February 20, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 20, 2007
After determining that a quorum was present, the City Council convened in a Regular Meeting of
the City of Denton City Council on Tuesday, February 20, 2007 at 6:30 p.m. in the Council
Chambers 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. 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 Peace Corps Week to David Hiegel, a volunteer for
the Peace Corps.
Mayor McNeill presented a proclamation for Severe Weather Awareness Week in Denton to
Ross Chadwick, Fire Chief, Denton Fire Department.
B. February Yard-of-the-Month Awards
Mayor McNeill presented Yard-of-the-Month Awards to:
Jennifer Hunter, 3009 North Manor Court
Ron and Elaine Fannin, 1910 Archer Trail
Anthony Lundy, 913 Alice
Letha McKinney, 525 Boardwalk
3. CONSENT AGENDA
Robert Donnelly, 3900 Quail Creek Road, spoke regarding Consent Items B, C, H, M, and N.
McElroy 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.
A. 2007-035 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interjurisdictional Mutual Aid Agreement; and declaring
an effective date.
City of Denton City Council Minutes
February 20, 2007
Page 2
B. 2007-036 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Opening Doors Immigration Services for
provision of assistance to victims of domestic violence; providing for the
expenditure of funds therefor; and providing an effective date.
C. 2007-037 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Interfaith Ministries for the provision of
assistance to low-income adults; providing for the expenditure of funds therefor;
and providing an effective date.
D. 2007-038 - An ordinance of the City of Denton abandoning and vacating an
approximate 0.5782-acre tract of that certain public right-of-way being a tract of
land in the B.B.B. & C. Railroad Company Survey, Abstract No. 192, and the J.
Perry Survey, Abstract No. 1040, and being a portion of Jim Christal Road and
also embracing a part of that certain tract conveyed by Annie Spurgin to J.
Newton Rayzor by deed recorded in Volume 440, Page 342, of the Denton
County Deed Records, Denton, Texas, and providing an effective date.
E. 2007-039 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton
Water Treatment Plants; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3709-Annual Contract for Water Treatment
Chemicals awarded to the lowest responsible bidder for each item in the annual
estimated amount of $902,000). The Public Utilities Board recommends
approval (7-0).
F. 2007 -040 - An ordinance authorizing the City Manager or his designee to execute
Change Order One to the contract between the City of Denton and Jagoe-Public
Company; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3518-Vintage Parkway Paving Change Order One in the
amount of$212,772).
G. 2007 -041 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of one lube truck for the
City of Denton Solid Waste Department by way of an Interlocal Agreement with
the City of Denton; and providing an effective date (File 3726-lnterlocal
Agreement for Lube Truck with H-GAC awarded to Rush Truck Centers of Texas
L.P. in the amount of $210,173). The Public Utilities Board recommends
approval (6-0).
H. 2007-042 - An ordinance authorizing the City Manager to accept an Interlocal
Agreement with the City of Georgetown, Texas to authorize participation in
various City of Denton contracts for the purchase of various goods and services
and to authorize the City of Denton participation in various City of Georgetown
contracts for the purchase of various goods and services; authorizing the
expenditure of funds therefor; and declaring an effective date (File 3734-
Interlocal Agreement with Georgetown, Texas).
City of Denton City Council Minutes
February 20, 2007
Page 3
I. 2007-043 - An ordinance determining a sole source and approving the
expenditure of funds for the purchase of a Vapex Hydroxyl Ion Fog Odor Control
System for the Hickory Creek Lift Station available from only one source in
accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; and providing an effective date (File 3727-
Purchase of Vapex Odor Control Unit for State School Road Area awarded to
Process Solutions, Inc. in amount not to exceed $60,000). The Public Utilities
Board recommends approval (6-0).
J. Approved tax refunds for the following property taxes:
Name
Reason
Tax
Amount
Year
K. 2007 -044 - An ordinance of the City of Denton authorizing a second amendment
to the Economic Development Program Grant Agreement between SFT Industrial,
Ltd. and the City of Denton; and providing an effective date. (Granite Properties)
The Economic Development Partnership Board recommends approval (5-0).
L. 2007-045 - An ordinance of the City of Denton, Texas approving the termination
and release of that certain lease agreement dated November 15, 2005, related to
the use of street right-of-way, by and between the City of Denton, Texas and John
Eric Schmitz; and providing an effective date.
M. R2007-004 - A resolution of the City Council of the City of Denton, Texas,
authorizing the participation in a joint coalition of cities known as Alliance of Gas
Municipalities ("AGM") comprised of cities served by Atmos Energy
Corporation, Centerpoint Energy Entex, and Texas Gas Services to work on
legislative issues or common concern affecting ratepayers; providing for
formation of a steering committee; providing for the employment of legal experts
related to said efforts; finding that the meeting complies with the Open Meetings
Act; making such other findings and provisions related to the subj ect; and
declaring an effective date.
N. 2007-046 - An ordinance authorizing the participation of the City of Denton,
Texas in the action styled City of Webster and the Webster Economic
Development Corporation vs. Carole Keeton Strayhorn, in her official capacity as
Comptroller of Public Accounts for the State of Texas, currently pending in the
261st District Court of Travis County, and to pursue such other remedies and
matters relating to sales tax allocation; authorizing the expenditure of funds; and
providing an effective date.
O. Approved the minutes of:
January 23, 2007
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
providing for an amendment to the Denton Mobility Plan. The requested change was regarding
removal of a proposed collector road that would connect US 380 to Westward Street. (CA06-
0008, Rayzor Ranch) The Planning and Zoning Commission recommended approval (7-0).
City of Denton City Council Minutes
February 20, 2007
Page 4
Brian Lockley, Interim Director of Planning and Development, stated the proposed amendment
to the Mobility Plan would remove a proposed north/south collector that runs north through the
middle of the property from Hwy 380 to Westward St. The property's Traffic Impact Analysis
would determine the neccessity of a collector(s) on the property. The location, orientation and
connectivity of such a roadway would be different from that shown on the current Mobility Plan.
The Mobility Committee recommended approval.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Joyce Poole, 3021 N. Bonnie Brae, spoke in opposition. She was concerned about the
amount of traffic and that there needed to be a collector street.
The Mayor closed the public hearing.
The following ordinance was considered:
2007-047
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE DENTON
MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS, PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA06-0008)
Kamp 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.
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 10.2 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 to further restrict uses on the subject property to Church and Church related uses. The
subject property was located on the west side of Teasley Lane, southwest of the corner of
Leatherwood and Teasley Lane. (206-0038, Faith United Methodist Church) The Planning and
Zoning Commission recommended approval with an Overlay District (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that the applicant was
proposing to build a church on the property. The proposed church exceeded the height limit and
building size for the current zoning. Staff recommended that an overlay district be placed on the
property to limit uses to a church and church related uses in order to maintain compatibility with
the adjacent uses. Multi-Family and Single Family uses would not be allowed. Access for the
property would be from Teasley Lane.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
City of Denton City Council Minutes
February 20, 2007
Page 5
John Lugenheim, 1917 Quail Run, Corinth, spoke in support of the rezoning but stated
that the wording for the overlay district was a concern. He stated that a logical use next
to a church would be a parsonage.
The Mayor closed the public hearing.
The following ordinance was considered:
2007 -048
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT WITH A MIXED USE RESIDENTIAL PROTECTION OVERLAY,
RESTRICTING THE USES TO CHURCH AND CHURCH RELATED USES FOR
PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK A, OF THE GREGORY &
KATHLEEN POLLOCK ADDITION, AN ADDITION TO THE CITY OF DENTON,
TEXAS ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET L,
PAGE 139 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0038)
Kamp motioned, Thomson seconded to adopt the ordinance with the overlay. On roll vote,
Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "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 to
declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General
Fund with Certificates of Obligation for the acquisition of three 500-gallon pumper trucks for the
City of Denton Fire Department; declaring an emergency and amending the 2006-07 Capital
Improvement Budget to allow funding for said project; and providing an effective date. (Related
costs $1,750,000)
Ross Chadwick, Fire Chief, stated that this reimbursement ordinance would provide the funds to
purchase three additional pumper trucks with equipment for the Fire Department. The
Unreserved Fund Balance of the General Fund would be reimbursed with Certificates of
Obligation that would be sold in the spring.
Chadwick stated that the City had purchased two fire engines in the FY 2005-06 budget that
were being delivered in February 2007. Pierce Manufacturing, through Martin Apparatus, had
proposed significant incentives to the City if it purchased additional engines off the current bid
and specifications by February 27, 2007. This would give the City an opportunity to replace
three existing reserve engines that were not in good working condition rather than waiting until
FY 2008-09. The City had the potential to save $1,333,590 and improve the overall condition of
the Fire Department equipment. The Audit/Finance Committee recommended approval.
City of Denton City Council Minutes
February 20, 2007
Page 6
The following ordinance was considered:
NO. 2007-049
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 FOR THE
ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY OF
DENTON FIRE DEPARTMENT; AND AMENDING THE 2006-07 CAPITAL
IMPROVEMENT BUDGET TO ALLOW FUNDING FOR SAID PROJECT; AND
PROVIDING AN EFFECTIVE DATE. (RELATED COSTS $1,750,000)
Kamp 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.
B. The Council considered adoption of an ordinance of the City of Denton
authorizing the City Manager or his designee to execute a purchase order with the Houston-
Galveston Area Council of Governments (HGAC) for the acquisition of three 500-gallon pumper
trucks for the City of Denton Fire Department by way of an Interlocal Agreement with the City
of Denton; and providing an effective date (File 3740-lnterlocal Agreement for Purchase of
Three Fire Trucks with HGAC awarded to Martin Apparatus, Inc, in the amount of $1,318,660).
The following ordinance was considered:
NO. 2007-050
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (HGAC) FOR
THE ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY
OF DENTON FIRE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT
WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE
3740-INTERLOCAL AGREEMENT FOR PURCHASE OF THREE FIRE TRUCKS
WITH H-GAC AWARDED TO MARTIN APPARATUS, INC, IN THE AMOUNT OF
$1,318,660).
Comment Cards were submitted by:
Ken Gold, 1512 Natchez Trace - support
Kyle Arnold, Denton Firefighters Association - support
Mike Tucker, Denton Firefighters Association - support
Lonny Britten, Denton Firefighters Association - support
The following individuals spoke regarding this item:
Robert Donnelly, 3900 Quail Creek Road, questioned the difference in the amount of the
reimbursement ordinance and the purchase order.
City of Denton City Council Minutes
February 20, 2007
Page 7
McElroy 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.
C. The Council considered nominations/appointments to Boards, Commissions and
Committees.
1. Mayor Pro Tern Kamp nominated Dalton Gregory to the Human Services
Advisory Committee. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery
"aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
2. Council Member Heggins did not have a nomination to the Traffic Safety
Commission at this time.
3. Council Member Heggins nominated Billie Mohair to the Public Art
Committee. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
4. Mayor Pro Temp Pete Kamp nominated Mark Burroughs as First
Alternate and Mark Nelson as Second Alternate to the Denton County Transportation Authority
Board as representatives for the City of Denton. 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. The Council reviewed procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Robert Donnelly regarding the Denton Development Code.
Mr. Donnelly, 3900 Quail Creek Road, spoke on the Development Code and common business
practices of the city. He expressed concern that the fire access easement for Providence Place
did not meet Development Code guidelines.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
City of Denton City Council Minutes
February 20, 2007
Page 8
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
E. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Montgomery stated the stop light at University and Nottingham had no
left turn arrow off Nottingham onto University.
F. City Manager's Report
City Manager Campbell did not have any items for Council.
G. 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.
H. 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 7:45 p.m.
PERRY MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS