February 5, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 5, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 5, 2008 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, Thomson, and Watts.
ABSENT: Council Member Montgomery
1.Staff responded to requests for clarification of agenda items listed on the agenda for
February 5, 2008.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:07 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.Consultation with Attorney – Under Texas Government Code Section 551.071.
1.Considered and discussed litigation styled Robert T. Clifton v. City of
Denton, Cause No. 4:06-cv-472, currently pending in the U.S. District
Court, Eastern District, Sherman Division.
2.Received legal advice from the City's attorneys regarding the issue of
discounted electric rates for state universities; legal issues and remedies
thereon; and discuss and deliberate the City's legal posture regarding
same. 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.
3.Discussed and considered strategy, status, and possible settlement of
litigation with the City’s attorneys regarding Atmos Energy, GUD Docket
No. 9762. 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.
B.Consultation with Attorney – Under Texas Government Code Section 551.071
and Deliberations regarding Real Property – Under Texas Government Code
Section 551.072.
1.Deliberation regarding the purchase, value, and acquisition of real
property for future animal shelter and park/soccer field sites, including
legal advice from the City Attorney regarding legal issues related thereto.
C.Deliberation regarding personnel matters – Under Texas Government Code
Section 551.074.
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February 5, 2008
Page 2
1.Deliberated and discussed the evaluation, duties, discipline, procedures,
and contracts for the City Manager, City Attorney, Municipal Court Judge,
and City Auditor.
Regular Meeting of the City of Denton City Council on Tuesday, February 5, 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
Mayor McNeill presented proclamations for Denton Family Unity Week and Black History
Month.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Bob Clifton spoke on Item 3M regarding the expenses of the contract.
Deputy Mayor Pro Tem Mulroy requested that Item 3M be pulled for separate consideration.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item 3M. On roll vote, Heggins “aye”, Kamp
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
Item M was considered.
City Attorney Snyder reviewed the status of the agreement.
Thomson motioned, Kamp seconded to adopt the ordinance for Item 3M. On roll vote, Heggins
“aye”, Kamp “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
A.Approved a Parks, Recreation and Beautification Board recommendation to select
David Iles as the artist for the most recent public art sculpture for the City of
Denton. Project budget was not to exceed $24,000. The Parks, Recreation and
Beautification Board recommended approval (6-0).
B.R2008-002 - A resolution adopting the City of Denton’s FY 2009 Congressional
Priority Project requests.
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February 5, 2008
Page 3
C.R2008-003 - A resolution of the City Council of the City of Denton, Texas,
renewing a policy for Tax Abatement for the City of Denton to establish
guidelines and criteria governing Tax Abatement Agreements; and declaring an
effective date. The Economic Development Partnership Board recommended
approval (7-0).
D.2008-020 - An ordinance ordering an election to be held in the City of Denton,
Texas, on May 10, 2008, and, if a runoff election is required, on June 14, 2008,
for the purpose of electing Councilmembers to Places 5 and 6 and electing a
Mayor to Place 7 of the City Council of the City of Denton, Texas; designating
voting places; appointing election officials; providing for early voting; providing
for bilingual notice of the election; ordering that an electronic voting system be
used; providing an open meetings clause; and providing an effective date
E.Approved the minutes of:
December 3, 2007
December 4, 2007
December 11, 2007
January 7, 2008
January 8, 2008
F.2008-021 - An ordinance approving an easement purchase agreement between the
City of Denton and Chain 7 Ranch L.P. for sanitary sewer and lift station
purposes in the Levi Myers Survey, Abstract No. 853, Eli Myers Survey, Abstract
No. 871 and the V.E. Gailon Survey, Abstract No. 452, all in Denton County,
Texas; authorizing the expenditure of funds therefor; and providing an effective
date. The Public Utilities Board recommended approval (6-0.)
G.2008-022 - An ordinance approving a pipe line crossing contract between the City
of Denton and the Kansas City Southern Railway Company relating to the
location of a City water pipeline within railroad right-of-way located immediately
north of said railroad right-of-way’s intersection with Roselawn Drive within the
Asa Hickman Survey, Abstract Number 521, City and County of Denton Texas;
authorizing the expenditure of funds therefor; and providing an effective date.
The Public Utilities Board recommended approval (6-0).
H.2008-023 - 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) for the acquisition of 29 vehicles for various City of Denton
General Fund Departments by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3953–Interlocal Agreement for the
Purchase of General Fund Vehicles for the 2007-2008 fiscal year awarded to
Philpott Motors in the amount of $559,658).
I.2008-024 - 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 two Type I Ambulances
for the City of Denton Fire Department by way of an Interlocal Agreement with
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February 5, 2008
Page 4
the City of Denton; and providing an effective date (File 3954–Interlocal
Agreement for Type I Ambulance with H-GAC awarded to Freeway Ford in the
amount of $254,850).
J.2008-025 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to professional services agreement for
performing additional hydrogeological consulting and analytical services
pertaining to the City of Denton Landfill (in the additional amount of $89,606.75
and a grand total of $193,555.55 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).
K.2008-026 - An ordinance accepting competitive bids and awarding an annual
contract for the wood grinding for the City of Denton Compost Facility; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3935–
Annual Contract for Wood Grinding for Compost Facility awarded to the lowest
responsible bidder for each section in the estimated annual amount of $150,000).
The Public Utilities Board recommended approval (6-0).
L.2008-027 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of ready mix concrete and Portland cement for various
City departments; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3940–Annual Contract for Ready Mix Concrete and
Portland Cement awarded to the lowest responsible bidder for each section in the
estimated cumulative annual amount of $1,000,000).
M.2008-028 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a second amendment to contract for
professional legal services with Figari & Davenport for professional legal services
relating to litigation styled Clifton v. City of Denton, et al., Cause No. 4:06-CV-
472 pending in the U.S. District Court, Eastern District, Sherman Division;
authorizing the expenditure of funds therefor; and providing an effective date.
N.R2008-004 - A resolution by the City Council of the City of Denton, Texas
requiring that all special events that are on city real property within the city limits
of Denton, Texas shall have mandatory recycling services; that all special events
sponsored by the City or its departments will have mandatory recycling services
for vendors and attendees whether on or off of City real property in the city of
Denton, Texas; that there shall be mandatory recycling services as to all special
events that are conducted on city-owned real property in the city of Denton,
Texas; providing for an effective date. The Committee on the Environment
recommended approval (3-0).
O.R2008-005 - A resolution allowing Denton Rotary Club to be the sole participant
allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras on February 9,
2008, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an
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February 5, 2008
Page 5
effective date. The Parks, Recreation and Beautification Board recommended
approval by a telephone vote of (5-0).
4.PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City Council of the City of Denton, Texas ordaining the City's participation in the Texas
Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code (Act), designating a liaison for communication with interested parties, and
nominating Aldi (Texas) L.L.C. to the Office of the Governor, Economic Development and
Tourism (EDT) through the Economic Development Bank (Bank) as an Enterprise Project
(Project); establishing the boundaries of said zone and providing an effective date. The
Economic Development Partnership Board recommended approval (7-0).
Linda Ratliff, Economic Development Director, stated that this was a state incentive rebate
program on sales tax that Aldi spent on materials for building the facility and for equipment.
Twenty-five percent of new employees must be hired from the disadvantaged category. To
become eligible for this rebate, Aldi must be nominated by the city. If approved, the ordinance
would accompany Aldi’s application. The rebate would only be on state sales tax with city sales
tax not being rebated.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE
PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER
2303, TEXAS GOVERNMENT CODE (ACT), DESIGNATING A LIAISON FOR
COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING ALDI
(TEXAS) L.L.C. TO THE OFFICE OF THE GOVERNOR, ECONOMIC
DEVELOPMENT AND TOURISM (EDT) THROUGH THE ECONOMIC
DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT);
ESTABLISHING THE BOUNDARIES OF SAID ZONE AND PROVIDING AN
EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
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February 5, 2008
Page 6
B.The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, zoning approximately 3,256.92 acres of land, generally located west of
Interstate 35 West, South of Tom Cole Road, bounded by Tom Cole Road to the north, bisected
by FM 2449 near the center of the property, bounded on the eastern side by John Payne Road
south of FM 2449 and Underwood Road north of FM 2449 to the Cole Ranch Master Plan
Community (Cole Ranch MPC) zoning district classification and use designation; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; and providing for
severability, subordination and an effective date. (MPC07-0002) The Planning and Zoning
Commission recommended approval (6-0).
Mark Cunningham, Director of Planning, stated this public hearing was to consider the Cole
Ranch Master Plan community. He reviewed the location of the site, the current zoning,
proposed master planned community zoning, proposed land uses, and stated that the ratio of
single family to multifamily was 75% to 25%.
PS Arora, Division Manager-Wastewater Administration, reviewed the proposed floodway
reclamation plan. There were approximately 680 acres of open space included in the MPC.
Much of the open space was made up of floodplain and Environmentally Sensitive Areas
(ESAs). The applicant will identify the ESA mitigation measures at the final plat process. The
applicant will dedicate approximately 72 acres of park land for both passive and active
recreational purposes as required by the City of Denton Park Land Dedication requirement
The Mayor opened the public hearing.
Dave Denison, Cole Ranch Partnership, indicated he was available to answer any questions
Council might have.
Larry Cline, Schrader and Cline, presented the economic impact of the project.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING
APPROXIMATELY 3,256.92 ACRES OF LAND, GENERALLY LOCATED WEST
OF INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM
COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF
THE PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD
SOUTH OF FM 2449 AND UNDERWOOD ROAD NORTH OF FM 2449 TO THE
COLE RANCH MASTER PLAN COMMUNITY (COLE RANCH MPC) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR SEVERABILITY, SUBORDINATION AND AN
EFFECTIVE DATE. (MPC07-0002)
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February 5, 2008
Page 7
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered nominations/appointments to the City’s Boards and
Commissions.
Mayor Pro Tem Kamp nominated Woodie Wilson to the Animal Shelter Advisory Committee.
On roll vote, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and
Mayor McNeill “aye”. Motion carried unanimously.
B.Citizen Reports
1.The Council reviewed procedures for addressing the City Council.
2.Council received citizen reports from the following:
A.Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth, speaking last, spoke on issues regarding black firefighters and people running for
office. He addressed the Consent Agenda items which he considered to be hidden items for
spending money. The removal of trees from his property was the beginning of his struggles with
the city. He felt that the tree ordinance was not for everyone - just for a special few.
City Manager Campbell announced that Fire Chief Chadwick and the City were able to change
some practices and policies according to current state law and the employment of the City’s first
African American firefighter would begin on March 3, 2008.
B.Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth, speaking third, spoke on the removal of trees from her Grandfather’s property.
C.Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth, speaking second, narrated the removal of trees from her Grandfather’s property.
D.Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke first stating that they wanted Bobby Givens at the Martin Luther King, Jr.
Recreation Center and showed a video regarding the removal of trees from her Grandfather’s
property.
E.Bob Clifton regarding legal matters.
Mr. Clifton continued his comments regarding the Figari contract with his lawsuit.
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February 5, 2008
Page 8
F.Craig Williams regarding flooding on Glen Garden due to new
development
Mr. Williams spoke on the development of Windsor Farms and how his property started flooding
after the development. He asked for help to get the area re-graded or burmed to assist with the
flooding.
C.New Business and Announcements
Mayor McNeill asked for a follow up report on the issues raised by Mr. Williams. Deputy
Mayor Pro Tem Mulroy asked for the original plat documents and report on options with a time
line on events.
Mayor Pro Tem Kamp extended an invitation to the Council to participate in the Council’s clean
up day on March 1st at 9:30 to clean their adopt-a-spot.
D.City Manager’s Report
City Manager Campbell did not have any items for Council.
E.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.
F.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 7:50 p.m.
______________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS