February 19, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 19, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, February 19, 2008 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.Staff responded to requests for clarification of agenda items listed on the agenda for
February 19, 2008.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1.Closed Meeting:
A.Deliberation regarding personnel matters – Under Texas Government Code
Section 551.074.
1.Deliberated and discussed the evaluation, duties, discipline, procedures,
and contracts for the City Manager, City Attorney, Municipal Court Judge,
and City Auditor.
B.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
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 hold a discussion
regarding granting economic development incentives to Jostens, Inc. with
respect to development of a distribution center. This discussion shall
include commercial and financial information the City Council has
received from Jostens, Inc., 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 is conducting economic development negotiations; including the
offer of financial or other incentives.
C.Consultation with Attorney – Under Texas Government Code Section 551.071;
and Deliberations regarding real property – Under Texas Government Code
Section 551.072.
1.Receipt of legal advice from the city’s attorneys regarding the operation of
a police fire range; deliberation and discussion regarding the purchase and
value of real property located near the Public Safety Training Facility in
southwest Denton, for park and/or other municipal purposes, and the
receipt of legal advice related thereto.
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February 19, 2008
Page 2
D.Consultation with Attorney – Under Texas Government Code Section 551.071.
1.Consultation with the City’s attorneys regarding legal issues, including
defense of pending and potential litigation filed by JNC Denton Partners,
LLC, associated with annexation of real property in the City’s northern
ETJ, under Annexation Case No. A05-0002, along with other legal issues
related to the annexation, including zoning, land use and subdivision
controls, plat applications, annexation plans, development agreements,
annexation agreements, service plans, utility service, and legal issues
implicated by alternative proposals advanced by individuals owning
property within the proposed annexation area. A public discussion of
these legal matters would conflict 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 or would jeopardize the City’s legal
position in any administrative proceedings or potential litigation.
Regular Meeting of the City of Denton City Council on Tuesday, February 19, 2008 at 6:30 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
th
1.Presentation of Materials Management’s 12 Annual Achievement of
Excellence in Procurement Award.
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Bryan Langley, Director of Finance, presented the Materials Management 12 annual
Achievement of Excellence in Procurement Award.
Mayor McNeill presented a proclamation for Severe Weather Awareness Month.
Mayor McNeill stated that the Committee on Property Maintenance Issues was to be commended
for all of the work they were doing.
Mayor McNeill stated that Denton had received the Tree City USA award again this year.
Mayor McNeill announced that Item C on Items for Individual Consideration would be pulled
from consideration.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
City of Denton City Council Minutes
February 19, 2008
Page 3
Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
A.Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1. Denton PCR Ltd/Lumacorp DCAD Supplemental Change 2005 $ 5,629.17
2. Columbia Medical Center of Denton DCAD Supplemental Change 2006 $ 3,258.02
3. Columbia Medical Center of Denton DCAD Supplemental Change 2005 $ 3,162.50
4. Columbia Medical Center of Denton DCAD Supplemental Change 2004 $ 3,110.50
5. Columbia Medical Center of Denton DCAD Supplemental Change 2003 $ 2,850.49
6. GE Capital Information Tech DCAD Supplemental Change 2002 $ 1,932.80
B.2008-033 - 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
$374,255.24; and providing an effective date.
C.2008-034 - An ordinance of the City of Denton, Texas, amending the provisions
of Chapter 18 relating to motor vehicles and traffic by amending Section 18-141
to allow for the impoundment or immobilization of vehicles parked on public or
private property to which the public has access if the vehicles meet the criteria of
Section 18-140; providing for a severability clause; providing a savings clause;
providing for a penalty not to exceed $200 for violations of this ordinance; and
providing for an effective date.
D.2008-035 - 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 3942–Annual Contract for Water Treatment
Chemicals awarded to the lowest responsible bidder for each item in the annual
estimated amount of $1,069,200). The Public Utilities Board recommended
approval (5-0).
E.2008-036 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Lower Colorado River
Authority for the acquisition of 69kV and 138kV circuit breakers for Denton
Municipal Electric by way of an Interlocal Agreement with the City of Denton;
and providing an effective date (File 3623–Interlocal Agreement for the Purchase
of Circuit Breakers for Denton Municipal Electric awarded to Siemens Power
Transmission and Distribution in the amount of $166,104). The Public Utilities
Board recommended approval (7-0).
F.2008-037 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area
Council (H-GAC), Buy Board Cooperative Purchasing Network, Tarrant County,
and the Texas Multiple Award Schedule (TXMAS) program for the acquisition of
twenty-two vehicles and four heavy equipment items for the City of Denton
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February 19, 2008
Page 4
Utility Fund Departments by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3974–Interlocal Agreement for the
purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as
listed on Exhibit A in the amount of $1,359,545.02). The Public Utilities Board
recommended approval (5-0).
G.2008-038 - An ordinance accepting competitive bids and awarding a public works
contract for roof work at nine City of Denton facilities; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3915–Roof
Work at Multiple Locations awarded to the lowest responsive bidder meeting
specification for each section for a total award amount of $424,715.)
H.2008-039 - An ordinance of the City of Denton, Texas approving an Agreement
between the City of Denton and the North Texas Umpire Association;
determining a sole source andapproving the expenditure of funds for the purchase
of certified softball officiating services available from only one source in
accordance with the provisions of the state law exempting such purchases from
the requirements of competitive bids; and providing an effective date (File 3967–
Agreement with North Texas Umpire Association in the amount per game as
specified in the agreement for an estimated award of $65,000).
I.2008-040 - An ordinance of the City of Denton, Texas accepting competitive
sealed proposals and awarding a contract for the purchase of an Outage
Management System for Denton Municipal Electric; authorizing the expenditure
of funds therefor; and providing an effective date (RFSP 3881–Outage
Management System for Denton Municipal Electric awarded to Milsoft Utility
Solutions). The Public Utilities Board recommended approval (7-0).
J.2008-041 - An ordinance creating a Capital Improvements Advisory Committee
pursuant to Texas Local Government Code §395.058 as a requirement before
authorizing Impact Fees; appointing the Planning and Zoning Commission’s
members as members of the Capital Improvements Advisory Committee;
providing for the appointment of one additional Ad Hoc Member to the Capital
Improvements Advisory Committee from the extraterritorial jurisdiction of the
City of Denton, Texas; providing for the adoption of procedural rules for the
Capital Improvements Advisory Committee to follow in performing its duties;
and providing for an effective date.
K.2008-042 - An ordinance of the City Council of the City of Denton, Texas,
approving a grant application from DSC Development, L.P., from the Downtown
Incentive Reimbursement Grant Program not to exceed $25,000; and providing
for an effective date. The Economic Development Partnership Board
recommended approval (6-0).
L.2008-043 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Denton Parks Foundation to assist with preparation
for the 2008 Cinco de Mayo Celebration; providing for the expenditure of funds
therefor; and providing for an effective date. ($800)
City of Denton City Council Minutes
February 19, 2008
Page 5
M.2008-044 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with
HillCo Partners for consulting services relating to legislative representation at the
Texas State government level and to assist the City in advancing its state
legislative program and interests with key legislators and policy administrators (in
an amount not-to-exceed $81,000); authorizing the expenditure of funds therefor;
and providing an effective date.
4.PUBLIC HEARINGS
A.The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 54.25 acres of land from Neighborhood Residential 2
(NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with
an overlay district. The subject property was located on the west side of Teasley Lane north of
Ryan Road. (Z07-0025, Denton West) The Planning and Zoning Commission recommended
approval (6-0).
Mark Cunningham, Director of Planning and Development, stated that this was a request for
rezoning to allow an increase in density and amount and types of permitted uses. The current use
was the Denton West Mobile Home Community. Currently there were 380 residences on the
property with 308 mobile home and the rest conventional residences. The requested zoning was
for NRMU with an overlay district that placed the restriction that no multifamily dwelling would
be built in the overlay district. Staff found the request to be consistent with the Denton
Development Plan and recommended approval. The Planning and Zoning Commission reviewed
the proposal and recommended approval with conditions that only 50 percent of the property
would be developed as commercial/retail and no multi-family would be built along Teasley
Lane.
The Mayor opened the public hearing.
Larry Reichhart, Spring Brook Planning Group, representing the property owner, spoke in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-045
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION WITH AN OVERLAY DISTRICT, COMPRISING 54.24 ACRES
OF LAND LOCATED AT THE NORTHWEST CORNER OF TEASLEY LANE AND
RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE. (Z07-0025)
City of Denton City Council Minutes
February 19, 2008
Page 6
Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote,
Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor McNeill “aye”. Motion carried unanimously.
Council Member Watts left the meeting with a conflict of interest for Items B and C
B.The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 26.12 acres of land from a Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU)
zoning district. The property was generally located on the south side of McKinney Street, east of
Mack Park. (Z07-0018, Cypress Campus Apartments) The Planning and Zoning Commission
recommended approval (6-0).
Mark Cunningham, Director of Planning and Development, presented the staff report for both
Items B and C. He indicated that Item B was a request to rezone the property from NRMU-12
to NRMU to increase the density and Item C was a request for a specific use permit to allow
multi-family development on the site. The current use of the property was vacant and
undeveloped. The Notification Map indicated that three responses were received, one in
opposition and two in favor. Staff found the request consistent with the Denton Development
Code and recommended approval. The Planning and Zoning Commission reviewed the proposal
and recommended approval with the following conditions: the density of the specific use permit
was not to exceed 14.13 units per acre, the development would conform to an attached site plan,
a traffic impact analysis was to be completed and accepted by the Engineering Department and
all engineering requirements for site development including drainage were satisfied.
The Mayor opened the public hearing for both Items B and C.
Larry Reichhart, Spring Brook Planning Group, representing the developer, spoke in favor of the
proposals.
The Mayor closed the public hearing.
City Attorney Snyder questioned that multi-family was allowed by right in NRMU-12.
Cunningham stated that it was allowed under one of three conditions, as part of a mixed use
development, as part of a master planned community or by specific use permit.
The following ordinance was considered:
NO. 2008-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, COMPRISING 26.12 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF MCKINNEY STREET AND MACK DRIVE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0018)
City of Denton City Council Minutes
February 19, 2008
Page 7
Montgomery motioned, Mulroy seconded to adopt the ordinance for Item B with the conditions
as noted by the Planning and Zoning Commission. On roll vote, Heggins “aye”, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye and Mayor McNeill “aye”. Motion carried
unanimously.
C.The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a multifamily development on approximately 26.12
acres of land. The property was generally located on the south side of McKinney Street, east of
Mack Park, and was within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning
district.(S07-0010, Cypress Campus Apartments) The Planning and Zoning Commission
recommended approval with conditions (6-0).
The public hearing for this item was considered with Item B.
The following ordinance was considered:
NO. 2008-047
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A MULTI-FAMILY DEVELOPMENT ON
APPROXIMATELY 26.12 ACRES OF LAND, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF MCKINNEY STREET AND MACK DRIVE, AND IS
LEGALLY DESCRIBED AS M.T. DOWNING, TRACTS 25 AND 26, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (S07-0010)
Kamp motioned, Thomson seconded to adopt the ordinance for Item C with the conditions as
noted by the Planning and Zoning Commission. On roll vote, Heggins “aye”, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
Council Member Watts returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance of the City of Denton, Texas,
amending Chapter 18 of the Code of Ordinances by amending Section 18-73 to establish speed
zones on FM 1515/Airport Road, FM 1830/Country Club Road, and US 380/University Drive;
altering the prima facie speed limits established for vehicles under the provision of
Transportation Code, Section 545.356 upon these streets, within the incorporate limits of the city
of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone
and then the penalty shall not exceed $400.00; providing a severability clause; providing a
repealing clause; providing for publication; and declaring an effective date.
Frank Payne, City Engineer, presented the details of the proposed speed limits.
City of Denton City Council Minutes
February 19, 2008
Page 8
The following ordinance was considered:
NO. 2008-048
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18
OF THE CODE OF ORDINANCES BY AMENDING SECTION 18-73 TO
ESTABLISH SPEED ZONES ON FM 1515/AIRPORT ROAD, FM 1830/COUNTRY
CLUB ROAD, AND US 380/UNIVERSITY DRIVE; ALTERING THE PRIMA FACIE
SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF
TRANSPORTATION CODE, SECTION 545.356 UPON THESE STREETS, WITHIN
THE INCORPORATE LIMITS OF THE CITY OF DENTON; PROVIDING A
PENALTY NOT TO EXCEED $200.00 UNLESS THE VIOLATION OCCURS IN A
WORK ZONE AND THEN THE PENALTY SHALL NOT EXCEED $400.00;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance as presented. 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 adoption of an ordinance establishing an
Economic Development Program under Chapter 380 of the Local Government Code for making
grants of public money to promote economic development and to stimulate business activity in
the City of Denton; approving an Economic Development Program Grant Agreement with
Jostens, Inc. regarding the expansion of an approximate 13,000 square feet to the existing
building located at 3500 I-35E in the City of Denton, Texas; authorizing the expenditure of funds
therefor; and providing an effective date. The Economic Development Partnership Board
recommended approval (6-0).
Linda Ratliff, Director of Economic Development, stated that this was an economic development
grant with Jostens to expand their current facility. The grant was for annual payments equal to
75% of the increase in assessed valuation on the building and equipment for 7 years or a
minimum of $151,000, whichever came first.
The following ordinance was considered:
NO. 2008-049
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
JOSTENS, INC. REGARDING THE EXPANSION OF AN APPROXIMATE 13,000
SQUARE FEET TO THE EXISTING BUILDING LOCATED AT 3500 I-35E IN THE
CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
February 19, 2008
Page 9
Kamp motioned, Heggins 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.Item C was not considered.
D.New Business and Announcements
Council Member Montgomery asked for a work session regarding the landscape plan at the
landfill.
E.City Manager’s Report
City Manager Campbell did not have a report 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 Closed Session.
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 on Closed Meeting items.
With no further business, the meeting was adjourned at 7:45 p.m.
_____________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS