August 21, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
August 21, 2007
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, August 21, 2007 at 4:30 p.m.in the Council Work
Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None.
1.Staff responded to requests for clarification of agenda items listed on the agenda for
August 21, 2007.
2.The Council received a report, held a discussion and gave staff direction regarding the
City’s recycling programs.
Vance Kemler, Director of Solid Waste, presented an overview of the recycling program. He
stated that the City had implemented on-going public education and awareness activities.
Residential Curbside Collection provided recycling services to about 26,000 accounts and
Commercial Recycling Services provided services to about 2500 accounts. The City had six
locations that provided recycling services to some local businesses, local government facilities,
and operated the City’s recycling drop-off centers. The City also had a Home Chemical
Collection Service.
He stated that combined with the curbside recycling RFP, were requests for three other recycling
services. The city additionally requested proposals for cart maintenance services, recycling
drop-off center services, and a single stream recyclables processing facility.
Curbside recycling proposals were received from three companies. The proposal evaluated by
the committee to provide the best benefit to the city was submitted by Allied Waste Services.
The monthly rate would be $2.27/month per residence.
Cart maintenance services proposals were received from two companies. The committee
evaluated the proposals and did not recommend either proposal. City staff could provide the cart
maintenance services more efficiently.
One recycling drop-off center proposal was received. The proposal received proposed less than
one-half the current container capacity provided by the City. The committee recommended that
the services continue to be provided by City staff.
One Materials Recovery Facility proposal was received. Staff’s review of the proposal was
favorable and staff was developing a contract for the project.
3.The Council received a report, held a discussion, and gave staff direction regarding the
participation of other agencies in the new animal shelter.
City of Denton City Council Minutes
August 21, 2007
Page 2
Lieutenant Scott Fletcher, Police Department, stated that the City had entered into an agreement
with the Denton Animal Shelter Foundation. This organization had agreed to conduct a
fundraising campaign to help build the new shelter.
The next step would be the completion of a master plan for the new shelter. This plan would
determine the size and amenities of the new shelter, which was required before the cost of the
new shelter could be determined.
Fletcher stated that the size for the new shelter was determined by examining historical growth
trends, current space needs and the anticipated growth trend for the next ten years. Interlocal
agencies provided approximately 30 percent of the animals handled in the shelter each year.
Current interlocal agreements were with Denton County, Roanoke, Corinth, and Krum.
Fletcher advised the Council that provided the interlocal agreements continued, the issue of
capital costs could be examined. Because there is no outstanding capital debt on the current
shelter structure, there was no capital cost recovery passed on to the interlocal agencies. The
City could opt to ask each interlocal agency to finance their percentage of the capital costs of the
new structure. However, it would be difficult for the City to be released from such an
agreement, particularly if those agencies had made financial contributions on the capital project.
The current interlocal agreements provided for each agency to be billed monthly per animal/per
service. The majority of the costs for interlocal agency animals were recovered. Under the
current billing structure, each agency was billed for the past month’s services. It was difficult for
the interlocal agencies to plan and budget for unknown expenses. City staff members spent
considerable time each month tracking and compiling billing information for each interlocal
agency animal. He also stated that there were a number of animal shelters that provided shelter
space for other agencies that utilized an annual flat fee structure.
Consensus of the Council was to continue the current interlocal agreements as long as the City
shelter had space available and develop an annual flat fee cost to charge the interlocal agencies.
4.The Council received a report, held a discussion, and gave staff direction regarding the
2007-08 Budget and the Capital Improvement Program.
Council did not have any questions regarding the budget.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:55 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A. Deliberations regarding consultation with the City Attorney – Under Texas
Government Code Section 551.071 and Section 551.087 – Deliberations
regarding Economic Development Negotiations.
1. Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
City of Denton City Council Minutes
August 21, 2007
Page 3
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code. Also held a discussion
regarding granting economic development incentives to Aldi (Texas)
L.L.C. with respect to development of a distribution center. This
discussion included commercial and financial information the City
Council had received from Aldi (Texas) L.L.C., which the City Council
seeks to have locate, stay, or expand in or near the territory of the city, and
with which the City Council was conducting economic development
negotiations; including the offer of financial or other incentives.
B. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section
551.071.
1. Considered and discussed status of litigation styled McFarling, et al. v.
City of Denton, Cause No. 02-06-00238-CV, currently pending in the
Court of Appeals, Second District of Texas, Fort Worth Division.
C. Consultation with Attorney -- Under Tex. Gov’t Code §551.071.
1. Discussed legal issues relating to City oil and gas leases, including
contemplated litigation, and including matters in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the
chapter.
Regular Meeting of the City of Denton City Council on Tuesday, August 21, 2007 at 6:49 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
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
There were no proclamation/awards for this meeting.
B.July and August Yard-of-the-Month Awards
Mayor McNeill presented July Yard of the Month Awards for:
Michael Ebron – 605 Smith Street
Sharon & Dick Williams – 3713 Granada Trail
Phil Shenk – 3937 Fawn Drive
Patti & Bob VonTour – 1548 Valley Creek
City of Denton City Council Minutes
August 21, 2007
Page 4
Mayor McNeill presented August Yard of the Month Awards for:
Michael & Jaylyn Curry – 2131 Westview Trail
Ted & Cindy Sherrill – 709 Ticonderoga
Mr. & Mrs. Carroll Goen – 2900 Pennsylvania
Windy & Joan Fowler – 3116 Deerfield Drive
3. CONSENT AGENDA
Mayor McNeill highlighted the items for consideration on the Consent Agenda.
Deputy Mayor Pro Tem Mulroy requested that Item 3E be pulled for individual consideration.
Mulroy motioned, Heggins seconded to approve the Consent Agenda with the exception of Item
3E. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
A. 2007-169 – An ordinance of the City of Denton, Texas, amending the Code of
Ordinances of the City of Denton, by amending Chapter 18 Article IX, Automated
Traffic Signal Enforcement; providing a severability clause; providing for the
imposition of a civil penalty of $75.00; and providing an effective date.
B. Approved the appointment of an assistant judge to serve as a hearing officer in
compliance with the adoption of an ordinance amending Chapter 18 Article IX,
relating to automated traffic signal enforcement.
C. 2007-170 – An ordinance approving a mutual aid agreement between the City of
Denton and Denton Independent School District for mass evacuation during times
of catastrophic events, emergencies or disasters; and providing for an effective
date.
D. Approved a request for an exception to the Noise Ordinance for amplified sound
on Sunday, September 23, 2007, for the Texas Bicycle Racing Association event
hosted by the Greater Denton Sports Commission. The event will be held from
12:00 noon until 7:00 p.m. and will cover several of the downtown streets. Public
address system will be used to make announcements and conduct the races.
F. 2007-171 – An ordinance of the City of Denton, Texas approving an agreement
between the City of Denton and the Denton Record Chronicle; approving the
expenditure of funds for the purchase of legal advertising services available from
only one source, in accordance with the provisions of the state law exempting
such purchases from requirements of competitive bids; and providing an effective
date (File 3858-Agreement with the Denton Record Chronicle in the amount of
$8.40 per column inch for an estimated award of $35,000).
G. 2007-172 – An ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement for Deposit of Costs for Perimeter Paving with
AHY, LC; and providing an effective date.
City of Denton City Council Minutes
August 21, 2007
Page 5
H. 2007-173 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Texas Filmmakers to support the 2007
Thin Line Film Festival Celebration; providing for the expenditure of funds
therefore; and providing for an effective date. ($100)
I. 2007-174 – An ordinance authorizing the City Attorneys to initiate litigation
against Range Resources, it’s successors and assigns; authorizing the City
Attorney to seek the assistance of outside counsel; and providing an effective
date.
Item 3E was considered.
E. An ordinance approving the expenditure of funds for the purchase of educational
commercial airtime for Denton Municipal Electric available from only one source
in accordance with the provisions for state law exempting such purchases from
requirements of competitive bids; and providing an effective date (File 3849–
Purchase of Educational Commercial Airtime for Denton Municipal Electric
awarded to Time Warner Cable Media Sales in an amount not to exceed $51,272).
The Public Utilities Board recommended approval (4-0).
Mulroy motioned, Kamp seconded to continue Item 3E to the next Council meeting. On roll
vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts
“aye”, and Mayor McNeill “aye”. Motion carried unanimously.
4.PUBLIC HEARINGS
A. The Council held the second of two public hearings to consider, under the annexation
procedures for areas exempted from the municipal annexation plan, the annexation and service
plan for approximately 129.6 acres of land and the adjacent street right-of-way for Loop 288
containing approximately 9.1 acres generally located west of Interstate 35 North at the proposed
extension of Loop 288 in the northwestern portion of Denton's Extraterritorial Jurisdiction (ETJ).
(A07-0001, Westview Commercial) The Planning and Zoning Commission recommended
approval (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary
annexation for the Westview Commercial property, and included the City’s elevated water tank
property and the Texas Department of Transportation’s adjacent street right-of-way for Loop
288. The majority of the property was undeveloped with the exception of one gas well site and
the City’s elevated water storage tank.
He stated that the entire area proposed for annexation was located within the City’s ETJ and was
not zoned. The area would not require short-term public improvements that were the
responsibility of the City. The proposed annexation area would add additional tax base to the
City.
The Mayor opened the public hearing.
City of Denton City Council Minutes
August 21, 2007
Page 6
No one spoke at the public hearing
The Mayor closed the public hearing.
B. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas designating a certain area within the city limits of Denton as Reinvestment Zone
VIII for commercial/industrial tax abatement; establishing the boundaries of such zone; making
findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining
other matters relating thereto; providing a severability clause; providing for repeal; and providing
an effective date.
Linda Ratliff, Director of Economic Development, stated that this item was to establish
Reinvestment Zone VIII. The property included within the boundaries represented a 120-acre
site on Westcourt Road and Spring Side Road. Establishing the reinvestment zone would allow
the Council to consider a tax abatement agreement with Aldi (Texas), a Texas limited liability
company. The company planned to construct a distribution center of approximately 500,000
square feet at this site.
The Mayor opened the public hearing.
No one spoke at the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-175
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN
AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT ZONE NO. VIII
FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT; ESTABLISHING THE
BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE
WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER
MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the Mayor to execute a Tax
Abatement Agreement with Aldi (Texas) L.L.C.; setting forth all the required terms of the Tax
Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code;
setting forth the various conditions precedent to Aldi (Texas) L.L.C., a Texas limited liability
company, receiving the Tax Abatement; providing for a severability clause; and providing an
effective date. The Economic Development Partnership Board recommended approval (6-0).
City of Denton City Council Minutes
August 21, 2007
Page 7
Linda Ratliff, Director of Economic Development, stated that Aldi was interested in constructing
a 500,000 square foot distribution center on Westcourt Road near the Denton Municipal Airport.
She stated that the tax abatement agreement provided for 100% abatement for building and
improvements and tangible personal property for a period of five years. If approved, Aldi
intended to purchase the property, obtain their zoning, final plat and building permit. The
company had an aggressive construction plan and planned to open the distribution center and 20-
24 new grocery stores in the Metroplex in 2009. Two Denton stores were included in their plan.
The following individuals spoke regarding this item.
Karen Dickson, 1506 Poinsettia, spoke in favor of the tax abatement agreement.
The following ordinance was considered:
NO. 2007-176
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT
AGREEMENT WITH ALDI (TEXAS) L.L.C.; SETTING FORTH ALL THE REQUIRED
TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE
TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE; SETTING FORTH THE
VARIOUS CONDITIONS PRECEDENT TO ALDI (TEXAS) L.L.C., A TEXAS LIMITED
LIABILITY COMPANY, RECEIVING THE TAX ABATEMENT; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
B. The Council considered approval of a resolution placing a proposal on the September 25,
2007, City Council agenda to adopt a 2007 tax rate that would exceed the effective tax rate;
calling two public hearings on a tax increase to be held September 11, 2007, and September 18,
2007; requiring publication of a Notice of Public Hearing on Tax Increase in accordance with the
law; and providing an effective date.
Bryan Langley, Director of Finance, stated that municipalities were required to publish their
rollback tax rates in the newspaper, along with the effective tax rate and other required
schedules. He stated that the City’s effective rate was $0.58719/$100 valuation and the rollback
rate was $0.68627/$100 valuation.
Robert Donnelly, 3900 Quail Creek Road, spoke regarding drainage improvements covered by
the one cent tax increase.
The following resolution was considered:
NO. R2007-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING
A PROPOSAL ON THE SEPTEMBER 25, 2007, CITY COUNCIL PUBLIC MEETING
AGENDA TO ADOPT A 2007 TAX RATE THAT WILL EXCEED THE LOWER OF THE
City of Denton City Council Minutes
August 21, 2007
Page 8
ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC
HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 11, 2007, AND
SEPTEMBER 18, 2007; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC
HEARINGS ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND
PROVIDING AN EFFECTIVE DATE.
Heggins motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
C. The Council considered adoption of an ordinance directing the publication of Notice of
Intention to issue certificates of obligation totaling approximately $7,065,000 for miscellaneous
drainage improvements; and providing for an effective date.
Bryan Langley, Director of Finance, stated that during the recent budget development process, it
was determined that additional funding was needed to construct various drainage improvements
throughout Denton. The 2007-08 proposed budget included a one cent tax increase to support
the issuance of Certificates of Obligation. The bond proceeds would provide funding for the
following drainage projects: Mingo Road and Paisley, Ector Street, Kings Row at Cooper
Branch, Magnolia Street Drainage, Cooper Creek improvements and Pecan Creek improvements.
The following ordinance was considered:
NO. 2007-177
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION TOTALING APPROXIMATELY $7,065,000 FOR
MISCELLANEOUS DRAINAGE IMPROVEMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
D. The Council considered adoption of an ordinance accepting proposals and awarding a
contract for the purchase of “Residential Curbside Single-Stream Recycling Collection and
Processing Services” to those Denton Residential Solid Waste Customers as determined by the
City Council; providing for the expenditure of funds therefor; and providing an effective date
(Request for Proposal No. 3811 [Item 1 of RFP only – “Residential Curbside Single-Stream
Recycling Collection and Processing Services; awarded to Allied Waste Services, Inc., dba
Allied Waste Systems of Justin). The Public Utilities Board recommended approval (4-0).
Vance Kemler, Director of Solid Waste, stated that the existing curbside recycling contract
ended on November 4. He stated that the RFP included the curbside recycling contract, cart
maintenance services, recycling drop-off center services, and a single stream recyclables
processing facility.
City of Denton City Council Minutes
August 21, 2007
Page 9
Kemler stated that staff recommended the residential curbside recycling contract be awarded to
Allied Waste Services. Staff and the selection committee did not recommend a cart maintenance
services contract be awarded, and that those services would be provided by the City’s solid waste
staff. Staff and the selection committee did not recommend the drop-off recycling services
proposal be awarded, and that the City’s recycling division would provide those services. He
also stated that staff and the selection committee recommended that city staff continue
discussions with Pratt Industries concerning their proposal for the construction and operation of a
MRF.
Robert Donnelly, 3900 Quail Creek Rd, spoke regarding this item.
The following ordinance was considered:
NO. 2007-178
AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A CONTRACT FOR THE
PURCHASE OF “RESIDENTIAL CURBSIDE SINGLE-STREAM RECYCLING
COLLECTION AND PROCESSING SERVICES” TO THOSE DENTON RESIDENTIAL
SOLID WASTE CUSTOMERS AS DETERMINED BY THE CITY COUNCIL; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (REQUEST FOR PROPOSAL NO. 3811 [ITEM 1 OF RFP ONLY – “RESIDENTIAL
CURBSIDE SINGLE-STREAM RECYCLING COLLECTION AND PROCESSING
SERVICES; AWARDED TO ALLIED WASTE SERVICES, INC., DBA ALLIED WASTE
SYSTEMS OF JUSTIN).
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
E. The Council considered nominations/appointments to City boards and commissions.
Council Member Montgomery nominated Jim Strange to the Construction Advisory and Appeals
Board. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
F. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Marti Settle regarding storage trailers in front yards.
Ms. Settle, 904 Skylark, stated that she had purchased a lot on Valley Creek and was building a
house. She expressed concerns that the neighborhood had a lot of homes with trailers parked on
improved surfaces in the front yard. She requested that the Council consider revising the
ordinance.
City of Denton City Council Minutes
August 21, 2007
Page 10
B. Nell Yeldell regarding the City tapping into people’s phone lines.
Ms. Yeldell was not at the meeting.
C. Yolanda Dale regarding the MLK Center manager.
Ms. Dale, 3336 Brooke Street, spoke in support of hiring Bobby Givens as the MLK Center
Manager.
D. Patsy Brooks regarding the MLK Center Manager.
Ms. Brooks, 1208 Polk Street, spoke in support of hiring Bobby Givens as the MLK Center
Manager.
E. Dorothy Schufford regarding the MLK Center manager.
Ms. Schufford, 1400 E. University, #2210, spoke in support of hiring Bobby Givens as the MLK
Center Manager.
F. Thomas Murray regarding the MLK Center.
Mr. Murray, 1400 E. University, #2210, spoke in support of hiring Bobby Givens as the MLK
Center Manager.
G. Shirley Hillman regarding the MLK Recreation Center manager’s
position.
Ms. Hillman, 921 Hill Street, requested that funding be placed in the budget for a full-time
Manager at the MLK Center and that Bobby Givens be placed in that position.
H. Willie Hudspeth regarding the manager of the Martin Luther King Center.
Mr. Hudspeth, 623 Newton, spoke in support of hiring Bobby Givens as the MLK Center
Manager.
I. Marcella Franklin regarding the MLK Center management.
Ms. Franklin, 317 Hill, stated that the MLK Center needed a full-time manager.
G. New Business and Announcements
Mayor McNeill requested a work session item on the September 11 agenda regarding special
events.
Mayor McNeill requested a memo with the pros and cons of paper ballots versus electronic
voting.
H. City Manager’s Report
City of Denton City Council Minutes
August 21, 2007
Page 11
City Manager Campbell did not have any items for Council.
I. 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.
J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no official action from the Closed Meeting.
With no further business, the meeting was adjourned at 7:55 p.m.
____________________________________
PERRY R. McNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS