June 19, 2007 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
June 19, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 19, 2007 at 4:00 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, Watts.
ABSENT: None.
1. The Council received a report, held a discussion, and gave staff direction regarding
Request for Proposal (RFP) #3723, Administrative Services Only (ASO) for Medical and
Pharmacy Benefits.
Scott Payne, Risk Manager, briefed the Council on the transition from a fully insured healthcare
program to a self funded health and pharmacy benefits program. He stated they received 19
responses to the RFP. Risk Management staff and the City's benefit consultant evaluated the
proposals and chose seven to be given to an evaluation committee for further review. The
evaluation committee evaluated each of these proposals based on customer service and
professional competency, scope of services, cost of services and network discounts, provider
disruption, financial stability, reporting capabilities and data management, references and
experience with similar clients, and multi-year rate guarantees.
The evaluation committee selected four of these companies to be further evaluated. These
finalists were brought in for presentations to the Employee Insurance Committee and a question
& answer session with the evaluation committee. The evaluation committee and staff
recommended Fiserv Health for self funded medical benefits administration and Express Scripts
for self funded pharmacy benefit management services. The 2008 projected self funded cost
compared to the 2008 projected fully-insured cost should provide a savings of $1.7 million.
The Risk Management staff and the City's consultant would begin contract negotiations and
present final contracts for the self funded medical and pharmacy benefits programs to Council
for approval in July. Staff would also submit the RFP for stop loss insurance coverage to the
market and present final contracts to Council for approval in August. Open enrollment would
begin in late September and plan implementation would be January 1, 2008.
Consensus of the Council was to proceed with the staff recommendations.
2. The Council received a report, held a discussion and gave staff direction regarding the
outcome of the 2007 State Legislative Program of the City of Denton during the 80th Texas
Legislature, including future legislative issues and strategies.
John Cabrales, Public Information/Intergovernmental Relations Officer, introduced Snapper Carr
and Brandon McNally from Hil1Co Partners. Hil1Co was instrumental in helping Denton
maintain a presence with the state legislature and key elected officials.
Cabrales stated that the biggest victory for Denton and other Texas cities was the defeat of
hundreds of bad bills that would have lowered or broadened the current cap on annual increases
in property tax appraisals, imposed a property tax revenue cap, enacted costly unfunded
mandates, or eroded municipal authority to conduct local affairs.
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June 19, 2007
Page 2
Denton will benefit from legislation that will expand purchasing/contracting authority, increase
funding for local parks, and enact improvements in the "conflicts disclosure" procedures adopted
by the legislature in 2005.
Denton was successful in leading the opposition to the bill that could have had a negative impact
to the City's beneficial reuse (Dyno Products) operations.
Several bills were passed that will impact the City's Red Light Camera enforcement program.
Staff is still assessing the impact of the bills, but does know that the City will have to begin
sharing 50% of revenues from this program with the State.
Other bills relating to property tax and sales tax, purchasing, elections, open government,
municipal court, parks funding, annexations in our ETJ, utilities, transportation, and environment
were also passed. Some bills were passed that will become effective as soon as they are signed;
others will become effective on August 27.
Cabrales stated that the City had aone-year contract with Hil1Co Partners and had the option to
renew for a second year.
Consensus of the Council was to proceed with renewal of the contract for another year.
3. The Council received a report, held a discussion and gave staff direction regarding the
establishment of Public Improvement District (PID) Guidelines.
Linda Ratliff, Director of Economic Development, stated that the Economic Development
Partnership Board had drafted guidelines for the City Council to review. She stated that a PID
allowed the City to collect and levy a special assessment on property that was located within the
City Limits or within the City's ETJ. The funds from the assessment could be used to make
certain improvements to the infrastructure to facilitate economic growth within an area.
The Board recommended that the Council consider PID applications on a case-by-case basis.
Consideration would be given to developments that provided the types of development that
diversified and enhanced the tax base. The desired product should be a high quality mixed-use
development that did not exist at the time the PID application was presented. The development
should promote the policy of the Denton Plan and exceed the Denton Development Code
standards in a combination of areas.
Consensus of the Council was to proceed with staff recommendations.
4. Staff responded to requests for clarification of agenda items listed on the agenda for June
19, 2007.
A. Briefing on Hills of Denton (Public Hearing 4A).
Brian Lockley, Interim Director of Planning and Development, stated that staff recommended
that this item be continued to the next City Council public hearing date of July 17. Prior to
approval of this rezoning request, the legal review of the development plan map needed to be
completed.
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June 19, 2007
Page 3
Deputy Mayor Pro Tem Mulroy also suggested a review of the Master Planned Communities
guidelines.
Lockley suggested a review of the Council's intent when the MPC guidelines were approved.
B. Discuss selection of nominating committee for appointments to the Economic
Development Partnership Board.
McNeill stated that the Council Members on the nominating committee for the Council
Committees could also serve on the nominating committee for the EDPB.
Kamp stated that she did not feel the nominating committee for the EDPB should have the same
members as the nominating committee for the Council Committees. She stated that in the past,
the two committees were different Council members.
Kamp stated that Marty Rivers had expressed an interest in serving on the nominating
committee.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:45 p.m. to consider the following:
1. Closed Meeting:
A. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section
551.071.
1. Consulted with attorneys regarding safety procedures and avoidance of
liability claims.
B. Deliberations regarding Real Property -Under TEXAS GOVERNMENT CODE
Section 551.072; and Consultation with Attorney - Under TEXAS
GOVERNMENT CODE Section 551.071.
1. Deliberated the value and leasing of oil, gas, and mineral interests of the
City in city real property, including City property located at Cross
Timbers Park, and advice on related legal issues.
C. Consultation with Attorney Under TEXAS GOVERNMENT CODE Section
551.071.
1. Considered and discussed status and settlement demand in litigation styled
McFarling, et al. v. City of Denton, Cause No. 02-06-0023 8-CV, currently
pending in the Court of Appeals, Second District of Texas, Fort Worth
Division.
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June 19, 2007
Page 4
Regular Meeting of the City of Denton City Council on Tuesday, June 19, 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
There were no proclamation/awards for this meeting.
B. June Yard-of the-Month Awards
Mayor McNeill presented Yard of the Month Awards for:
Tom & Teresa Nelson -1144 Riney Road
Seth & Lydia Norris and Lindsey Bostick - 609 Mulberry
Roque & Hong Cruz - 2005 Oak Tree Drive
Joyce Lee & Wayne Ray -18 Oak Forrest Circle Landscaping Design by the late Master Gardener Diane Coulson -1700 Manten Blvd.
3. CONSENT AGENDA
Heggins motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On ro11 vote, Heggins "aye", Kamp "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried
unanimous y.
A. 2007-131 - An ordinance accepting competitive bids and awarding atwo-year
contract for the purchase of water and sewer parts for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3730-Two-Year Contract for Water and Sewer Warehouse Inventory
awarded to the lowest responsible bidder for like items, or by section, in the
annual estimated amount of $800,000).
B. 2007-132 - An ordinance accepting competitive bids and awarding athree-year
contract for the purchase of electric meters, CTs, and meter sockets for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3781-Three-Year Contract for Electric Meters, CTs and
Meter Sockets awarded to the lowest responsible bidder for each item in the
annual estimated amount of $250,000).
C. 2007-13 3 - An ordinance providing for the expenditure of funds for the
refurbishing and mounting of an ambulance module on a new 2008 chassis for the
Denton Fire Department in accordance with provisions of State Law exempting
such purchases from requirements for competitive bidding; and providing an
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June 19, 2007
Page 5
effective date (File 3 807-Emergency Purchase of Refurbishment and Mounting of
Ambulance Module on Chassis for the City of Denton Fire Department awarded
to Freeway Ford in the amount of $49,400).
D. 2007-134 - An ordinance accepting competitive bids and awarding a public
works contract for the installation of a digester cover at the City of Denton Pecan
Creek Water Reclamation Plant; providing for the expenditure of funds therefor;
and providing an effective date (Bid 3796-Pecan Creek Water Reclamation Plant
Digester Improvements awarded to Crescent Constructors, Inc. in the amount of
$643,000).
E. 2007-13 5 - An ordinance accepting competitive bids and awarding a public
works contract for improvements to Cedar Street including sidewalk replacement,
accessibility ramps, landscaping, storm drainage, water line and sanitary sewer
improvements; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3770-Cedar Street Improvements awarded to The Fain Group,
Inc. in the amount of $1,170,263).
F. 2007-13 6 - An ordinance accepting competitive bids and awarding a public
works contract for the construction of sanitary sewer replacements for Skinner
and Wilson Streets; providing for the expenditure of funds therefor; and providing an effective date (Bid 3779-Skinner Street and Wilson Street 8" Sanitary Sewer
Replacements awarded to Dickerson Construction Company, Inc. in the amount
of $179,277.50).
G. Approved a tax refund for the following property tax:
Name Reason Tax Year Amount
1. Campus Pk Denton Ltd DCAD Supplemental Change 2006 $ 8,121.22
H. Approved the minutes of:
May 1, 2007
May 15, 2007
May 22, 2007
I. R2007-017 - A resolution of the City of Denton, Texas authorizing the denial of
Atmos Energy Corporation's Mid-Tex Division's ("Atmos Mid-Tex") Gas
Reliability Infrastructure Program adjustments for calendar year 2006; authorizing
participation in a coalition of cities known as Atmos Texas Municipalities
("ATM"); authorizing the hiring of lawyers and rate experts; authorizing the
City's participation to the full extent permitted by law at the Railroad
Commission of Texas in GUD Docket Nos. 9734 and 9726; requiring the
reimbursement of municipal rate case expenses; finding that the meeting complied
with the Open Meetings Act; making other findings and provisions related to the
subject; and declaring an effective date.
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June 19, 2007
Page 6
J. 2007-137 - An ordinance authorizing the City Manager to execute an Oil and Gas
Lease with Endeavor Energy for 19.45 acres of Cross Timbers Park situated in the
N. Britton Survey, Abstract No. 51, in the City of Denton, Denton County, Texas,
and related documents; providing severability and an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 2,120 acres from Neighborhood Residential 2 (NR-2),
Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood
Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood
Residential Mixed Use (NRMU), Community Mixed Use General (CM-G), Planned
Development District No. 120 (PD-120), and Rural Residential 5 (RD-5) zoning districts to the
Hills of Denton Master Plan Community (Hills of Denton MPC) zoning district. The property
was 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. (Z06-0026, Hills of Denton) The Planning &
Zoning Commission recommended approval (7-0).
The Mayor opened the public hearing.
A Comment Card was received from Cindy Brazzel, 2524 Craig Lane, in opposition.
The following individuals spoke during the public hearing:
Sandra Wilkerson, 2526 Craig Lane, spoke in opposition. She suggested that future
developments be placed on hold until the City addressed the current issues with the
drainage system in Denton.
Pamela Shepard, 8316 N. Locust, spoke in opposition. She asked that the land for the
widening of Locust Street be taken from the west side of the road.
H.V. Shepard, 8316 N. Locust, spoke in opposition. He was concerned that his property
would experience additional flooding beyond what already existed if the City did not
require adequate drainage for this development. He also requested that the City fix the
roads before any of the development began on Shepard Road.
Mulroy motioned to continue the public hearing to July 17, Kamp seconded. 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 the second of two public hearings to consider the voluntary
annexation and service plan for two sites. The first site was approximately 7.85 acres and the
second site was approximately 1.54 acres, totaling approximately 9.39 acres. The sites to be
annexed are generally located on the north side of Spencer Road between Woodrow Lane and
Brinker Road. The sites were within a tract of land legally described as Municipal Utility
Addition, Lot 1, Block 2. (A07-0002, Denton Municipal Electric Spencer Complex Annexation)
Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary
annexation for a portion of the Denton Municipal Electric Spencer Complex property and
associated right-of way. The property was located within the City's ETJ and was not zoned.
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June 19, 2007
Page 7
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required on this item at this time.
C. The Council held the second of two public hearings to consider the voluntary
annexation and service plan for approximately 127.9662 acres. The property to be annexed was
generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction
(ETJ) at the northwest corner of I-35N and the future Loop 288 extension. The parcel was
legally described as a tract of land situated in the BBB & CRR Survey, Abstract No. O l 41 A,
Denton County, Texas, and a tract of land situated in the Whitlock Survey, Abstract No.
A1403A, Denton County, Texas. (A07-0001, Westview Commercial Annexation)
Brian Lockley, Interim Director of Planning and Development, stated that staff requested that
this public hearing be withdrawn.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered appointing a nominating committee to develop a slate of
appointees for the Economic Development Partnership Board.
Kamp nominated Jack Thomson, Joe Mulroy, and Marty Rivers to serve on the nominating
committee for the Economic Development Partnership Board. On roll vote, Heggins "aye",
Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor
McNeill "aye". Motion carried unanimously.
B. New Business and Announcements
The following items of New Business were suggested by Council for future agendas:
Council Member Montgomery mentioned that on Elm Street by City Hall West there was a
sidewalk extension that needed the markings painted.
C. City Manager's Report
City Manager Campbell did not have any items for Council.
D. 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.
E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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June 19, 2007
Page 8
With no further business, the meeting was adj ourned at 7:20 p.m.
PERRY MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS