April 04, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
April 4, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 4, 2006 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
impounding vehicles for Failure to Maintain Financial Responsibility (no insurance) and the
limitations of the City of Denton Vehicle Pound.
Capt. Paul Abbott, Denton Police Department, presented information on the current impound
yard. The current location was at the Service Center and had been at that location since 1980.
The initial capacity was 75 vehicles in 1980 and was still 75 vehicles in 2006. There were
associated environmental issues with the current pound with runoff from the cars into a creek
next to the pound fence. The vehicle pound cost more than the revenue received. Options
included maintain the current facility, build a new facility, or outsource the towing and storage.
Staff was recommending outsourcing the towing and storage of the vehicles. A proposed
ordinance would only apply to police initiated towing and storage requests. He had spoken with
area towing businesses and they appeared to be in favor of such a proposed ordinance. The
police department would maintain a smaller impound lot at the current site for evidentiary holds.
Council asked if the procedure were outsourced how many officers could be redirected. Abbott
replied an estimated 1.6 full time employees could be redirected. Council asked if there would
be convenient storage locations if outsourced. Abbott replied that there would have to be a two-
hour turnaround time.
Abbott continued with information concerning towing for no insurance. Currently the city did
not have the space to tow in cars with no insurance. In 2005, there were 3,136 citations for no
financial responsibility. Staff was requesting direction from Council on whether to impound all
non-insured vehicles identified as a result of a traffic stop or collision or impound non-insured
vehicles identified as a result of a collision investigation. Staff was recommending Option 2 to
impound non-insured vehicles identified as a result of a collision investigation. This would give
staff time to gather information from other cities on their procedures.
Council discussion -
Option 2 provided no incentive to keep up insurance.
Option 2 was a step in the right direction but did not provide a long-term solution to
keeping insurance current.
An important element would be the latitude for officers to make judgment decisions on
when to tow and when to not tow.
Companies would have to apply for a permit with a rotation list similar to the present
practice. The companies would be local.
Make sure no gap in liability and insurance requirements.
City of Denton City Council Minutes
April 4, 2006
Page 2
Consensus of Council was to proceed with the outsourcing of the towing and storage and option
1 for towing with no insurance.
2. The Council received an updated 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
DentonÓs ETJ.
Ross Chadwick, Fire Chief, stated that in the past, staff had discussions with Council on the legal
ramifications of this District and how it would impact the City of Denton. The District had now
been formed and Denton had 60 days to make a decision on whether to agree or oppose that
formation. An election was schedule for November 2006 to form the EMS District. If the City
did not plan to annex any of this area, it might consent to the district formation. If it did intend
to annex some of the district it might want to oppose the formation due to financial liabilities.
The staff recommendation was to provide written consent prior to May 5, 2006 for the formation
of the district as filed with the County and determine the provisions of fire and EMS services to
the annexed areas in the future.
Consensus of the Council was to proceed with the staff recommendation.
3. The Council received a report, held a discussion, and gave staff direction regarding Fire
Station #7 construction bids.
Council Member Mulroy left the meeting.
Ross Chadwick, Fire Chief, stated that the design specifications and plans for Fire Station #7 had
gone out with 5 bids received. The average base bid was $3.4 million with a budget of $2.5
million. The selection process involved an interview committee of 9 members. The scoring
process involved 7 voting members with posted scoring criteria that included cost amount and
completion time; experience and reputation; personnel and subcontractors; and financial history
and safety. Using these four areas, the scores were placed in a spreadsheet with the Hisaw firm
rating highest. The staff recommendation was to contract with Hisaw and Associates for $3.4
million. That would require an additional $941,460 to the budget. The staff recommendation
was to also allocate the expenditure of additional funds to achieve silver award LEED. The
approved budget would also authorize the purchase of a fire engine and equipment for Station 7.
That would require the issuance of Certificates of Obligation for $1 million to fund the additional
financial requirements.
Council Member Mulroy returned to meeting.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for today's City Council regular meeting of April 4, 2006.
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.
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April 4, 2006
Page 3
1. Closed Meeting:
A. Consultation with Attorney Î Under Texas Government Code Section 551.071
1. Consultation with the CityÓs attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the CityÓs northern ETJ,
under Annexation Case No. A05-0002, along with other legal issues
related to the annexation, including zoning, land use and subdivision
controls, plat applications, 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 CityÓs attorneys to
the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas or would jeopardize the CityÓs legal
position in any administrative proceedings or potential litigation.
2. Considered and discussed status of litigation styled Sheldon Bromberg v.
City of Denton, Cause No. 2005-40017-362, currently pending in the
362nd District Court, Denton County, Texas.
3. Consultation with the CityÓs attorneys regarding legal issues pertaining to
the place of business of an entity for determining sales tax liability, and
related legal issues. A public discussion of these legal matters would
conflict with the duty of the CityÓs attorneys to the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas or would jeopardize the CityÓs legal position in any administrative
proceedings or potential litigation.
Item 2 of the Closed Session was not considered. Closed Session ended at 6:31 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, April 4, 2006 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. Recognition of the receipt of the National Arbor Day Foundation's Tree
City USA award presented by the Texas Forest Service to the City of
Denton.
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April 4, 2006
Page 4
Courtney Blevins, Texas Forest Service, presented the National Arbor Day FoundationÓs Tree
City award.
Mayor Brock presented proclamations for Denton Redbud Festival Day and Sexual Assault
Awareness Month.
3. CONSENT AGENDA
Mayor Brock indicated that Items O and P would be pulled for separate consideration. Item F
was pulled from consideration.
Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Items O and P. On roll vote, Heggins ÐayeÑ,
Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock
ÐayeÑ. Motion carried unanimously.
A. 2006-087 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Tejas Storytelling Association for supplemental
funding for entertainment at the Texas Storytelling Festival; providing for the
expenditure of funds therefor; and providing an effective date.
B. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1. Louy, Jay & Stephanie Overpayment 2005 $ 7,953.11
2. Cycle Center of Denton Duplicate Payment 2005 $ 2,713.63
3. Baker Distributing Co Overpayment 2005 $ 2,326.69
4. Dinsmore, Gerald Overpayment 2005 $ 1,802.06
5. Presbyterian Hospital of Denton Duplicate Payment 2005 $ 1,186.82
6. Presbyterian Hospital of Denton Duplicate Payment 2005 $ 1,140.35
7. Glendora Management LLC Duplicate Payment 2005 $ 957.82
8. Glendora Management LLC Duplicate Payment 2005 $ 860.61
9. Glendora Management LLC Duplicate Payment 2005 $ 860.61
10. First American Title Ins/Pearson, Duplicate Payment 2005 $ 699.76
Douglas
11. First American/Hardesty, Gerald Duplicate Payment 2005 $ 615.45
& Susan
12. Citi Mortgage Inc Duplicate Payment 2005 $ 503.99
C. 2006-088 - An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund
with Certificates of Obligation so that a crematorium for the Animal Shelter can
be replaced; declaring an emergency and amending the 2005-06 Capital
Improvement Budget to allow funding for said project; and providing an effective
date. (Related costs Î $90,000)
D. 2006-089 - An ordinance providing for the expenditure of funds for the
emergency purchase of a replacement crematorium for the Animal Services
Department in accordance with provisions of State Law exempting such
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April 4, 2006
Page 5
purchases from requirements of competitive bidding; and providing an effective
date (File 3491 Î Emergency Purchase of Animal Services Crematorium awarded
to FC Industries, Inc. in the amount of $75,004).
E. 2006-090 - An ordinance of the City of Denton, Texas approving the First
Amendment to Interlocal Cooperation Agreement by and between the DCTA and
the City of Denton for the ELAP Program dated January 1, 2004; authorizing the
Mayor to execute and deliver said First Amendment; accepting and recognizing
that certain Letter of Understanding dated March 14, 2006, issued to the City by
the Executive Director of the Denton County Transportation Authority; providing
for the expenditure of funds therefor; and providing an effective date. The
Mobility Committee recommended approval.
F. This item was not considered
G. 2006-091 - An ordinance approving an Interlocal Cooperation Agreement by and
between the City of Denton, Texas and the City of Corinth, Texas to provide gas
well inspection services; and providing an effective date. The Public Utilities
Board recommended approval (5-0).
H. R2006-010 - A resolution authorizing the City of Denton, as Trustee, to sell
certain real property; consenting to the sale of certain real property to the highest
bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to
execute a deed without warranty and any other documents necessary or
appropriate to convey certain real property sold by the City of Denton, as Trustee,
pursuant to section 34.05 of the Texas property tax code; and providing for an
effective date.
I. 2006-092 - An ordinance accepting competitive bids and awarding a two year
contract for Mowing for various City departments; providing for the expenditure
of funds therefor; and providing an effective date (Bid 3463 Î Two Year Contract
for Mowing awarded to the lowest responsible bidder, for each section, in the
annual estimated amount of $299,368.22).
J. 2006-093 - An ordinance accepting competitive bids and awarding an annual
contract for park land maintenance products; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3468 Î Annual Contract for
Park Land Maintenance Products awarded to the lowest responsible bidders as
listed on Exhibit A for each section in the annual estimated amount of $45,000.)
K. 2006-094 - 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 eleven refuse trucks, a scraper, a
vacuum excavation system, and a Unimog for the City of Denton Solid Waste
Department, and a dump truck for Water Distribution by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3484 Î
Interlocal Agreement for the purchase of Refuse Trucks and Heavy Equipment for
Solid Waste Department and Water Distribution awarded to Holt CAT in the
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April 4, 2006
Page 6
amount of $564,740.00, Rush Peterbilt Dallas in the amount of $1,194,114.00,
Freightliner of San Antonio, LTD. in the amount of $223,971.00, Earle Kinlaw
Associates, Inc. in the amount of $40,567.30, and McNeilus Truck and
Manufacturing in the amount of $749,461.00, for a total award of $2,772,853.30).
The Public Utilities Board recommended approval (7-0).
L. 2006-095 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of one motor pool
replacement vehicle each for the City of Denton Electric Operations, Drainage,
Water Production and Wastewater Biosolids Divisions by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3485 Î
Interlocal Agreement for the purchase of Fleet Vehicles for Electric Operations,
Drainage, Water Production and Wastewater Biosolids with H-GAC awarded to
Philpott Ford in the amount of $55,238, and to Romco Equipment in the amount
of $585,280 for a total award of $640,518). The Public Utilities Board
recommended approval (7-0).
M. 2006-096 - 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 12 cubic yard dump truck with OX
dump body and a 2.5 cubic yard wheel loader for the City of Denton Street
Division by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 3486 Î Interlocal Agreement for the purchase of
12 Cubic Yard Dump Truck awarded to Rush Peterbilt Dallas in the amount of
$93,295, and 2.5 Cubic Yard Wheel Loader awarded to Holt CAT in the amount
of $145,900 for a total award of $239,195).
N. 2006-097 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with the firm of Booziotis and Company Architects to
provide architectural services for the design of the South Branch Library
Expansion and redesign of the existing parking lot; authorizing the expenditure of
funds therefor; and providing an effective date (File 3407 in an amount not to
exceed $126,925).
O. 2006-098 - An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund
with Certificates of Obligation so that a contract may be awarded for the
construction of Fire Station 7 and the purchase of a fire engine; declaring an
emergency and amending the 2005-06 Capital Improvement Budget to allow
funding for said project; and providing an effective date. (Related costs Î
$1,000,000)
P. 2006-099 - An ordinance accepting sealed competitive proposals and awarding a
contract for the construction of Fire Station # 7; providing for the expenditure of
funds therefor and providing an effective date (RFSCP 3458 Î Fire Station #7
awarded to Hisaw and Associates in an amount not to exceed $3,441,460).
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April 4, 2006
Page 7
Q. 2006-100 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of ten Mobil Vision In-
Car Digital Recording Systems for the City of Denton Police Department, which
are available from only one source in accordance with the pertinent provisions of
Chapter 252 of the Texas Local Government Code exempting such purchases
from the requirements of competitive bidding; and providing an effective date
(File 3489 Î to L-3 Communications Mobile Vision, Inc. in the amount of
$58,059).
Council Member Mulroy left the meeting with a conflict of interest.
Item O was considered.
Jon Fortune, Assistant City Manager, stated that this was a mechanism to reimburse current
funds by issuing certificates of obligation in next bond sale, which was scheduled in May.
Kamp motioned, McNeill seconded to approve Item O. On roll vote, Heggins ÐayeÑ, Kamp
ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion
carried unanimously.
Item P was considered.
Ross Chadwick, Fire Chief, stated that this item was for the construction contract for Fire Station
#7. Staff had performed a comprehensive selection process for selection of this contractor. They
had agreed on a time frame and contract price with the selected bidder.
Kamp motioned, McNeill seconded to approve Item P. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ,
McNeill ÐayeÑ, Montgomery ÐnayÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried with
a 5-1 vote.
Council Member Mulroy returned to the meeting.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered a request for an exception to the Noise Ordinance for the
purpose of a music festival, Fry Street Fair, conducted by Delta Lodge, in the area of Fry Street,
behind Lucky LouÓs, and the backyard of the Delta Lodge. The event is to be on Saturday, April
22, 2006, from 12:00 p.m. to 9:00 p.m. The exception is specifically requested for an increase in
the maximum allowable decibels for an outdoor music festival from 70 decibels to 75 decibels.
Charles Wiley, Police Chief, indicated that the Police Department had requested that the music
end at 8:00 p.m. for security reasons and to disband the crowd. The Delta Lodge was requesting
that the music end at 9:00 p.m. to allow for a better opportunity to provide a more favorable Fair
to their customers. They were also requesting an increase in the noise level from 70 to 75
decibels. Amplified sound would be used for both music and public announcements.
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April 4, 2006
Page 8
Council discussion Î
What was the staff assessment of the level of cooperation with Delta Lodge Î Staff
responded it was more than in previous years.
Were there any outstanding debts from the prior year left to pay Î The Lodge needed to
th
prepay UNT by April 10 in order to use UNT parking lots this year. There were no
other outstanding debts.
What was the decibel level last year Î Staff responded it was 70 last year with a request
for 75 this year.
Mark Teich, 1305 W. Oak, Denton 76201, spoke in favor of the request.
Council continued discussion -
The wording of the agenda item indicated that there would be an increase in allowable
decibels from 70-75. Staff had determined that the level was the same as last year so no
new ground was being broken with the requested decibel level.
The main issue was a public safety issue Î the changing from dispersing the crowd from
dusk to dark with more potential problems with dispersing the crowd in the dark.
Mulroy motioned, McNeill seconded to approve the variance subject to the public safety issue of
the permit. The hours of the event would be 12 noon - 9:00 p.m. with 75 decibels allowed for
the music. Delta Lodge would still need to work with the Fire MarshalÓs office for required
permits. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ, Mulroy
ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously.
B. The Council considered nominations/appointments to the CityÓs Boards and
Commissions.
Mayor Pro Tem McNeill nominated Charles Brown to the Airport Advisory Board. He asked
that the Council consider waiving the rules and voting on the nomination at this meeting.
McNeill motioned, Montgomery seconded to suspend Council rules and vote on the nomination
at this meeting. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ,
Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously.
McNeill motioned, Mulroy seconded to approve the nomination of Charles Brown to the Airport
Advisory Board. On roll vote, Heggins ÐayeÑ, Kamp ÐayeÑ, McNeill ÐayeÑ, Montgomery ÐayeÑ,
Mulroy ÐayeÑ, Thomson ÐayeÑ and Mayor Brock ÐayeÑ. Motion carried unanimously.
Council Member Montgomery nominated Bob Ralph to the Construction Advisory and Appeals
Board.
City of Denton City Council Minutes
April 4, 2006
Page 9
Council Member Kamp nominated Alyson Coe to the Parks, Beautification and Recreation
Board.
Mayor Pro Tem McNeill nominated Philip Jordan to the Zoning Board of Adjustment as an
alternate.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Bob Clifton regarding city business.
Mr. Clifton indicated that the City Council needed to hire a consulting firm to hire a new city
manager. He spoke on the storm drainage fee. He requested information on an explanation on
information he received from a previous open records request.
B. Anna Campbell regarding a noise variance and time extension for
the Fry Street Fair.
Ms. Campbell did not speak.
C. Connie C. Williams regarding Utility and Solid Waste charges.
Ms. Williams spoke on utility charges recently added regarding solid waste charges. She was a
resident of Primrose Apartments. The residents of Primrose live on fixed incomes. They had
their own waste disposal system and did not need city services. She felt it was an invalid charge
and requested that the residentÓs bills be reduced by 20% and not have any solid waste charges.
D. Peggy LaPoint regarding Planning Department Procedures.
Ms. LaPoint spoke on the overlay zoning for the Unicorn Lake area. All of the brush and trees
had been removed from the property. The developer did not have a clear-cut permit. She felt
there was a serious flaw in the regulations on environmental protection for the city. She
suggested there be a staff member to assist with such matters.
E. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
F. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
G. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
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April 4, 2006
Page 10
H. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
I. Gerald DeMarsh regarding issues with the Denton Police
Department.
Mr. DeMarsh stated that in law enforcement not everyone was perfect. He had a theft of
property with nothing ever recovered. He felt people in the police department and police officers
should not continue employment if they did not produce results.
D. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Mulroy requested a follow up on Ms. WilliamsÓs citizen report
on utility service to Primrose Apartments.
2. Council Member Mulroy requested a follow up on Ms. La PointÓs citizen report
on clearing and grading with a synopsis on events and potential Development Code problems.
E. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Interim City Manager Martin did not have anything 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 8:00 p.m.
__________________________ ____________________________
EULINE BROCK JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEAS CITY OF DENTON, TEXAS