Minutes January 3, 2006
CITY OF DENTON CITY COUNCIL
January 3, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 3, 2006 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Council Members Heggins, Kamp, Montgomery, Mulroy, and
Thomson.
ABSENT: Mayor Pro Tem McNeill
1. The Council received a report, held a discussion, and gave staff direction regarding
construction of a new Denton Municipal Electric Administration and Engineering facility in an
amount not to exceed $450,000.
Jim Coulter, Director of Water and Wastewater, presented the details of the proposal. An
Administration and Engineering Facility would be built to consolidate the Engineering Group for
Water, Wastewater, Streets, and Drainage Operations. Combining the Engineering divisions
with operations staff would increase overall departmental efficiency. The proposed facility
would be located adjacent to the Spencer Operations Center. The Public Utilities Board had
recommended approval.
Council discussion included:
The Spencer Operations Center was owned by DME but was not located in the city limits
? Coulter replied that the proposed facility would meet city standards like any other
commercial building. Sharon Mays indicated that the property would be annexed into the
city and would meet city standards.
The cost per square footage seemed very low ? Mays replied that current city employees
would do some of the work such as electrical and painting.
Would there be green components to the building ? Mays replied correct, that the
building would be energy efficient.
Consensus of Council was to proceed as proposed.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for January 3, 2006.
Consensus of the Council was to pull Item A from consideration in order to hold a work session
discussion on the City?s organizational chart characteristics.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney ? Under Texas Government Code Section 551.071
1. Consultation with the City?s attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City?s northern ETJ,
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January 3, 2006
Page 2
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 City?s attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas or would jeopardize the City?s legal position in any
administrative proceedings or potential litigation.
Regular Meeting of the City of Denton City Council on Tuesday, January 3, 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
Mayor Brock presented a proclamation for Immaculate Conception Catholic School Day.
3. CONSENT AGENDA
Mayor Brock indicated that Item A had been pulled from consideration.
Heggins motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?,
Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
A. THIS ITEM WAS NOT CONSIDERED - a resolution revising Administrative
policy 403.07 ?Debt Service Management? and providing for an effective date.
B. 2006-001 - An ordinance approving an Extension of Personal and Professional
Services Consulting Contract between the City of Denton and Herbert L. Prouty,
LLP; authorizing the expenditure of funds; and providing an effective date.
C. 2006-002 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of aquatic chemicals for the Parks Department;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3425 ? Annual Contract for Purchase of Aquatic Chemicals awarded to the
lowest responsive bidder for each item in the annual estimated amount of
$70,000).
D. 2006-003 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Southwest Booster Pump Station facility for
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January 3, 2006
Page 3
the City of Denton Water/Wastewater Utilities Division; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3410 ?
Southwest Pump Station and Ground Storage Tank awarded to Red River
Construction Co. in the amount of $4,703,000). The Public Utilities Board
recommended approval (7-0).
E. 2006-004 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Unicorn Lake-Denton State School brick
screening wall; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3422 ? Unicorn Lake-Denton State School Brick Screening
Wall Improvement Project awarded to Calvert Paving Corp. in the amount of
$98,000).
F. Approved the minutes of:
December 5, 2005
December 6, 2005
December 13, 2005
G. 2006-005 - An ordinance of the City of Denton, Texas providing for the
amendment and correction of the Schedule of Miscellaneous Fees, Deposits,
Billings and Procedures for Administrative Services to City Customers and
Taxpayers contained in Ordinance No. 2005-254 regarding delinquent service
charges only; providing for a repealer; providing for a severability clause; and
providing for an effective date. The Public Utilities Board recommended
approval (7-0).
H. 2006-006 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement for
Architectural or Engineering Services by and between the City of Denton, Texas
and Birkhoff, Hendricks & Conway, L.L.P. for engineering services associated
with the repainting and rehabilitation of the high school elevated storage tank in
the amount of $99,610; providing for the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
(7-0).
I. 2006-007 - An ordinance of the City Council of the City of Denton, Texas
amending Chapter 2, Article IV, Division 2 ?City Owned Real Property? of the
Code of Ordinances of the City of Denton, Texas; providing a severability clause;
and providing an effective date.
4.PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 0.713 acres from a Neighborhood Residential Mixed
Use (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning
district with an overlay district. The subject property was located at the northwest corner of
Westway and Anna intersection. The Planning and Zoning Commission recommended approval
(6-1).
(Z05-0027, Point Bank)
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January 3, 2006
Page 4
Kelly Carpenter, Director of Planning and Development, stated that Point Bank was proposing to
remodel the two lots they purchased and rezone them to a Neighborhood Residential Mixed use
with an overlay district. The overlay would limit the uses to professional offices and services. A
proposed site plan had been submitted but was not to be considered at this meeting.
Council discussed the reasoning for the change in zoning and the loss of part of the landscaping
requirements. Carpenter replied that the change in zoning would allow an increase in lot
coverage from 60% to 80%.
The Mayor opened the public hearing.
David Fuller, Point Bank, spoke in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12
(NRMU-12) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN
OVERLAY DISTRICT FOR APPROXIMATELY 2.63 ACRES, GENERALLY
LOCATED 150 FEET EAST OF CARROLL BLVD. AND NORTHWEST OF THE
INTERSECTION OF WESTWAY STREET AND ANNA STREET LEGALLY
DESCRIBED AS LOTS 4, 5, 6, & 7 IN THE T. N. SKILES SUBDIVISION, 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-
0027).
Mulroy motioned, Thomson seconded to adopt the ordinance with the overlay district restricting
uses to professional services and office uses only as proposed by the Planning and Zoning
Commission with the additional conditions of a height restriction of 25 feet, maximum lot
coverage of 75% and the floor area of the building footprint not to exceed 2,600 feet. On roll
vote, Heggins ?aye?, Kamp ?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 Alternative
Development Plan for a proposed laundry on approximately 0.40 acres. The subject property
was generally located at the northeast corner of McKinney Street and Wood Street intersection
and in a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and
Zoning Commission recommended approval (7-0).
(ADP04-0007, Klement Laundry)
Kelly Carpenter, Director of Planning and Development, stated that the Council had already
approved three variances and one rezoning of a portion of the property. The applicant was
proposing to deviate from the site design standards concerning parking areas located in front of
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January 3, 2006
Page 5
the building. Proposed mitigation included supplying additional landscaped area and supplying
additional tree canopy. A three-foot high decorative wrought iron fence would be built for right-
of-way screening. The additional landscape area and tree canopy would meet the intent of the
regulations of the Development Code by supplying a streetscape along McKinney Street.
The Mayor opened the public hearing.
Larry Reichhart, representing the petitioner, spoke in favor
The Mayor closed the public hearing
The following ordinance was considered:
NO. 2006-009
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 0.40 ACRES OF
LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY
STREET AND WOOD STREET INTERSECTION, WITHIN A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR THE PURPOSE OF ALLOWING PARKING BETWEEN
THE STREET AND THE BUILDING; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0007)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 20 acres of land, from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed-Use (NRMU) zoning district with an overlay
district and located approximately 2600 feet south of Brush Creek Road and east of Fort Worth
Drive. The Planning and Zoning Commission recommended approval (7-0).
(Z05-0029, Argyle
United Methodist Church)
Kelly Carpenter, Director of Planning and Development, stated that the request was to rezone
approximately 20 acres from NR-2 to NRMU zoning district with an overlay district with a
restriction for a church use only. The applicant proposed at least 60% lot coverage and 65 foot
structure height. NRMU zoning would allow 80% lot coverage and structure up to 65 feet high.
The overlay district was included as NRMU allowed for some commercial uses and the overlay
would restrict the use to a church only.
The Mayor opened the public hearing.
Kelly Gomez, KRG Civil Engineering, spoke in favor of the proposal.
The Mayor closed the public hearing.
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January 3, 2006
Page 6
The following ordinance was considered:
NO. 2006-010
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION WITH AN OVERLAY DISTRICT ONLY ALLOWING
CHURCH FACILITIES FOR APPROXIMATELY 20 ACRES OF LAND LOCATED
APPROXIMATELY 2600 FEET SOUTH OF BRUSH CREEK ROAD TO THE EAST
OF FORT WORTH DRIVE AND LEGALLY DESCRIBED AS TRACTS 3,4,5, 2A, 3A,
4A, 5A, 5B, 6 AND PORTION OF TRACT 1 OF THE WM. HUDSON SURVEY AND
A PORTION OF TRACT 2C OF THE HAGOOD SURVEY IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS ; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0029)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
amending portions of Section 35.13.7 of the Denton Development Code, defining professionals
qualified to submit tree inventories; providing for a penalty clause with a maximum amount of
$2,000.00 for violations thereof; and providing an effective date. The Planning and Zoning
Commission recommended approval (7-0). The City Council Tree Subcommittee recommended
approval.
(DCA05-0007, Tree Preservation Ordinance 35.13.7)
Kelly Carpenter, Director of Planning and Development, stated the Code currently allowed
certain professionals to submit tree inventories for the purpose of the tree preservation ordinance.
The amendment proposed to add registered land surveyors to the list of qualified professionals
qualified to submit tree inventories as 8 hours of additional training had been added the
requirements for certification of land surveyors.
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. 2006-011
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SECTION 35.13.7. OF THE DENTON DEVELOPMENT CODE, DEFINING
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January 3, 2006
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PROFESSIONALS QUALIFIED TO SUBMIT TREE INVENTORIES; PROVIDING
FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05-
0007)
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?,
Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the Mayor to
approve a first amendment to that certain Economic Development Program Grant Agreement
with Teasley Partners, Ltd. to extend the dates of substantial completion of the improvements
covered by the grant agreement from December 31, 2005 to December 31, 2006; and providing
an effective date. The Economic Development Partnership Board recommended approval (4-0).
Linda Ratliff, Director of Economic Development, stated that Teasley Partners had a Chapter
380 agreement with the City. Due to delays with construction of the Holiday Inn and the
withdrawal of the theatre project, additional time was required to complete the improvements in
accordance with the Base Agreement. A twelve month extension was proposed in order to
complete the project.
The following ordinance was considered:
NO. 2006-012
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A FIRST
AMENDMENT TO THAT CERTAIN ECONOMIC DEVELOPMENT PROGRAM
GRANT AGREEMENT WITH TEASLEY PARTNERS, LTD. TO EXTEND THE
DATES OF SUBSTANTIAL COMPLETION OF THE IMPROVEMENTS COVERED
BY THE GRANT AGREEMENT FROM DECEMBER 31, 2005 TO DECEMBER 31,
2006; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
B. The Council considered adoption of an ordinance of the City Council of the City
of Denton, Texas providing for the City?s adoption of the Clean Fleet Vehicle Model Ordinance
proposed by the Regional Transportation Council which is the Regional Transportation Policy
body associated with the North Central Texas Council of Governments; providing for an
effective date. The Environmental Committee and the Mobility Committee recommended
approval.
Mark Nelson, Chief Transportation Officer, stated that the Regional Transportation Council?s
strategy was to recommend and encourage local governmental entities to adopt a clean fleet
vehicle model ordinance. It was the RTC?s recommendation that all future vehicle funds for
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January 3, 2006
Page 8
government entities would be reserved for only those entities that adopted and complied with the
model ordinance. The Council?s Committee on the Environment had recommended approval of
the ordinance as well as the Council?s Mobility Committee.
The following ordinance was considered:
NO. 2006-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PROVIDING FOR THE CITY?S ADOPTION OF THE CLEAN FLEET VEHICLE
MODEL ORDINANCE PROPOSED BY THE REGIONAL TRANSPORTATION
COUNCIL WHICH IS THE REGIONAL TRANSPORTATION POLICY BODY
ASSOCIATED WITH THE NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS; PROVIDING FOR AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp
?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion
carried unanimously.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following
A. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
B. Gerald DeMarsh regarding the Police Department.
Mr. DeMarsh stated that he had a damage suit against the City of Denton involving the
Municipal Judge. The Municipal Judge did not allow him to represent himself in a court of law.
He had a lawsuit in the U.S. Supreme Court stemming from a ticket he received from not
wearing a seat belt.
C. Carolyn Phillips regarding community development and elderly
black homeowners.
Ms. Phillips was not present at the meeting.
D. New Business
The following items of New Business were suggested for future agendas:
1. Mayor Brock requested a written report regarding cities that impounded
autos with no insurance.
2. Council Member Montgomery requested information on water
conservation during the drought.
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January 3, 2006
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3. Council Member Heggins requested information on a smoking ban in
public eating places.
4. Mayor Brock suggested some type of information be sent out regarding
the danger of throwing cigarette butts from cars.
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 any items for Council.
F. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
G. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:36 p.m.
_____________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS