Minutes March 7, 2006
CITY OF DENTON CITY COUNCIL MINUTES
March 7, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 7,2006 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
Item #2 was considered.
2. The Council received a report, held a discussion and gave staff direction on a Public Art
Policy.
Janet Fitzgerald, Director of Parks and Recreation, stated that the draft public art policy would be
presented at this meeting. She introduced the members of the committee that drafted the policy.
The process was started in November at the direction of Council to draft the policy. In
December the task force began meeting. The proposed draft policy was modeled after a policy
from Arlington County, Virginia.
Roni Beasley, Chair-Public Art Policy Development Task Force, reviewed the procedures that
the task force followed to reach the draft policy. Those procedures included intent and purpose
of the task force, a definition of public art, the procedures for policy administration, role of the
committee, other major components including community involvement, site selection criteria,
project eligibility, art and artist selection, ownership and copyright, maintenance, accessioning,
deaccessioning and resiting, temporary exhibits, and a lending policy.
Jerry Mohelintzky, Task Force member, spoke on public funding. Suggested funding sources
were divided into CIP funding, hotel occupancy tax revenues, and tax abatements. State and
federal funding might also be available. Private funding included grants, foundations, and
contributions from individuals, businesses and organizations.
Council discussion -
. Consider a sliding scale formula similar to the HOT funds rather than a fixed percentage.
. The purpose of the proposal was to establish a formula/program for funding for public
art. The Council needed to commit to funding for the program.
. Why would the Committee act as a subset of the Parks Board rather than be a
freestanding committee? Beasley replied that the Parks Board would have the task of
installing and maintaining the pieces so input from that Board would be essential.
. Why were nine members suggested instead of seven as other council boards? Beasley
replied that nine members would allow for some appointments from the arts community
with expertise in the arts.
. Change the wording to "Council appointments" rather than "individual appointments.
. Consider whether the Committee needed direct line to council for decision-making -
Fitzgerald stated that the majority of the art would be on public property maintained and
managed by the Parks Department. It was felt that the Committee needed to follow that
chain of command. The Committee would be able to submit a minority report to council
if the Parks Board did not approve a piece of art.
City of Denton City Council Minutes
March 7, 2006
Page 2
. GDAC was indicated as the arts representative of the city. Was that officially approved
anywhere. Beasley stated that the policy was recognizing the role of GDAC in policy
and selection of art for the city.
Consensus of Council was to proceed with the recommendation.
Council returned to the regular agenda order.
1. The Council received a report, held a discussion and gave staff direction concerning the
establishment of a City Council Ad Hoc Development Review Committee.
Interim City Manager Martin stated that Council had requested this item and staff had placed
information in the backup for Council consideration and direction.
Council discussion -
. Formation of the committee would help compress the time frame for council
consideration of the Code review.
. This committee would help analyze the review of the code.
. Council Member Mulroy and Mayor Pro Tem McNeill volunteered to be on the
committee.
. A nominating committee made up of Council Members Mulroy and Kamp and Mayor
Pro Tem McNeill would make recommendations to the entire council for the remaining
members.
Consensus of the Council was to proceed with formation of the committee.
3. The Council received a report, held a discussion and gave staff direction on possible
amendments to requirements for parking in front of buildings and to criteria for Alternative
Development Plans (ADPs).
Kelly Carpenter, Director of Planning and Development, stated that currently the Code required
parking behind or beside a building and not in front of the building. There had been eleven or
twelve alternative development plans that had requested parking in front of the building. She
presented visuals on how parking might look if allowed in front of buildings. Landscaping
requirements might include a 15 foot landscaping area, 18 feet of first row of parking, a 24 foot
drive aisle, 18 feet of second row of parking, 5 feet of walkway and 5 feet landscape area in front
of building which could be paved if pots or planters were incorporated. Another challenge with
an alternative development plan was a speculative development project that did not know what
was going to be developed on each parcel.
Consensus of the council was to continue with the process.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for March 7,2006.
City of Denton City Council Minutes
March 7, 2006
Page 3
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider 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. Consulted 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,
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.
2. Consulted with the City's Attorneys, and receipt of legal advice, regarding
potential bargaining issues to be raised by management team
representatives during Meet and Confer negotiations with the International
Association of Fire Fighters Local 1291, pursuant to Texas Local
Government Code sec. 142.101, et seq. A private caucus on this topic is
specifically authorized by Texas Local Government Code 142.113(b), and
public discussion would otherwise conflict with the duties of the City's
attorneys to maintain confidential communications with the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
3. Received legal advice from the City Attorney regarding the Award of
Special Commissioners and procedural options in condemnation
proceedings styled The City of Denton, Texas v. Julian Chavez, et aI.,
Cause No. ED-2004-00088 pending in the Probate Court of Denton
County, Texas.
Regular Meeting of the City of Denton City Council on Tuesday, March 7,2006 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.
City of Denton City Council Minutes
March 7, 2006
Page 4
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor Brock presented the following proclamations:
Professional Social Work Month
American Red Cross Month
3. CONSENT AGENDA
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
A. 2006-068 - An ordinance of the City of Denton authorizing the City Manager to
execute on behalf of the City of Denton Amendment No.2 to an Airport Project
Participation Agreement with the Texas Department of Transportation dated
January 8, 2002 relating to the construction of improvements at the Denton
Municipal Airport, and declaring an effective date. The Airport Advisory Board
recommended approval (5-0.)
B. R2006-007 - A resolution of the City Council of the City of Denton, Texas,
adopting Section 33.11 of the Texas Property Tax Code; providing for imposing
an early collection costs penalty for taxes imposed on personal property; and
providing an effective date.
C. Approved tax refunds for the following property taxes:
Name Reason Tax Amount
Year
2. 2005 $19,764.87
4. Sybra Inc/ Arb 's 2005 $11,035.70
6. Sybra Inc/ Arb 's 2005 $ 5,011.79
8. First Horizon Home Loans Erroneous Payment 2005 $ 1,211.32
D. 2006-069 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of HDPE Pipe and Accessories for the City of Denton
Solid Waste Division; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3448 - Annual Contract for HDPE Pipe and
Accessories awarded to the lowest responsible bidder, Forrer Supply Company,
Inc. in the annual estimated amount of $30,000). The Public Utilities Board
recommended approval (5-0).
City of Denton City Council Minutes
March 7, 2006
Page 5
E. 2006-070 -- An ordinance accepting competitive bids and awarding a two year
contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3457 - Two Year Contract for Manual PME 9,10 and 11 Padmounted
Switchgear awarded to the lowest responsible bidder, Priester Supply, in the
annual estimated amount of $255,119). The Public Utilities Board recommended
approval (5-0).
F. 2006-071 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of Waterford Series Decorative Streetlight Poles;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3460 - Three Year Contract for Waterford Series Decorative Concrete
Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual
estimated amount of $69,000). The Public Utilities Board recommended approval
( 5-0).
G. 2006-072 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of Automatic Meter Reading System; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3449- Three
Year Contract for Automatic Meter Reading System awarded to the lowest
responsible bidder meeting specifications for each item in the annual estimated
amount of$106,840). The Public Utilities Board recommended approval (5-0).
H. 2006-073 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Irrigation Parts and Supplies; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3464 - Annual
Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the
estimated amount of $64,000).
I. 2006-074 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering
services for the preliminary design of the Lake Lewisville Water Treatment Plant
Upgrade; authorizing the expenditure of funds therefor; and providing an effective
date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board
recommended approval (5-0).
J. 2006-075 - An ordinance of the City of Denton, Texas approving an Agreement
between the City of Denton and the North Texas Umpire Association; approving
the expenditure of funds for the purchase of certified softball officiating services
available from only one source in accordance with the provisions of the state law
exempting such purchases from the requirements of competitive bids; and
providing an effective date (File 3473 - Agreement with North Texas Umpire
Association in the amount of $40 per game for an estimated award of $44,000).
K. 2006-076 - An ordinance approving the extension of an agreement between the
City of Denton and the Historical Park Foundation of Denton County, Inc., for the
payment and use of hotel tax revenue; and providing an effective date.
City of Denton City Council Minutes
March 7, 2006
Page 6
L. R2006-008 - A resolution allowing Tejas Storytelling Association to be the sole
participant allowed to sell alcoholic beverages in the Civic Center Park at the
Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions;
authorizing the City Manager or his designee to execute an agreement in
conformity with this resolution; and providing for an effective date. The Parks,
Recreation and Beautification Board recommended approval (5-0).
M. 2006-077 - An ordinance of the City of Denton, Texas authorizing payment of the
award of special commissioners into the registry of the court in condemnation
proceedings styled The City of Denton, Texas v. Julian Chavez, et ai, Cause No.
ED-2005-00088 pending in the probate court of Denton County, Texas; and
declaring an effective date.
N. Approved the minutes of:
February 6, 2006
February 7, 2006
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the
Development Review Committee. The Planning and Zoning Commission recommended
approval (5-0). (DCA05-0013, Amendment to 35.4.4 Development Review Committee.
Kelly Carpenter, Director of Planning and Development stated that the proposal was
housekeeping in nature to complete a sentence left out in the original ordinance.
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. 2006-078
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 35.4 OF THE DENTON DEVELOPMENT CODE PERTAINING
TO THE DEVELOPMENT REVIEW COMMITTEE; PROVIDING A SEVERABILITY
CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0013)
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council continued a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a proposed Retail and Office development on
City of Denton City Council Minutes
March 7, 2006
Page 7
approximately 25 acres. The subject property was generally located on the Northwest corner of
University Drive and Old North Road intersection. The property was located in a Neighborhood
Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G)
zoning district. The purpose of the Alternative Development Plan was to deviate from the
requirements of Subchapter 13 of the Development Code. The Planning and Zoning
Commission recommended approval with conditions (7-0). (ADP05-0008, The Shops at Old
North)
Kelly Carpenter, Director of Planning and Development, stated that staff had met with the
developer regarding revisions to his alternative development plan relative to the expectations of
the framework of an alternative development plan. The applicant had submitted an amended
alternative development plan on December 9, 2005 which staff recommended denial. The
revised ADP specifically stated that it was applicable to parking in front of buildings only; the
site plan also included several additional elements that were potentially not compliant with
landscaping, parking, and circulation. The Planning and Zoning Commission, at its meeting of
January 11, 2006, recommended approval for two rows of parking between the building and the
street with the conditions to provide a three-foot high berm along University Drive frontage
outside the eight-foot easement, provide a three foot high hedge along University Drive frontage
outside the eight-foot easement and planted in front of the berm, and provide a 12.5 foot
landscape area in addition to the required 10 feet wide landscape area planted with one large tree
for every 40 linear feet. After a meeting on February 21,2006 the applicant submitted a revised
ADP showing reduced parking spaces but still exceeding code maximums by 29 spaces and
continued to include several additional elements that were potentially not complaint with
landscaping, circulation and driveway standards.
Council discussed whether the site plan presented showed multiple plots or one lot. Carpenter
indicated the preliminary plan was for multiple lots.
The Mayor indicated that the public hearing would continue at this point.
Thomas Glendenning - representing the developer - spoke in favor of the proposal. Having the
two rows of parking already approved was good marketing for the proposed development.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 25 ACRES OF
LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF
UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND
A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, FOR THE LIMITED PURPOSE OF
ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE
City of Denton City Council Minutes
March 7, 2006
Page 8
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008)
Mulroy motioned to approve for parking as shown only - no other items.
City Attorney Snyder requested a clarification of the parking.
Carpenter stated it was two rows of parking in the front of the building plus the Planning and
Zoning Commission's conditions.
Mulroy clarified the motion to include the two rows of parking but that the parking count would
include all parking plus the conditions from the Planning and Zoning Commission. This would
capture the total count for parking.
Kamp seconded the motion.
City Attorney Snyder asked if the motion was for the exact parking configuration as shown.
Mulroy indicated that if a wholesale change was needed, it should return to the Council for
approval. The staff would be able to make minor changes administratively.
On roll vote, Heggins "aye", Kamp "aye", McNeill "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 approving the acquisition of
professional audit services for the review of royalties paid to the City of Denton for gas well
leases within the City of Denton; authorizing the City Manager or his designee to execute a
professional services agreement with Diversified Utility Consultants, Inc.; authorizing the
expenditure of airport gas well revenues for the audit of airport gas wells; authorizing the
expenditure of additional funds for audit services subject to the City Manager's approval; and
providing an effective date. The Airport Advisory Board recommended approval (6-0).
Mark Nelson, Chief Transportation Officer, stated that this item was for a professional services
contract for a review audit of all producing gas wells in the city of Denton. The Airport
Advisory Board had reviewed the airport portion of the contract. Staff was recommending a
review of all gas wells operated for the city.
The following ordinance was considered:
NO. 2006-080
AN ORDINANCE APPROVING THE ACQUISITION OF PROFESSIONAL AUDIT
SERVICES FOR THE REVIEW OF ROYAL TIES PAID TO THE CITY OF DENTON
FOR GAS WELL LEASES WITHIN THE CITY OF DENTON; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC.;
City of Denton City Council Minutes
March 7, 2006
Page 9
AUTHORIZING THE EXPENDITURE OF AIRPORT GAS WELL REVENUES FOR
THE AUDIT OF AIRPORT GAS WELLS; AUTHORIZING THE EXPENDITURE OF
ADDITIONAL FUNDS FOR AUDIT SERVICES SUBJECT TO THE CITY
MANAGER'S APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council considered nominations/appointments to the City's Boards and
Commissions.
No nominations/appointments were made at this time.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Tomasa Garcia regarding Federacion Latino-Americana de Futbol
Soccer.
Ms. Garcia presented concerns regarding the Federacion Latino-Americana de Futbol Soccer
Association. She had delivered to Council a memo regarding the problems with the Association.
A formal organization had been formed to coordinate the different teams associated with the
league. They now needed help from Council to become recognized by the Parks Department and
to have access to the soccer fields, which currently they did not have.
B. Robert Donnelly regarding tax credit apartments.
Mr. Donnelly asked Council for explanation of a vote taken on June 7, 2005 expanding an
existing tax credit apartment complex. The new development was too close to the existing
development in violation of the regulations.
C. Gerald DeMarsh regarding Police Department issues.
Mr. DeMarsh was not present.
D. Kent Bass regarding City Barge on Lake Lewisville.
Mr. Bass stated that he owned a lot adjoining the city's intake on Lake Lewisville. He was
trying to get the City to address the issue regarding the city's barge on Lake Lewisville. He was
concerned that the barge was unsightly and creating a situation where it was impairing their
ability to enjoy the lot. He was asking the City to move the barge to the east 100 feet to get it out
of his line of vision. He had even offered to pay to have it moved. To this point he was not give
a good reason not to move the barge.
City of Denton City Council Minutes
March 7, 2006
Page 10
Mayor Brock asked Mr. Bass if the barge was there when he purchased the property.
Mr. Bass replied yes but he thought the City would move it if asked.
E. Bob Clifton regarding City business.
Mr. Clifton presented a slide show regarding the painting of the city's water towers. He
presented pictures of his neighbor's yard and neighbor's dogs. There was no certificate of
occupancy for living at the location where his neighbor was located. Animal Control should be
able to assist with the dogs chained in the yard.
F. Willie Hudspeth regarding concerns of Southeast Denton.
Jordan Hudspeth stated that Eureka Park was dangerous due to the poison wood at the park.
Hagar Hudspeth presented a video regarding a requested crossing guard at Woodrow and Morse
Streets. Cars would not stop to let children cross the street.
Lanisha Hudspeth spoke regarding the lack an African American firefighter in the city of Denton
and presented a video clip from a speech by Martin Luther King, Jr.
Willie Hudsepth spoke regarding the issues presented by his grandchildren. Why was there no
crossing light in southeast Denton on Woodrow and Morse? He wanted his grandchildren to go
to Eureka but could not due to the poison wood. He questioned again why there still was no
African American firefighter in Denton.
G. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudsepth spoke as noted above.
H. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke as noted above.
I. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke as noted above.
D. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor Brock requested a report on the progress to eliminate dumpsters on
streets and sidewalks.
2. Mayor Brock requested an update on Western Blvd.
City of Denton City Council Minutes
March 7, 2006
Page 11
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. 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
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS