October 3, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 3, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 3, 2006 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion, and gave direction regarding the CIP
Oversight Committee's recommendations.
Mark Burroughs, Chair-CIP Oversight Committee, stated that there was a need for a lot of
flexibility in the CIP program to adapt to changing situations. There was a need to recognize
significant challenges dealing with severe overruns of costs of capital projects in this region. It
was best to leverage funds as much as possible. A number of modifications were made due to
these conditions. There were opportunities identified especially with the Highway 377
expansion. It appeared that the best usage was to include this project with the TxDot project and
free up those funds to be reallocated within Denton. Cost overruns seem to be slacking
somewhat as shown in new bids. Tolling for the Highway 121 project should provide significant
funds for Denton County funding. The role of the Committee was to advise the Council and as
projects were held up due to various funding reasons, it was important to have the Committee's
recommendations to be able to use the funding to the best use.
A question was raised if the Committee had a unanimous consensus regarding the
recommendations. Burroughs replied yes.
2. The Council received a report, held a discussion and gave staff direction on the
annexation of land in the northwestern area of the City of Denton's extraterritorial jurisdiction
generally located to the north of Loop 288, west of Locust Street (F.M. 2164), south of Milam
Road and east of Bonnie Brae Street; which may include without limitation an approximate 1199
acres tracts owned by Denton 288 LP. (A06-0005, Hills of Denton)
Kelly Carpenter, Director of Planning and Development, stated that this was a voluntary
annexation. She presented maps of the site location for Council to review and the proposed
schedule of meetings for the annexation consideration.
Consensus of the Council was to proceed with the voluntary annexation.
3. The Council received a report, held a discussion and gave staff direction related to
abandoned trash and debris at the curb of vacant properties.
Lancine Bentley, Area Program Manager, stated that neighborhood concerns regarding trash and
debris left at the curb included giving the perception of neighborhood blight, spreading trash and
debris, invited other violations and the length of time the problem persisted. Chapter 342 of the
Texas Health and Safety Code and Chapter 20 of the Code of Ordinances regulated the current
enforcement process. Both regulations provided for a 7-day abatement timeframe. The current
abatement process was once a complaint was received, an inspector would investigate the
complaint, issue a work order, contract removal with a private contractor and allow three days to
clean the property. The property owners would then be invoiced for the contracted services.
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October 3, 2006
Page 2
Citations could be issued which could be paid or go to the Environmental Court for resolution.
One potential option was to maintain the current 7 -day abatement period. Pros for this option
would allow the City to write a citation, contract for a cleanup, invoice for the cleanup, and if
necessary, file a lien. A negative for this option was that there could be the perception that the
City was not being expedient in remedying the problem. A second option was to shorten the
abatement period to a 5-day period. A positive for this option was that it could be a somewhat
more expedient process. Negatives for this option were that it eliminated the City's ability to file
a lien for non-payment of the contracted services per Chapter 342 of the Texas Health and Safety
Code. With the shortened time frame a lien could not be filed against the property. A third
option was to eliminate the abatement period. The positive for this option was that the trash and
debris problem would be eliminated quickly. However, the negative with this option was that it
would eliminate the City's ability to file a lien for non-payment of contracted services and could
possibly increase costs. It also could be perceived as a service the City offered instead of a
violation.
Council discussion included:
. Why was an outside contractor used? Bentley stated that a city crew could be used but
that they currently contracted out both the mowing and cleanup services.
. Were more violations found in rental property? Bentley replied correct.
. Explore the possibility of changing the current electric deposit to a general deposit and
retain it if the property had to be cleaned by city personnel for trash.
. Not all customers had deposits on file, as a statement from a previous utility indicating
they were good customers would take the place of a deposit.
. The final objective was to keep trash from appearing on the curb at vacant properties.
Consensus of the Council was to explore an option for quick removal and finance it through a
general security deposit.
4. There were no requests for clarification of consent agenda items listed on the consent
agenda for October 3, 2006.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5 :25 p.m. 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. Legal advice concerning land use legal issues including multi-
family, fair housing, vested rights, development exactions,
annexations, and takings issues.
2. Consultation with the City's attorneys regarding legal issues,
including defense of pending litigation filed by JNC Denton
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October 3, 2006
Page 3
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, zoning, land use
and subdivision controls, plat applications, annexation plans,
development agreements, annexation agreements, service plans,
utility service, and legal issues relating to the creation of special
districts in the ETJ requested by JNC and White Cake Denton, L.P.
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 Council on Tuesday, October 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 McNeill presented proclamations for:
Lions White Cane Day
National Arts and Humanities Month
Fire Prevention Week
Charles V oellinger presented a petition to the Council regarding the saving of Fry Street. He
stated the petition contained over 9000 signatures in an attempt to save an important part of the
community. They did not want to see a plaque on the site where the historic building once stood.
They encouraged the Council to extend the historic tax abatement to the new owners of the
property.
3. CONSENT AGENDA
A Comment Card was received from Robert Donnelly regarding Item 3C. He suggested placing
the dollar amount of items on the Consent Agenda. He commented on the incidental fees
associated with the lease.
Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
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October 3, 2006
Page 4
A. Approved tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. Coe, Edwin & AllysonlParker, DCAD Supplemental 2005 $2,256.40
Charles & Kathryn Change
2. Coe, Edwin & AllysonlParker, DCAD Supplemental 2004 $2,238.02
Charles & Kathryn Change
3. Parker, Charles & Kathryn DCAD Supplemental 2003 $2,088.52
Change
4. Coe, Edwin & AllysonlParker, DCAD Supplemental 2002 $2,015.73
Charles & Kathryn Change
5. Chase Home Finance/Ghaffari, Duplicate Payment 2005 $ 903.28
Hakimeh
6. Daugherty Homes Inc Overpayment 2005 $ 666.19
B. R2006-036 - A resolution of the City of Denton, Texas, adopting the City of
Denton's 2007 State Legislative Program for the 80th Texas Legislature;
providing a repealer; and providing an effective date.
C. 2006-294 - An ordinance of the City of Denton, Texas approving a lease
amendment between the City of Denton and FMP Denton, L.P., for the City Hall
in the Golden Triangle Mall; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
( 6-0).
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an agreement between the City and Fred Moore Day
Nursery School to provide for improvements to the childcare facility at 821 Crosstimber Street,
Denton, TX 76205; authorizing the expenditure of funds therefore, not to exceed $195,000; and
providing for an effective date.
Barbara Ross, Community Development Administrator, stated that this ordinance would approve
an agreement with Fred Moore Day Nursery School with CDBG funds to make improvements at
the school.
The following ordinance was considered:
NO. 2006-295
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND FRED
MOORE DAY NURSERY SCHOOL TO PROVIDE FOR IMPROVEMENTS TO THE
CHILD CARE FACILITY AT 821 CROSSTIMBER STREET, DENTON, TX 76205;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED
$195,000; AND PROVIDING FOR AN EFFECTIVE DATE.
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October 3, 2006
Page 5
Kamp motioned, Mulroy 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 adoption of an ordinance of the City Council of the City
of Denton, Texas approving an agreement between the City of Denton and the Denton
Affordable Housing Corporation; providing for the terms of said contract, authorizing the City
Manager to execute the agreement and to expend funds with respect to the agreement; not to
exceed $140,000; and providing for an effective date.
Barbara Ross, Community Development Administrator, stated that the contract was home
investment partnership money by HUD. The Corporation served as the community development
organization as requested by the federal government.
The following ordinance was considered:
NO. 2006-296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE
TERMS OF SAID CONTRACT, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO
THE AGREEMENT; NOT TO EXCEED $140,000; AND PROVIDING FOR AN
EFFECTIVE DATE.
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.
C. The Council considered adoption of an ordinance amending Ordinance No. 2006-
232 concerning amendments to the City Charter to correct a typographical error; providing a
severability clause, providing an open meetings clause, and providing an effective date.
Ed Snyder, City Attorney, stated that a minor typographical error had been found in the original
ordinance but it did not impact any of the proposition wording.
The following ordinance was considered:
NO. 2006-297
AN ORDINANCE AMENDING ORDINANCE NO. 2006-232 CONCERNING
AMENDMENTS TO THE CITY CHARTER TO CORRECT A TYPOGRAPHICAL
ERROR; PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN OPEN
MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
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October 3, 2006
Page 6
McElroy motioned, Thomson 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.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Robert Donnelly regarding city business.
Mr. Donnelly stated that he appreciated the action taken by the City regarding the drainage work
at a development site next to his property. The problem was that the drainage work they were
doing did not meet code. There appeared to be a conflict between the Denton Development
Code and the Drainage Criteria. He felt there was a need to follow the Code that was in
existence.
B. Bob Clifton regarding Denton Municipal Electric.
Mr. Clifton presented information regarding the Denton Municipal Electric and the perceived
corruption in city government.
E. New Business
The following items of New Business were suggested by Council for future agendas:
. Deputy Mayor Pro Tern Mulroy asked for a report regarding an analysis of the
cost per square footage and common area for City Hall in the Mall.
. Council Member McElroy requested staff to check into Mr. Donnelly's
concerns regarding the code differences.
. Mayor Pro Tern Kamp asked for a report about the possibilities of a private
entity being able to provide an animal shelter and donate it to the City.
F. 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 did not have any items for the Council.
G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
H. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
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October 3, 2006
Page 7
With no further business, the meeting was adjourned at 7:10 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS