com Power, Inc., in the amount of $61,101).
O. 2005-264 ? An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Millennium Library
System and associated hardware and software modules available from only one
source in accordance with the provision for State Law exempting such purchases
from requirements of competitive bids; and providing an effective date (File 3371
? Purchase of Annual Maintenance for Millennium Library System awarded to
Innovative Interfaces, Inc. in the amount of $33,069).
P. 2005-265 ? An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle Relational
Database Software available from only one source in accordance with the
provision for State Law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3374 ? Purchase of
Software Maintenance for Oracle Relational Database Software awarded to
Oracle USA, Inc. in the amount of $35,860).
Q. 2005-266 ? An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle EnterpriseOne
(formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) software
package available from only one source in accordance with the provision for State
Law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3372 ? Purchase of Annual Maintenance for
Oracle Enterprise One Software Package awarded to Oracle USA, Inc. in the
amount of $89,900).
R. 2005-267 ? An ordinance awarding a contract for the purchase of annual
maintenance for the City of Denton Cisco networked devices (Smartnet) including
switches, hubs, routers, and Cisco IP phone equipment including 24 hour/7 days
per week Technical Assistance Center (TAC) support on all equipment located in
City of Denton facilities as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3377 ? Annual Maintenance for Cisco
Networked Devices awarded to InterNetwork Experts in the amount of $88,696).
S. 2005-268 ? An ordinance awarding a contract for the purchase of software
maintenance for continued vendor support of the Informix Dynamic Server
Relational Database software as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3370 ? Purchase of Software Maintenance for
Informix Dynamic Server Relational Database Software awarded to CompuCom
Systems, Inc. in the amount of $64,817.00).
City of Denton City Council Minutes
September 20, 2005
Page 9
T. 2005-269 ? An ordinance awarding a contract for the purchase of continued
software license maintenance for the City of Denton?s Novell products as
approved by the State of Texas Building and Procurement Commission
Department of Information Resources (DIR); providing for the expenditure of
funds therefor; and providing an effective date (File 3380 ? Annual Software
License Maintenance for Novell Products and Acquisition of Additional Novell
Licenses awarded to SHI-Government Solutions in the amount of $98,051.05).
U. 2005-270 ? An ordinance awarding a contract under the Catalog Information
Services Vendor (CISV) program for the purchase of a Unitrends DPU-5000 Data
Protection Unit, and DPV-5000 Data Protection Vault as awarded by the State of
Texas Building and Procurement Commission contract CISV # ;
providing for the expenditure of funds therefor; and providing an effective date
(File 3376 ? Purchase of Unitrends DPU-5000 Data Protection Unit, and DPV-
5000 Data Protection Vault, awarded to ARW Systems, LLC. in the amount of
$198,744).
V. 2005-271 ? An ordinance approving the expenditure of funds for the purchase of
annual service access and support for the General Packet Radio Services (GPRS)
wireless computer network for the Public Safety mobile computers used by City
of Denton Police, Fire and EMS personnel available from only one source in
accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; and providing an effective date (File 3383 ?
Purchase of Annual Service Access and Support for General Packet Radio
Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the
amount of $117,289.80).
W. 2005-272 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Black Chamber of Commerce for the payment
and use of hotel tax revenue; and providing an effective date.
X. 2005-273 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Chamber of Commerce (Convention and
Visitor Bureau) for the payment and use of hotel tax revenue; and providing an
effective date.
Y. 2005-274 ? An ordinance authorizing the Mayor to execute an interlocal
agreement between the City of Denton and Denton County for the payment and
use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-
Selby House and the African American Museums; and providing an effective
date.
Z. 2005-275 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Community Theatre, Inc. for the payment and
use of hotel tax revenue; and providing an effective date.
City of Denton City Council Minutes
September 20, 2005
Page 10
AA. 2005-276 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Festival Foundation for the payment and use of
hotel tax revenue; and providing an effective date.
BB. 2005-277 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Greater Denton Arts Council for the payment and use
of hotel tax revenue; and providing an effective date.
CC. 2005-278 ? An ordinance authorizing the Mayor to execute an 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.
DD. 2005-279 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Holiday Festival Association, Inc. for the
payment and use of hotel tax revenue; and provide an effective date.
EE. 2005-280 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Central Business District Association of Denton,
Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax
revenue; and providing an effective date.
FF. 2005-281 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the North Texas State Fair Association for the payment
and use of hotel tax revenue; and providing an effective date.
GG. 2005-282 ? An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Tejas Storytelling Association, Inc. for the payment
and use of hotel tax revenue; and providing an effective date.
5. CONSENT AGENDA
Kamp motioned, McNeill seconded to adopt the Consent Agenda and accompanying ordinances
and resolutions.
A Request to Speak Card was submitted by Wally Creel regarding Item 5.O. He spoke in
support of the item.
On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?,
Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
7-0
A. 2005-283 ? An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Opening Doors Immigration Services for
provision of assistance to victims of domestic violence; providing for the
expenditure of funds therefor; and providing for an effective date.
City of Denton City Council Minutes
September 20, 2005
Page 11
B. 2005-284 ? An ordinance authorizing the City Manager to execute a personal
services agreement with Barbara T. McCall Associates, Inc. to provide certain
information and services with regard to legislation of interest to the city.
C. 2005-285 ? 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 3396 ?
Electrical Energy Transmission Fees in the total amount of $134,421). The Public
Utilities Board recommended approval (4-0).
D. 2005-286 ? An ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the Dallas Independent School
District, Texas under Section 271.102 of the Local Government Code, to
authorize participation in various Dallas Independent School District contracts for
the purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 3404 ? Interlocal Agreement with
the Dallas Independent School District).
E. 2005-287 ? An ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Agreement with the Dallas Independent School
District under Section 271.102 of the Local Government Code, for the purchase of
products and services for an onsite vehicle parts facility; providing for the
expenditure of funds therefor; and providing an effective date (File 3405 ?
Interlocal Agreement for the Purchase of Products and Services for an Onsite
Vehicle Parts Facility with the Dallas Independent School District, contract
awarded to Genuine Parts Company in the estimated amount of $839,946).
F. 2005-288 ? An ordinance authorizing the City Manager or his designee to execute
a professional services agreement with the firm of Arthur Surveying Co., Inc. to
provide professional surveying services in support of the City of Denton
Engineering Department; authorizing the expenditure of funds therefor and
providing an effective date (PSA 3219 ? in an amount not to exceed $200,000).
The Public Utilities Board recommended approval (4-0).
G. 2005-289 ? An ordinance accepting sealed proposals and awarding a contract for
Benefit Consultant Services for the City of Denton; providing for the expenditure
of funds therefor and providing an effective date (RFP 3355 ? Benefit Consultant
Services awarded to McGriff, Seibels and Williams in the annual amount of
$48,500).
H. 2005-290 ? An ordinance of the City Council of the City of Denton, Texas
approving payment for the purchase and installation of Caron compactor parts;
and providing an effective date (File 3401 ? Purchase of Wheels for Landfill
Compactor awarded to Caron Compactor Company in the amount of $34,397.84).
The Public Utilities Board recommended approval (4-0).
City of Denton City Council Minutes
September 20, 2005
Page 12
I. 2005-291 ? An ordinance of the City of Denton, Texas amending the provisions
of Chapter 6 relating to Animals by amending Sections 6-27 regarding the
keeping of livestock; providing for a severability clause; providing a repealer
clause; providing a savings clause; providing for a penalty not to exceed $500 for
violations of this ordinance; and providing for an effective date.
J. 2005-292 ? An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Greater Denton Arts Council for the
development and marketing of exhibitions at the Fall Festival; providing for the
expenditure of funds therefor; and providing for an effective date.
K. 2005-293 ? An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the American Legion to assist in
purchasing food, providing monetary assistance to subsidize utility bill and rental
payments for citizens and for subsidizing medical costs for senior citizens,
providing for the expenditure of funds therefor; and providing for an effective
date.
L. 2005-294 ? An ordinance of the City of Denton, Texas authorizing settlement of
an eminent domain action styled C
ity of Denton, Texas v. Dana J. Beavers aka
, Cause No. ED-2004-485, filed in the Probate Court of
Dana J. Smith, et al.
Denton County; authorizing the City Manager and the City?s attorneys to act on
the City?s behalf in executing any and all documents, and to take other actions
necessary to finalize the settlement; authorizing the expenditure of funds therefor;
and declaring an effective date.
M. 2005-295 ? An ordinance of the City of Denton, Texas approving an interlocal
agreement by and between the City of Denton, Texas and the Town of Copper
Canyon, Texas to provide gas well inspection services; and providing an effective
date. The Public Utilities Board recommended approval (5-0).
N. 2005-296 ? An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a First Amendment to Professional
Services Agreement with Kimley-Horn & Associates, Inc. for additional
Professional Engineering Services related to the Final Design of the Southwest
Booster Pump Station and Storage Facilities; authorizing the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board
recommended approval (5-0).
O. 2005-297 ? An ordinance authorizing the abandonment and release of certain
blanket electric utility easements owned by the City, to the extent that they
encumber certain real property owned by Holigan Land Development, Ltd.
containing approximately 160.023 acres and being located in the Gideon Walker
Survey, Abstract No. 1330, Denton, Denton County, Texas; and providing an
effective date. The Public Utilities Board recommended approval (4-0).
P. 2005-298 ? An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with
City of Denton City Council Minutes
September 20, 2005
Page 13
Wolfe, Tidwell & McCoy, LLP for professional legal services relating to
litigation styled , Cause No. 4:05cv302 currently pending
Tower v. City of Denton
in the U.S. District Court, Eastern District, Sherman Division; authorizing the
expenditure of funds therefor; and providing an effective date.
Q. R2005-034 ? A resolution of the City of Denton finding and determining that the
number of inhabitants in the City of Denton is in excess of 100,000; and
providing an effective date.
R. 2005-299 ? An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an asset purchase agreement, bill of sale and other
documents transferring all buses, equipment and other assets from the city
passenger motor carrier transit system known as LINK to the Denton County
Transportation Authority and authorizing the Mayor to execute an assignment of
that certain agreement to provide the services for the passenger motor carrier
transit system known as LINK, with McDonald Transit Associates, Inc. dated
April 16, 2002, as amended, to the Denton County Transportation Authority;
authorizing the extension of that certain interlocal cooperation agreement with the
Denton County Transportation Authority effective October 1, 2004 and an
extension of the McDonald Transit Associates, Inc. agreement, if necessary,
authorizing necessary actions and the expenditure of funds to complete the
transfer; and providing an effective date.
S. 2005-300 ? An ordinance of the Denton City Council approving and authorizing
the Mayor to execute a master lease agreement providing for the lease of certain
tracts of realty at the City of Denton Landfill, by and between the City of Denton,
Texas, as lessor and the Denton County Transportation Authority, as lessee;
authorizing the expenditure of funds therefor; and providing an effective date.
6. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
approving an amendment to the Detailed Plan for Planned Development 173 (PD-173) zoning
district for approximately 33.65 acres. The subject property was generally located on the north
side of Robson Ranch Road, approximately 2,500 feet east of Florence Road. The Planning and
Zoning Commission recommended approval (7-0).
(Z05-0017, Robson Ranch Golf Course)
Kelly Carpenter, Director of Planning and Development, stated that the applicant requested
approval of the Detailed Plan Amendment in order to add 11.37 acres of land to the Plan
extending the golf course. The applicant also requested some minor lot line changes within the
remaining 22.28 acres of the subject site.
The Mayor opened the public hearing
No one spoke during the public hearing.
The Mayor closed the public hearing
City of Denton City Council Minutes
September 20, 2005
Page 14
The following ordinance was considered:
NO. 2005-301
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
2000-059 TO ADD 11.37 GOLF COURSE ACRES TO THE DETAILED PLAN FOR
THE PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT AND LAND
USE CLASSIFICATION INCREASING THE TOTAL ACRES IN THE DETAIL PLAN
FROM 1361.3 ACRES TO 1,372.67 ACRES; SAID PD-173 CONTAINS
APPROXIMATELY 1361 ACRES AND IS COMMONLY KNOWN AS ROBSON
RANCH; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0017)
McNeill 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 held a public hearing and considered adoption of an ordinance
approving the zoning of 95.16 acres from Neighborhood Residential (NR-2) to Neighborhood
Residential (NR-6) with an overlay district. The property was located in Tract 4A of the William
Roark Survey and Tract 11 of the J Edmondson Survey and was generally located on the east
side of Bonnie Brae, 1,300 feet west of US 377, and 2,800 feet south of Roselawn Drive. The
Planning and Zoning Commission recommended approval (7-0).
(Z05-0020, Glenwood
Meadows)
Kelly Carpenter, Director of Planning and Development, briefed the Council on the details of the
proposal. The applicant requested the rezoning of the property to NR-6 with an overlay district.
The overlay would include the development standards that the development would consist only
of single-family detached homes and the density would be capped at 2.29 dwelling units per acre
for the 95.16 acres. Council had tabled the proposal from its November 16, 2004 meeting. At
that time Council had asked extensive questions about the flood plain and requested flood plain
studies. Council had since received that information.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Wally Creel, 15950 Dallas Parkway, Dallas, in support
Comment Cards were received from the following individuals:
Elsie Harris, 15950 Dallas Parkway, Dallas, in support
Jason Stephen, 7950 Elmbrook, Dallas, in support
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
September 20, 2005
Page 15
NO. 2005-302
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF APPROXIMATELY 95.16 ACRES FROM NEIGHBORHOOD
RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) WITH AN
OVERLAY DISTRICT GENERALLY LOCATED ON THE EAST SIDE OF BONNIE
BRAE, 1300 FEET WEST OF US 377 AND 2800 FEET SOUTH OF ROSELAWN
DRIVE LOCATED IN THE WILLIAM ROARK SURVEY ABSTRACT NUMBER
1087 AND THE J EDMONDSON SURVEY, ABSTRACT NUMBER 400 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0020)
McNeill motioned, Kamp 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.
C. The Council held a public hearing and received citizen input on an ordinance of
the City of Denton, Texas amending the Denton Comprehensive Plan to include the Open Space
Concept Plan; and providing for an effective date.
Janet Fitzgerald, Director of Parks and Recreation, stated the Plan had received public review
and had been reviewed by the Parks, Recreation and Beautification Board and also the Planning
and Zoning Commission. She stated that there was some discussion among staff as to whether
this should be adopted as a stand-alone document or as an amendment to the Comp Plan.
Mayor Brock asked if this would affect the content and how it would be implemented.
Fitzgerald stated that staff would bring an implementation plan to Council at a later date.
Council Member Mulroy asked what aspect of this plan would disqualify it from being part of
the Comprehensive Plan.
Fitzgerald stated that there were a number of master plans that supported the Comprehensive
Plan but they were not amendments to the Comprehensive Plan.
Council Member Mulroy asked for an update in memo form of what the rationale was for the
different direction that was proposed.
Council Member Kamp requested that the Committee on the Environment look at the Plan before
it was brought back to Council.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
September 20, 2005
Page 16
No action was required on this item.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a grant agreement from the Texas Department of
Housing and Community Affairs for Emergency Shelter Grant Program and to take all other
actions necessary; and providing for an effective date.
Council Members Mulroy, Thomson, and Montgomery left the meeting with potential conflicts
of interest.
Barbara Ross, Community Development Coordinator, stated that the Texas Department of
Housing and Community Affairs had awarded emergency shelter grant program funds to the
City. The award would be used to support homeless and homelessness prevention services
provided by HOPE, Inc., the Salvation Army, Christian Community Action and Denton County
Friends of the Family.
The following ordinance was considered:
NO. 2005-303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FROM THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR EMERGENCY
SHELTER GRANT PROGRAM AND TO TAKE ALL OTHER ACTIONS
NECESSARY; AND PROVIDING FOR AN EFFECTIVE DATE.
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, McNeill ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
B. The Council considered appointing a voting delegate and an alternate voting
delegate to the National League of Cities Annual Congress of Cities.
McNeill motioned, Mulroy seconded to appoint Bob Montgomery as voting delegate and
Charlye Heggins as alternate voting delegate. 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 approval of a resolution appointing members to the Board
of Directors of the North Texas Higher Education Authority; and declaring an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that the three incumbents had expressed a
willingness to serve another term. Those names were submitted for Council?s consideration for
reappointment.
The following resolution was considered:
City of Denton City Council Minutes
September 20, 2005
Page 17
NO. R2005-035
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE
Mulroy motioned, Heggins seconded to nominate Jerry Falbo, Lindsay Keffer and Jim Brock to
the Board of Directors of the North Texas Higher Education Authority. On roll vote, Heggins
?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and
Mayor Brock ?aye?. Motion carried unanimously.
D. The Council considered approval of a resolution nominating members to the
Board of Directors of the Denton Central Appraisal District; and declaring an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that the incumbents wee willing to serve again.
Once nominations from all taxing jurisdictions were received, a ballot would be sent to the City
for Council to cast their vote to elect a member at the November 15, 2005 Council meeting.
Consensus of the Council was to hold consideration of this item until the DISD had taken action
and then coordinate the nominations with the DISD.
E. The Council considered nominations/appointments to the City?s Economic
Development Partnership Board.
Linda Ratliff, Director of Economic Development, stated that the Council appointed a
nominating committee at the September 6, 2005 meeting to present a slate of nominees for the
Economic Development Partnership Board for Council consideration.
Kamp motioned, McNeill seconded to accept the nominations of Euline Brock, Jerry
Mohelnitzky, and Harry Crumpacker. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?,
Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
F. The Council considered nominations/appointments to the City?s Boards and
Commissions.
No nominations/appointments were made at this meeting.
G. New Business
Council did not suggest any items of New Business for future agendas.
H. 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.
City of Denton City Council Minutes
September 20, 2005
Page 18
I. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
J. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:43 p.m.
_____________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
______________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS