December 4, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 4, 2007
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, December 4, 2007 at 5:00 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.The City Council met with the 2008 Leadership Denton class in the City Hall Conference
Room and returned to the Work Session Room following the completion of the discussion.
2.Staff responded to requests for clarification of agenda items listed on the agenda for
December 4, 2007.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider specific items when these items are listed below under the Closed Meeting section of
this agenda.
1.Closed Meeting:
A.Consultation with the City’s Attorneys – Under Texas Government Code, Section
551.071
1.Received legal advice from the City's attorneys regarding the issue of
discounted electric rates for state universities; legal issues and remedies
thereon; and discussed and deliberated the City's legal posture regarding
same. A public discussion of these legal matters conflicted 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.
2.Consultation with the City’s attorneys to discuss legal issues associated
with UNT Chi Alpha house, and threatened litigation involving same.
B.Deliberations regarding Real Property – Under Texas Government Code Section
551.072 and; Consultation with the City’s Attorneys – Under Texas Government
Code Section 551.071.
1.Discussed, deliberated, considered, received information from staff, and
provided staff with direction pertaining to the possible terms of purchase
of and valuation issues respecting the possible acquisition of an
approximate 2.834 acre tract of real property for street right-of-way and
the possible acquisition of an approximate 0.393 temporary construction,
grading and access easement, all for a public purpose; which real property
lies within the Mary Austin Survey, Abstract No. 4, City of Denton,
Denton County, Texas, and was located north of intersection of Brinker
Road and Spencer Road, and receipt of legal advice for legal issues related
thereto. (Brinker Road Extension Project)
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December 4, 2007
Page 2
The Closed Session was adjourned at 6:55 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, December 4, 2007 at 7:00 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 a proclamation for Police Appreciation Day.
Mayor McNeill presented the award for the Best Marketing Program for the 2007 Texas
Downtown Association Presidents Awards Program to Julie Glover, Downtown Development
Department.
3. CONSENT AGENDA
Mayor McNeill highlighted the items listed on the Consent Agenda.
Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with corrections to the November 6, 2007 minutes. On roll vote,
Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor McNeill “aye”. Motion carried unanimously.
A.2007-270 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Denton Festival Foundation for
Supplemental Funding for the Arts and Jazz Committee for the 2008 Denton Arts
and Jazz Festival; providing for the expenditure of funds therefore; and providing
for an effective date. ($2150)
B.2007-271 – An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute an administrative services agreement for
self-funded employee benefit plans with Fiserv Health Plan Administrators, Inc.;
authorizing the expenditure of funds therefor; and providing an effective date.
(RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy
Benefits awarded to Fiserv Health in the estimated amount of $356,000)
C.2007-272 – An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute a pharmacy benefit management
agreement for self-funded prescription benefits with Express Scripts, Inc.;
authorizing the expenditure of funds therefor; and providing an effective date.
(RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy
Benefits awarded to Express Scripts, Inc. in the estimated amount of $46,000)
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December 4, 2007
Page 3
D.Approved the minutes of:
October 2, 2007
October 16, 2007
November 5, 2007
November 6, 2007
E.2007-273 – An ordinance authorizing the partial abandonment of a 0.1403 acre
water easement tract situated in the E. Puchalski Survey, Abstract No. 996, and
recorded in Document Number 96-R0033726, of the Real Property Records of
Denton County, Texas; and providing an effective date. The Public Utilities
Board recommended approval (5-0).
F.Approved the tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1. Denton PCR Ltd DCAD Supplemental Change 2006 $5,920.43
2. MAS Denton VZ LP/Verizon SouthwestDCAD Supplemental Change 2006 $ 514.47
G.2007-274 – An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund
with Certificates of Obligation with an aggregate maximum principal amount
equal to $2,300,000 so that General Fund vehicles and equipment may be
purchased; and providing an effective date.
H.2007-275 – An ordinance of the City of Denton, Texas amending the provisions
of Chapter 19 relating to Municipal Court by amending Section 19-8 to increase
the administrative fee charged for certain dismissals of certain traffic offenses
from ten dollars to twenty dollars; additionally the state statute numbers
referenced in Section 19-8 have been updated to reflect the current statute
numbers of these laws; providing for a severability clause; providing a repealer
clause; providing a savings clause; and providing for an effective date.
I.R2007-041 – A resolution authorizing the City of Denton, as Trustee, to sell
certain real property located at 1330 Morse Street; consenting to the sale of
certain real property to the highest bidder as provided by law; authorizing the
Mayor of the City of Denton, Texas to execute a deed without warranty and any
other documents necessary or appropriate to convey certain real property sold by
the City of Denton, as Trustee, pursuant to section 34.05 of the Texas Property
Tax Code; and providing for an effective date.
J.2007-276 – An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to professional services agreement for
surveying services with Coleman & Associates Land Surveying, for additional
services pertaining to conventional technology to monitor and report the rate of
fill in Cell 2 of the City’s landfill (File 3901–in the additional amount of $75,000,
and a grand total of $122,957 for both the first amendment and the original
agreement); authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommended approval (6-0).
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December 4, 2007
Page 4
K.2007-277 – An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional and personal services
agreement by and between the City of Denton, Texas and the firm of Telvent
Miner & Miner Consulting Engineers, Inc. to provide software engineering
services associated with the migration of the Denton Municipal Electric Utility
Geographic Information System (“GIS”); authorizing the expenditure of funds
therefor; and providing an effective date. (File 3919–in a not to exceed amount of
$78,755). The Public Utilities Board recommended approval (5-0).
L.2007-278 – An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement for engineering services
and related services for approved electrical power system construction projects for
Denton Municipal Electric with SGS Engineering, LLC. (File 3927–in an amount
not-to-exceed $508,000); authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
(6-0).
4.PUBLIC HEARINGS
A. The Council continued a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood
Residential–2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district.
The tract of land was located on the east side of Country Club Road, approximately 475 feet
south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning
AC
Commission recommended approval (3-1).
SUPERMAJORITY VOTE BY OUNCIL WAS
.
REQUIRED FOR APPROVAL DUE TO PROPERTY OWNER OPPOSITION
Mayor McNeill stated that the City had a received a request from the applicant to continue the
public hearing to the December 11, 2007 City Council meeting.
The Mayor re-opened the public hearing.
Ray Baker, 201 Regency Court, spoke in opposition to the rezoning. He did not feel the
proposed zoning was commensurate with adjacent neighborhoods.
Mulroy motioned, Heggins seconded to continue the public hearing to the December 11, 2007
City Council meeting. 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 held a public hearing and considered adoption of an ordinance
regarding the approval of a Specific Use Permit (SUP) to allow gas well drilling and production
on a property currently zoned Neighborhood Residential 4 (NR-4). The proposed site was
located on the northeast corner of Bonnie Brae and Roselawn Drive. (S07-0014,
Chamberlin/Elder GWP) The Planning and Zoning Commission recommended approval (5-0).
Brian Lockley, Interim Director of Planning and Zoning, stated that the applicant was requesting
this SUP to allow gas well drilling and production on property that was currently zoned NR-4.
Gas well drilling and production was permitted within the NR-4 zoning district with an approved
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December 4, 2007
Page 5
SUP. Currently the property had an approved gas well plat that identified two pad sites. The pad
site located to the east was developed and had an existing gas well in production. The applicant
was requesting to drill three additional wells on that existing gas well pad site. The pad site
located to the west had not been developed and was reserved for a future gas well.
Lockley stated that the Planning and Zoning Commission had recommended approval with two
conditions. A visually appealing screen fence should be installed around all gas well facilities
within 90 days after completion of drilling. Development and operation of the gas well
development should be subject to the further limitations of the proposed Amended Gas Well
Plat.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Lee Ann Todd, 3316 Roselawn Drive, spoke in opposition. She expressed concerns
regarding noise pollution, pollution to the water table and water wells, and oil running on
the ground at the site.
Curtis Elder, 3880 Roselawn Drive, spoke in support.
Mary Patton, Range Resources, spoke in support.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-279
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AMENDED SPECIFIC USE PERMIT TO ALLOW GAS WELL DRILLING AND
PRODUCTION ON APPROXIMATELY 45.715 ACRES OF LAND GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BONNIE BRAE AND ROSELAWN
DRIVE AND CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 (NR-4);
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S07-
0014)
Mulroy motioned, Watts seconded to approve the SUP with the conditions recommended by the
Planning and Zoning Commission. 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 held a public hearing and considered adoption of an ordinance
regarding the zoning of approximately 129.6 acres of land and adjacent street right-of-way for
Loop 288 containing approximately 9.1 acres from the initial annexation zoning of Rural
Residential (RD-5) to a Regional Center Commercial Downtown (RCC-D) zoning district. The
property was located on the west side of I35 North at the proposed extension of Loop 288.
(Z07-0011, Westview Commercial) The Planning and Zoning Commission recommended
approval (5-0).
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December 4, 2007
Page 6
Brian Lockley, Interim Director of Planning and Development, stated that this was a request to
rezone the property from RD-5 to RCC-D zoning district. The property was located on the west
side of I-35 North at the proposed extension of Loop 288. The property was currently developed
with one gas well and the owner proposed eventual development of commercial land uses. The
site also included property owned by the City that was developed with an elevated water storage
tank.
The Mayor opened the public hearing.
Larry Reichhart, Springbrook Planning Group, stated that he was available to answer any
questions the Council might have.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-280
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING 129.6
ACRES OF LAND AND ADJACENT STREET RIGHT OF WAY FOR LOOP 288,
LOCATED ON THE WEST SIDE OF I-35 NORTH AT THE PROPOSED
EXTENSION OF LOOP 288, TO REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC-D) CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z07-0011)
Multoy 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 held a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 185-acre tract of land from a Rural Residential (RD-
5) zoning district to an Industrial Center General (IC-G) zoning district. The tract of land was
located on the west side of Underwood Road, south of Denton Municipal Airport and north of
Hickory Creek.(Z07-0023, Aldi Distribution Center) The Planning and Zoning Commission
recommended approval (5-0).
Brian Lockley, Interim Director of Planning and Development,
The Mayor opened the public hearing.
Scott Huska, Aldi Corporate, 1517 Centre Place Dr, spoke in support
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
December 4, 2007
Page 7
NO. 2007-281
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING
181.123 ACRES OF LAND, LOCATED ON THE WEST SIDE OF UNDERWOOD
ROAD, SOUTH OF DENTON MUNICIPAL AIRPORT AND NORTH OF HICKORY
CREEK, TO INDUSTRIAL CENTER GENERAL (IC-G) CLASSIFICATION AND
USE DESIGNATION 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. (Z07-0023)
Watts 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.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving the expenditure of funds for the purchase of an application
service provider agreement, by and between the City of Denton and Enercom, 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 3928–Application Service Provider Agreement in
an amount not to exceed $62,600). The Public Utilities Board recommended approval (5-1).
Lisa Lemons, Marketing Department Manager, stated that DME was expanding its Energy Audit
Program through the installation of the Energy Depot software to attract customers to use an
online energy audit program. The product would allow the customer to calculate the energy
consumption of specific appliances and do energy comparisons of existing appliances to
potential new purchases. The tool also included local weather data to give the most detailed
information to the customer.
The following ordinance was considered:
NO. 2007-282
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN APPLICATION SERVICE PROVIDER AGREEMENT, BY AND
BETWEEN THE CITY OF DENTON AND ENERCOM, 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 3928–APPLICATION SERVICE PROVIDER
AGREEMENT IN AN AMOUNT NOT TO EXCEED $62,600).
City of Denton City Council Minutes
December 4, 2007
Page 8
Kamp motioned, Heggins seconded to approve 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.Consider nominations/appointments to the City’s Boards and Commissions.
Deputy Mayor Pro Tem Mulroy nominated Salty Rishel to a regular position on the Zoning
Board of Adjustment. Deputy Mayor Pro Tem Mulroy nominated Ray Cox to an alternate
position on the Zoning Board of Adjustment. Council Member Heggins nominated Milliard
Heath to a regular position on the Zoning Board of Adjustment. Council Member Heggins
nominated Larry Walton to an alternate position on the Zoning Board of Adjustment. The City
Secretary’s office had not verified Mr. Walton’s application, so his nomination could not be voted
on at this meeting.
On roll vote to approve the nominations, Heggins “aye”, Kamp “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
C.Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
A.Ginger Ester regarding issues for the Council Code Enforcement
Committee to consider and concerns regarding city procedures for
access to information and accomplishing solutions to issues.
Ms. Ester stated that she had made calls to various city departments and received incorrect
information from city employees. She also stated that the city needed to look at city streets and
parks before looking at people’s properties as it relates to property maintenance issues.
D.New Business and Announcements
Mayor Pro Tem Kamp stated there was a feral cat society working for UNT and a national
movement to do trap, neuter, release for feral cats. She requested that the City Manager look
into the feasibility of allowing it in Denton.
E.City Manager’s Report
City Manager Campbell 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 the Closed Meeting.
G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
December 4, 2007
Page 9
Regarding electric rates, Mulroy motioned, Kamp seconded to authorize the City Attorney to
exercise any legal remedies he deemed appropriate to protect the City’s interests regarding
electric rates. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 8:30 p.m.
____________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS