January 23, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
January 23, 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, January 23, 2007 at 6:30 p.m. in the Council
Chambers at City Hall.
PRESENT: Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members
Heggins, McElroy, and Montgomery.
ABSENT: Mayor McNeill and Council Member Thomson
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 Pro Tem Kamp presented a proclamation for Denton Family Unity Month.
B. December and January Yard-of-the-Month Awards
There were no Yard of the Month Awards presented at this meeting.
3. CONSENT AGENDA
Mayor Pro Tem Kamp indicated that a speaker card had been submitted for an item on the
Consent Agenda.
Chris Flemmons, 1322 Egan, Denton 76201, spoke on behalf of the Save Fry Street
Organization. He commended Council for the passing of the tax abatement provisions for the
Fry Street area.
Deputy Mayor Pro Tem Mulroy requested that Item A be pulled from consideration. He
motioned to approve the remainder of the Consent Agenda.
Council Member McElroy requested that Item B be pulled for separate consideration in order to
have an explanation of the abatement.
Deputy Mayor Pro Tem Mulroy amended his motion, Heggins seconded to approve Consent
Agenda Items C-L and the accompanying ordinances and resolutions. On roll vote, Heggins
“aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, and Mulroy “aye”. Motion carried
unanimously.
Item #3B was considered.
Council Member McElroy stated that the key point of the policy included an abatement for the
Fry Street Small Area Plan. It provided guidelines and criteria to govern the use of the
abatement.
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January 23, 2007
Page 2
Mulroy motioned, Montgomery seconded to approve Item 3B. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, and Mulroy “aye”. Motion carried
unanimously.
A. This item was not considered.
B. R2007-001 - A resolution of the City Council of the City of Denton, Texas,
establishing a policy for tax abatement for the Fry Street Small Area Plan District
in the City of Denton to establish guidelines and criteria governing tax abatement
agreements; and declaring an effective date.
C. 2007-012 - An ordinance accepting competitive bids and awarding a contract for
the purchase of one 4800 gallon water truck for the City of Denton Solid Waste
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3667–Water Truck for City of Denton Landfill awarded to the
lowest responsible bidder Grande Truck Center, in the amount of $161,088). The
Public Utilities Board recommended approval (4-0).
D. 2007-013 - An ordinance of the City of Denton, Texas, amending the Code of
Ordinances of the City of Denton, by amending Article IV of Chapter 18 by
adding Division 3 to establish a Parking Violations Division; providing a
repealing clause; providing a severability clause; providing a penalty not to
exceed $500.00; and providing an effective date.
E. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1.Wells Fargo/Carter, Jeffrey Overpayment 2005$2,404.93
2. Marshall, Curtis & Dawn Overpayment 2005 $ 811.56
3.Windjammer Ltd DCAD Supplemental Change 2005$ 680.17
F. 2007-014 - 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 three roll off bodies and
three 100 yard trailers 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 3703–Interlocal Agreement for Roll Off Bodies and Trailers with H-GAC
awarded to Rush Equipment Center in the amount of $196,646.10 and B&C Body
Co. in the amount of 100,941.75 for a total award amount of $297,587.85). The
Public Utilities Board recommended approval (4-0).
G. 2007-015 - An ordinance in accordance with the provisions of State law
exempting such purchases from the requirements of competitive bidding awarding
a contract for purchase of a Caterpillar Model 345 BL Hydraulic Excavator MA2
from the City of Brownwood; providing for the expenditure of funds therefore;
and providing for an effective date (File 3704–Purchase of Landfill Excavator
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January 23, 2007
Page 3
awarded to the City of Brownwood, Texas in the amount of $155,000). The
Public Utilities Board recommended approval (4-0).
H. 2007-016 - An ordinance approving the expenditure of funds for the purchase of
twenty-one Flashback Mobile Digital Video Systems for the City of Denton
Police Department 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 3706–Purchase of Mobile
Digital Video Systems for Police Vehicles awarded to L3 Communications
Mobile-Vision Inc. in the amount of $114,870).
I. 2007-017 - An ordinance approving the expenditure of funds for the purchase of a
replacement pump 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
3691–Purchase of Replacement Pump for Hickory Creek Lift Station awarded to
NAABTECH, LLC in the amount of $28,412). The Public Utilities Board
recommended approval (4-0).
J. Approved the appointment of a Deputy City Secretary.
K. 2007-018 - An ordinance of the City of Denton, Texas, authorizing the
expenditure of funds to pay the Denton Central Appraisal District (DCAD) the
City of Denton’s portion of the budget allocation in an amount not to exceed
$315,855.56; and providing an effective date.
L. Approved the minutes of:
December 12, 2006
December 19, 2006
4. PUBLIC HEARINGS
A. The Council held the second of two public hearings to consider the voluntary
annexation and service plan for approximately 23.84 acres. The property to be annexed was
generally located in the southwestern area of the City of Denton’s Extraterritorial Jurisdiction
(ETJ) at the northwest corner of I-35W and Robson Ranch Road. The Planning and Zoning
Commission recommended approval (7-0). (A06-0003, Robson Ranch Retail)
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
public hearing for this site. A commercial retail center development was proposed. The service
analysis for the proposed annexation was included in the agenda materials. The Planning and
Zoning Commission recommended approval to move forward with the annexation. The first
reading of the annexation ordinance would be February 13, 2007.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
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January 23, 2007
Page 4
No action was required on this item at this meeting.
B. The Council held the second of two public hearings to consider the voluntary
annexation and service plan for approximately 18.27 acres. The property to be annexed was
generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction
(ETJ) north of U.S. 380 west of Masch Branch Road and legally described as Lot 1 of the
Marriott Garden Addition. The Planning and Zoning Commission recommended approval (7-0).
(A06-0006, Marriot Garden Addition, Lot 1)
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
hearing on this proposed voluntary annexation. Currently the site was used by Denton County
for a maintenance facility. The Planning and Zoning Commission recommended approval for
continuation of annexation. The first reading of the annexation ordinance would be February 13,
2007.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
No action was required on this item at this meeting.
C. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 30 acres from a Neighborhood Residential 2 (NR-2) to a
Neighborhood Residential 3 (NR-3) zoning district. The subject property was generally located
at the southwest corner of Hinkle Drive and Windsor Street. The Planning and Zoning
Commission recommended approval (6-0). (Z06-0014, Parkside Meadows)
Brian Lockley, Interim Director of Planning and Development, requested to postpone
consideration of this item to a date certain and recommended to continue the public hearing to
February 6, 2007.
th
Mulroy motioned, Heggins seconded to continue the public hearing to the February 6 council
meeting. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, and
Mulroy “aye”. Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of 2.0 acres of land from a Regional Center Commercial Neighborhood
(RCC-N) zoning district to a Regional Center Commercial Downtown (RCC-D) zoning district
with an overlay district. The property was located on the west side of I-35N, north of Schuyler
Derive. The Planning and Zoning Commission recommended approval (7-0). (Z06-0003, I-35
RV Center)
Brian Lockley, Interim Director of Planning and Development, stated that this was a rezoning
request of a 2 acre parcel on the west side of I35E. The Planning and Zoning Commission
reviewed the proposal in September and recommended denial 4-1 due to the location of property.
Some of the Commissioners felt this area was a gateway to the city and rezoning would open
similar issues in the area without any mitigation to soften the edge from the highway. Council
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January 23, 2007
Page 5
remanded the proposal back to Planning and Zoning for further consideration. The applicant
proposed an overlay district. The proposal would expand the current use and allow for additional
display of RV sales. A service garage would be constructed at a later date. A proposed buffer
would pave the front of the site and add landscaping to the site.
The Mayor Pro Tem opened the public hearing.
Larry Reichhart, speaking for the applicant, stated that there would be 50 feet of concrete paving
on both sides of the proposal. He requested that the existing side of the property would not have
to be done until the entire site was ready to be concreted.
City Attorney Snyder stated that the ordinance was silent on the timing of the improvements. It
could be done when a building permit was issued.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2007-019
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF 2.0 ACRES FROM REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D)
WITH AN OVERLAY DISTRICT GENERALLY FRONTING 310.12 FEET ON THE
WEST SIDE OF INTERSTATE 35N (I35N) BEGINNING AT A POINT
APPROXIMATELY 1,500 FEET NORTH OF SCHUYLER DRIVE AND LEGALLY
DESCRIBED AS BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND
SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A CALLED
12.0008 ACRE TRACT, AS DESCRIBED IN A DEED TO MARY BESS MILLER
AND J. A. MILLER, RECORDED IN COUNTY CLERK’S FILE NUMBER 99-
F0001872, REAL PROPERTY RECORDS OF 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. (Z06-0003)
Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, and Mulroy “aye”. Motion carried
unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the issuance, sale,
and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2007, and
approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
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January 23, 2007
Page 6
Gary Calmes, Utilities Finance Administrator, stated that the City’s financial advisor, First
Southwest, had advised the City that the market was favorable for a refunding opportunity for
savings on the 1998A Refunding and the 2001 Utility Refunding and Improvement bonds. The
refunding had the potential to save the Utility System an estimated $150,000/year in interest and
an estimated total interest savings of $3,656,089 over the life of the bonds.
The following ordinance was considered:
NO. 2007-020
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES
2007, AND APPROVING AND AUTHORIZING INSTRUMENTS AND
PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, and Mulroy “aye”. Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting competitive bids and
awarding an annual contract for the purchase of print materials for the City of Denton Library
System; providing for the expenditure of funds therefor; and providing an effective date (Bid
3666–Library Print Materials awarded to the lowest responsible bidder for each item, Baker and
Taylor, Inc. in the estimated cumulative annual amount of $950,000).
Howard Martin, Assistant City Manager, stated that the bid represented printed materials and
services to the library. This was a substantial increase in funding provided by Council during the
last budget cycle for the purchase of materials.
The following ordinance was considered:
NO. 2007-021
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF PRINT MATERIALS FOR THE
CITY OF DENTON LIBRARY SYSTEM; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING 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. Citizen Reports
1. Council review ed procedures for addressing the City Council
2. The Council received citizen reports from the following:
A. Jordan Hudspeth regarding concerns of Southeast Denton.
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January 23, 2007
Page 7
Ms. Hudspeth was not present at the meeting.
B. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
C. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
D. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth requested that the smoking container be moved to the north side of the sidewalk.
He stated that he felt Council was “evil” with a definition evil being when good people refused
to do what was right. He again commented on the fact that there were no African-American fire
fighters and felt that the fire fighter test was skewed towards white applicants. He indicated that
he would ask the NAACP and Justice Department to look at the injustice of the situation.
E. Roger Horrell regarding Loop 288.
Mr. Horrell commented on the traffic situation on Loop 288. Citizens were wondering what
could be done with the mess at Loop 288 and Brinker Road. He suggested positioning police
officers at key intersections during rush hours to assist with traffic movement. The traffic mess
was having a large impact on businesses in the area. He felt that going to the Vista Ridge Mall
was faster than going through traffic in that area.
F. Robert Donnelly regarding the Development Code.
Mr. Donnelly again spoke on the Development Code and common business practices of the city.
He felt that the drainage issue seemed to be the tip of iceberg. He suggested that the Code was
not being following in terms of set backs and that an ADP could be obtained rather than ignoring
the Code. He had been told that this was a civil issue between himself and the developer.
However, the City sued a gas well company for code violations for a well in the City’s ETJ but
his problem was considered a civil issue. He asked for an explanation why the City would sue
for someone in the ETJ and not help a citizen.
D. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member McElroy and Council Member Heggins stated that the parking lot at
the South Branch Library was not well lit and asked someone to look into the
situation.
2. Council Member McElroy requested someone look at the timing of the traffic lights
at Loop 288.
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January 23, 2007
Page 8
3. Council Member McElroy requested staff work with Mr. Donnelly regarding
deviations from the Development Code and to make sure the Code was being
followed.
E. 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.
City Manager Campbell requested a response to past citizen inquiries regarding the Denton Fire
Department and hiring practices.
Quentin Brown, Recruiting Management Analyst-Denton Fire Department, presented an update
on how information was presented to residents in order to increase the interest of minority
participants in the Fire Department’s testing process. He had attended community outreach
programs and job fairs to help increase the awareness of minority participation in the testing
process. He indicated that the next phase was to concentrate on future recruitment and retention
of student of all diverse backgrounds in the city by creating an Explorer program in the Fire
Department.
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.
There was no official action from the Closed Meeting.
With no further business, the meeting was adjourned at 7:40 p.m.
________________________________
PERRY MCNEILL
MAYOR
CITY OF DENTON, TEXAS
________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS