August 15, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
August 15,2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 15,2006 at 2:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Deputy Mayor Pro Tern Mulroy; Council Members Heggins,
McElroy, Montgomery, and Thomson.
ABSENT: Mayor Pro Tern Kamp.
1. The Council received a report, held a discussion, and gave staff direction regarding the
2006-07 Budget and the 2006-2011 Capital Improvement Program.
Jon Fortune, Assistant City Manager, stated that this was a follow-up to the budget presentation
of August 2 for any questions that Council might have.
McElroy asked if any figures on the appraisals had changed. Fortune stated no.
Fortune also advised the Council that there would be public hearings on September 12 and
September 19 when citizens could comment regarding the budget.
2. The Council received information, held a discussion and gave direction regarding city
recognition and support for the establishment of a charter school (NorthPointe Academy) by
University Behavioral Health of Denton.
Interim City Manager Howard Martin stated that UBH simply wanted a letter of
recommendation from the City. The Denton ISD had already given them a letter of
recommendation.
General consensus of the Council was for the Mayor to write a letter on behalf of all of the
Council.
3. The Council received a report, held a discussion and gave staff direction on proposed
amendments to the Development Code related to infill development regulations. (DCA05-0005)
Kelly Carpenter, Director of Planning and Development, briefed the Council on the issues raised
at a work session in January 2006. Carpenter stated that the proposed ordinance addressed these
issues. Carpenter also reviewed the proposed map of infill areas.
Council directed staff to add the words "redevelopment" to the title of the ordinance and all
appropriate sections of the ordinance and to go forward with the ordinance and hold a public
hearing on September 12.
The Council considered item #5.
5. The Council received a report, held a discussion and gave staff direction regarding
proposed Charter Amendments.
Mayor McNeill acknowledged the superb work the Charter Review Committee had done in
reviewing the proposed Charter amendment propositions.
Ed Snyder, City Attorney, stated the committee met eight different times. He acknowledged the
committee members' work on the review of the Charter. Snyder stated the Council had been
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August 15,2006
Page 2
provided with 23 proposed Charter amendment propositions. They had also been provided of list
of revisions that had been rejected by the committee. Snyder stated that the only proposition that
did not receive favorable recommendation from the committee was Proposition 20 (exercising of
governmental functions).
Snyder reviewed the propositions:
Proposition No.1 - Annexations - committee recommended five-sevenths vote of City Council
for current four-fifths.
Proposition No.2 - No Expansion of Liability.
Proposition No.3 - City Council Members Term of Office - The committee had a split vote (4-
3). The Council discussed the advantages to the City and the challenges of implementing
the new term limits.
Proposition 4 - Council Meetings
Proposition 5 - Council Minutes
Proposition 6 - City Auditor
Proposition 7 - Powers of Council
Proposition 8 - Introduction of Ordinances
Proposition 9 - City Manager and Subordinates
Proposition 10 - City Attorney
Proposition 11 - Budget
Proposition 12 - Bond Elections
Proposition 13 - Sale of Bonds
Proposition 14 - Planning and Zoning Commission
Proposition 15 - Planning and Zoning Commission Powers and Duties
Proposition 16 - Legal Effect of Master Plan
Proposition 17 - Platting and Subdivision Control
Proposition 18 - Regulation of Construction
Proposition 19 - Slum Clearance and Rehabilitation of Blighted Areas
Consensus of the Council was to continue the discussion on the proposed Charter amendments
after the regular Council meeting.
4. The Council received a report, held a discussion and gave staff direction regarding the
Airport Terminal Proj ect.
Mark Nelson, Chief Transportation Officer, provided some drawings of the Terminal Project.
Deputy Mayor Pro Tern Mulroy asked if the grant funds would be lost if the project was re-bid or
re-designed and re-bid.
Nelson stated TxDOT had indicated that should the City elect to re-bid the project "as is" or
redesign and then re-bid the project the grant funding would not be lost.
Bruce Henington, Director of Facilities Management, stated that the cost per square foot for
construction of the Terminal Building was approximately $97.00 per square foot to the City of
Denton.
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Nelson clarified the status of the current bid. If the City wanted to award the bid to the low
bidder, TxDOT would need to be notified by August 23 so they could do some grant
administration and transmit the funds to the low bidder by August 30.
Nelson stated that a re-bid of the project "as is" without any redesign would take a minimum of
six weeks. The re-bid process might only result in an increase to the low bid due to inflated
construction costs and a loss of time on project delivery. Should a re-bid and redesign of the
project be contemplated, this process would add a minimum of nine months to the project
delivery. There was a risk that any cost savings identified in the redesign and re-bid process
might be lost to inflated construction costs at the time of the re-bid. TxDOT grant managers
recommended that the City move forward with the current bid as they had not seen dramatic
decreases on projects that were re-bid unless substantial design changes were implemented.
The Council directed staff to look into separating the project into two bids and look into
incorporating some value engineering options that might assist in lowering the overall costs of
the proj ect.
6. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of August 15,2006.
The City Council convened in a Closed Meeting at 5: 15 p.m. to consider the items listed below
under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. The items set forth below constitute deliberations regarding personnel matters
under Texas Government Code Section 551.074. Therefore, the Council reserves
the right to convene into a closed executive session to discuss these matters.
1. Deliberated and discussed the evaluation of candidates for City Manager.
Regular Meeting of the City of Denton City Council on Tuesday, August 15, 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
The Mayor read a letter from the Mayor of Pilot Point thanking Denton for assistance from our
Fire Department.
Mayor McNeill accepted the Gold Star Affiliate Award from Keep Texas Beautiful presented by
Dr. Rudi Thompson, President of Keep Denton Beautiful Board of Directors.
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B. August Yard-of-the-Month Awards
The Mayor presented Yard-of-the-Month Awards to:
Colorado Court Apartments - 1939 Colorado Blvd - Business
Terry & Robert Bane - 1509 Egan St.
Glenda Dial- 1917 Redwood PI.
Lisa & Larry Allen - 5548 Woodland Hills
Roberta Donsbach - 1426 Kendolph - Watersmart
3. CONSENT AGENDA
Council Member Mulroy asked that Items G and I be pulled and considered at a future meeting.
Eric Fry, 115 Woodrow, spoke against Item B. He stated he was against the section in the
ordinance regarding reporting to an outside agency. The Legislature had exclusive authority
over pawnshops and they already reported to local law enforcement agencies.
Deputy Mayor Pro Tern Mulroy asked City Attorney Snyder to research Mr. Fry's concerns and
review the legality of the ordinance and asked that Item B be pulled for consideration at a future
meeting.
Kamp motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances with the exception of Items B, G, and I. On roll vote, Heggins "aye", Kamp "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
A. 2006-223 - An ordinance authorizing the City Manager to accept a grant from 3M
Innovation and Public Information Kiosk, Inc., for an E-Branch Library;
determining the ordinance was passed in compliance with the Open Meetings Act;
and providing an effective date.
B. NOTE: This item was not considered.
C. 2006-224 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of gasoline and diesel fuel; providing for the expenditure
of funds therefor; and providing an effective date (Bid 3530 - Annual Contract
for Gasoline and Diesel Fuel in the estimated amount of $2,000,000).
D. 2006-225 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Tire Repair and Tire Changing Services; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3531 -
Annual Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc.
in the estimated amount of $100,000).
E. 2006-226 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of replacement parts for
the effluent water filters at Pecan Creek Water Reclamation Plant from Infilco
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Degremont, Inc., which is 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 3552 - Replacement Parts for the Effluent Water
Filters at Pecan Creek Water Reclamation Plant in an amount not to exceed
$27,705).
F. 2006-227 - An ordinance accepting competitive bids and awarding a contract for
the purchase of Natatorium Medium Pressure Ultraviolet Light Disinfection
System; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3539 - Natatorium Medium Pressure Ultraviolet Light
Disinfection System awarded to Texas Aquatic Supply, Inc. in the amount of
$52,700).
G. NOTE: This item was not considered.
H. 2006-228 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Historical Park Foundation of Denton
County, Inc. to refurbish the Quakertown House, an African American Historical
Museum; providing for a $2,000 expenditure of funds therefor; and providing an
effective date.
I. NOTE: This item was not considered.
J. Confirmed the re-appointment by the City Manager of Vicki Henington to the
Civil Service Commission.
K. 2006-229 - An ordinance of the City of Denton, Texas approving an Interlocal
Cooperation Agreement by and between the City of Denton, Texas and The Town
of Argyle, Texas to provide gas well inspection services; and providing an
effective date.
L. 2006-230 - An ordinance providing for the expenditure of funds for the
emergency purchase of a brush truck fire apparatus in accordance with provisions
of State Law exempting such purchases from requirements of competitive
bidding; and providing an effective date (File 3587 - Emergency Purchase of
Brush Truck Fire Apparatus awarded to Philpott Ford in the amount of $33,633
for the cab/chassis, and Wildfire Truck and Equipment in the amount of $37,682
for the body/skid for a total award of $71,315).
M. Approved the minutes of:
July 12, 2006
July 18, 2006 SS
July 18, 2006
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4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance to amend a
previously approved Specific Use Permit that would allow a drive through in conjunction with an
existing dry cleaning facility and an existing doctor's office building. The property was located
near the northeast corner of Lillian Miller Parkway and Wind River Lane. The approximately
0.720 acre site was within a Neighborhood Residential Mixed Use (NRMU) zoning district. The
Planning and Zoning Commission recommended approval (5-0). (Kwik Dryclean Super Center,
S06-0005)
Kelly Carpenter, Director of Planning and Development, stated that this request to amend the
Specific Use Permit was to provide cross access from the subject site to the adjacent medical
office site to the south and to provide additional parking on the site. The medical office building
to the south of the subject site would use the additional parking spaces. Public notification
letters were mailed to property owners and residents. Staff received one response in support of
the request and one letter in opposition.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-231
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC
USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72
ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN
MILLER PARKWAY APPROXIMATELY 170 FEET NORTH OF WIND RIVER
LANE AND APPROXIMATELY 100 FEET WEST OF LAKE FORK CIRCLE,
WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; AND IS PLATTED AS
LOT 1, BLOCK A, WIND RIVER ESTATES PHASE 1 ADDITION 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. (S06-0005)
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas placing a proposal on the September 26, 2006, City Council Public Meeting
Agenda to adopt a 2006 tax rate that will exceed the lower of the rollback rate or effective tax
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Page 7
rate; calling two public hearings on a tax increase to be held on September 12, 2006, and
September 19, 2006; requiring publication of a Notice of Public Hearings on Tax Increase in
accordance with the law; and providing an effective date.
Jon Fortune, Assistant City Manager, stated that the City was required to publish their rollback
tax rates in the newspaper, along with the effective tax rate and other required schedules. The
City's effective rate in the proposed budget was $0.625652/$100 valuation. The tax increase
would provide needed service enhancements. Public Hearings would be held September 12 and
September 19.
The following resolution was considered:
R2006-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PLACING A PROPOSAL ON THE SEPTEMBER 26, 2006, CITY COUNCIL PUBLIC
MEETING AGENDA TO ADOPT A 2006 TAX RATE THAT WILL EXCEED THE
LOWER OF THE ROLLBACK RATE OR EFFECTIVE TAX RATE; CALLING TWO
PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 12,
2006, AND SEPTEMBER 19, 2006; REQUIRING PUBLICATION OF A NOTICE OF
PUBLIC HEARINGS ON TAX INCREASE IN ACCORDANCE WITH THE LAW;
AND PROVIDING AN effective date.
Mulroy motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
B. The Council considered approval of a resolution of the City of Denton City Council
requesting the Texas Municipal League oppose legislation that would limit or prohibit a city's
ability to make and sell compost/mulch products, inside and outside of the city limits; and
providing for an effective date.
Interim City Manager Howard Martin stated that the Public Utilities Board reviewed the
resolutions and directed staff to expand statements in the resolution associated with public health
and welfare, environmental stewardship, regulatory compliance and the conservation of landfill
space.
John Cabrales, Public Information Officer, briefed the council on the Texas Municipal League
process and stated that staff recommended approval of the resolutions and forwarding them to
TML.
The following resolution was considered:
NO. R2006-031
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE
TEXAS MUNICIPAL LEAGUE OPPOSE LEGISLATION THAT WOULD LIMIT OR
PROHIBIT A CITY'S ABILITY TO MAKE AND SELL COMPOST/MULCH
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PRODUCTS, INSIDE AND OUTSIDE OF THE CITY LIMITS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
C. The Council considered approval of a resolution of the City of Denton City Council
requesting the Texas Municipal League support legislation to place a moratorium on the creation
of special districts until the state legislature can appoint a task force to study their adverse
affects; and providing for an effective date.
Interim City Manager Martin stated that the Public Utilities Board had reviewed the resolution
and asked staff to include in the resolution the exclusion of public schools as special districts.
The following resolution was considered:
NO. R2006-032
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE
TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION TO PLACE A
MORATORIUM ON THE CREATION OF SPECIAL DISTRICTS UNTIL THE
STATE LEGISLATURE CAN APPOINT A TASK FORCE TO STUDY THEIR
ADVERSE AFFECTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Heggins motioned, McElroy seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
D. The Council considered nominations/appointments to the City's Boards and
Commissions.
The Mayor announced his appointments to the Denton Housing Authority. Bill Giese and Rudy
Moreno would both serve another term.
E. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Eliborio Beltran aka Eli Gemini regarding Interfaith Ministries.
Mr. Beltran stated that he had filed a complaint against Interfaith Ministries and the Police
Department regarding his October 2005 request for assistance with a utility bill. He stated that
the behavior of the agency was not courteous.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Jordan Hudspeth was not present at the meeting.
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C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Lanisha Hudspeth was not present at the meeting.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Hagar Hudspeth was not present at the meeting.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
F. Dave Jackson regarding the drainage problem on Lance Lane.
Mr. Jackson was not present at the meeting.
G. Robert Donnelly regarding city business.
Mr. Donnelly stated that there continued to be drainage issues with Providence Phase I and II
developments. He stated that the City should make the developments compliant with the
Development Code or do away with it.
H. Bob Clifton regarding city business.
Mr. Clifton stated that 10% of DME employee positions were vacant. He stated that the PUC
had no regulation over municipal utilities and the Charter had the only checks and balances for
the municipal electric department.
I. Gerald DeMarsh regarding the Police Department and the City Council.
Mr. DeMarsh stated that he had filed a lawsuit against Judge Ramsay and Stephanie Berry and
they had suppressed the lawsuit. He was also concerned that he had been burglarized twice and
none of the items had been recovered by the Police Department.
J. Charles V oellinger regarding Fry Street Development and historic
development.
Mr. V oellinger expressed his concerns about the proposed Fry Street development. He felt the
Council should send a message to the developer to preserve the historic buildings on Fry Street.
F. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member McElroy expressed concerns about Robert Donnelly's drainage
issues with the Providence development and requested that staff work with Mr.
Donnelly to resolve his problem.
2. Council Member McElroy stated that Robson Ranch did not have police patrol
because they were private streets. He stated that Robson had their first accident
and would like the City Attorney to research the contract with Robson and see
what it would take to have the Police Department patrol and issue tickets.
3. Deputy Mayor Pro Tern Mulroy requested that the City Manager research if the
Providence developer had received permits before public improvements were
completed.
4. Council Member Montgomery requested staff look into a traffic flow issue at the
post office on Colorado.
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5. Council Member Thomson stated that there were a multitude of Mean Green signs
that had appeared around town and understood that Code Enforcement could not
remove them because they had been placed by a State institution. He requested
staff research the situation and what the City could do to address the issue.
6. Council Member Heggins requested staff get a message to Mr. DeMarsh that
citizens were not silenced at Council meetings.
7. Council Member Heggins wanted to know the status of MLK Boulevard.
8. Mayor McNeill wanted to know the PUC's authority as it related to DME and
TMP A.
G. Items from the City Manager
1. Notification of upcoming meetings and/or conferences.
2. Clarification of items on the agenda.
3. Response to past citizen inquiries.
Interim City Manager Martin stated that the Council would receive a memo that addressed the
secondary fire apparatus entrance related to Robert Donnelly's concerns.
H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no continuation of the Closed Meeting.
I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no official action taken on Closed Meeting items.
Following the Regular Meeting, the Council re-convened in a Work Session at 8:00 p.m. to
continue discussion on Item #5 - proposed Charter Amendments.
Proposition No. 20 - Exercising Governmental Functions
General consensus of the Council was that it not be included in the ordinance calling for
the election.
Proposition No. 21 -Public Utilities Board
Proposition No. 22 - Regulation of Franchised Utilities - Three options available.
City Attorney Snyder recommended Option 3. The committee had not reviewed Option 2 and
Option 3.
General consensus of the Council was Option 3 as long as the committee recommended it.
Proposition No. 23 - Nepotism
General consensus of the Council was that the City Attorney meet with the Charter Review
Committee before the August 28 City Council meeting and review Proposition No. 3 and
Proposition No. 22 and provide a recommendation to the Council.
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Page 11
With no further business the meeting was adjourned at 8:15 p.m.
PERRY R. McNEILL
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS