September 16, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 16, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
.
convened in a Work Session on Tuesday, September 16, 2008 at 5:00 p.min the City Hall
Conference Room at City Hall.
PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno,
Mulroy, Thomson, and Watts.
ABSENT: None
1.Staff responded to requests for clarification of agenda items listed on the agenda for
September 16, 2008.
Council Member Thomson commented on Consent Agenda Item B. He noted that the basic
charge for residential was going down but that there was an overall increase in the residential
rate. He asked what about the rates in other communities.
City Manager Campbell stated he would survey area cities and provide that information to the
Council.
Council Member Moreno questioned who determined the rates and why the commercial rate
increase was less than then residential rate increase.
Council Member Thomson questioned the recommendation in Consent Agenda Item C. Was it a
staff recommendation or a Community Development Advisory Committee recommendation?
Barbara Ross, Community Development Manager, stated that it was a staff recommendation
based on the Committee’s approval of the summary of expenditures.
Council discussed the Atmos agreement relative to attorney fees and the negotiation for future
increases with the methodology that would be used.
2.Council received a report, held a discussion, and gave staff direction regarding the 2008-
09 Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City Manager Campbell indicated that staff did not have a presentation but would respond to any
questions from Council.
Mayor Burroughs asked about the handout the citizen had presented at the last council meeting
regarding the tax rate.
Bryan Langley, Director of Finance, stated that Denton had a lot of challenges in dealing with
the tax rate due to the large amount of tax-exempt property located in Denton.
Following the completion of the Work Session, the City Council was to convene in a Closed
Meeting to consider the items listed below under the Closed Meeting section of this agenda.
1.Closed Meeting:
City of Denton City Council Minutes
September 16, 2008
Page 2
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters –
Under Texas Government Code Section 551.086.
1. Received competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (“DME”) for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
The Council did not meet in Closed Session.
Following the completion of the Work Session, the City Council attended a reception for Board
and Commission members.
The City Council convened in the Council Chambers at 6:00 p.m.
1. The Council considered approval of a resolution of appreciation for retiring
Board/Commission members.
Mayor Burroughs read the resolution of appreciation. Mulroy motioned, Kamp seconded to
approve the resolution. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
2.Oath of Office for New and Continuing Board Members.
Jennifer Walters, City Secretary, administered the oath of office for new and continuing board
members.
After determining that a quorum was present, the City of Denton City Council convened in a
Regular Meeting on Tuesday, September 16, 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
1.Recognition of Council Member Moreno by the Denton Housing
Authority.
Calvin Evans, Chair-Denton Housing Authority, presented a plaque of appreciation to Mr.
Moreno from the Denton Housing Authority Board of Directors.
Mayor Burroughs presented a proclamation for Denton Heart Walk Day.
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September 16, 2008
Page 3
A.August Yard-of-the-Month Awards
Mayor Burroughs presented the August Yard of the Month Awards.
B.September Yard-of-the-Month Awards
Mayor Burroughs presented the September Yard of the Month Awards.
3. CONSENT AGENDA
Mayor Burroughs reviewed the items to be considered on the Consent Agenda.
Kamp motioned, Watts seconded to approve the Consent Agenda and accompanying ordinances
and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
A.Approved a request for an exception to the Noise Ordinance for the purpose of
playing amplified music and operating a public address system during the
Monster Mash. The event is sponsored by NUCONSTEEL Commercial
Corporation and will be held at the North Texas State Fairgrounds. The Monster
Mash is a three-day event but Friday, October 31, 2008, is the only date that
requires the noise exception until 11:30 p.m. This request is for an exception to
the hours of operation and for an increase in sound decibels to 72 decibels for
st
amplified sound on Friday, October 31.
B.R2008-034 - A resolution of the City of Denton, Texas, approving a change in the
tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) as a result of a
settlement between Atmos and the Atmos Texas Municipalities (“ATM”); finding
that the rates set by the attached tariffs to be just and reasonable; finding that the
meeting complied with the Open Meetings Act; declaring an effective date; and
requiring delivery of the resolution to the company and legal counsel.
C.2008-203 - An ordinance of the City Council of the City of Denton, Texas,
approving guidelines for operation of the City of Denton Home Improvement
Program and eligibility criteria; authorizing expenditures in excess of $25,000 for
projects meeting program guidelines and criteria; and providing for an effective
date.
D.2008-204 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the RD Wells Interchange; providing for the
expenditure of funds therefore; and providing an effective date (Bid 4088–RD
Wells Interchange Construction for Denton Municipal Electric awarded to the
lowest responsible bidder meeting specification, Re-Con Company of Texas in
the amount of $1,977,513). The Public Utilities Board recommended approval
(6-0).
E.2008-205 - An ordinance accepting competitive bids and awarding a public works
contract for Dry Auger Boring for various City departments; providing for the
expenditure of funds therefore; and providing an effective date (Bid 4103–Annual
City of Denton City Council Minutes
September 16, 2008
Page 4
Contract for Dry Auger Boring awarded to the lowest responsible bidder meeting
specification, Mabak Directional Drilling, Inc. in the estimated amount of amount
of $350,000). The Public Utilities Board recommended approval (6-0).
F.2008-206 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a 48” sanitary sewer line; providing for the
expenditure of funds therefore; and providing an effective date (Bid 4114–State
School Interceptor I awarded to the lowest responsible bidder meeting
specification, Texas United Excavators, L.L.C. in the amount of $1,261,971.44).
The Public Utilities Board recommended approval (6-0).
4. PUBLIC HEARINGS
A. The Council held a public hearing on a proposal to adopt a tax rate of $0.66652
per $100 valuation, which will exceed the lower of the rollback rate or the effective rate.
Mayor Burroughs read the following statement:
“The City Council of the City of Denton, Texas will vote on a proposed tax rate of
$0.66652 for each $100 of taxable value that will increase total tax revenues of the City
of Denton, Texas at a public meeting to be held on September 23, 2008 at the City
Council Chambers in City Hall, 215 East McKinney Street, Denton, Texas 76201
commencing at 6:30 p.m.”
Bryan Langley, Director of Finance, stated the City was required to publish the effective and
rollback tax rate. The proposed tax rate was .$66652 which was not a change from the current
year.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Mulroy asked if the budget information was on the Internet.
Langley replied yes on the home page of the website and on DTV.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas announcing that it will vote on a tax rate at its meeting of September 23, 2008;
providing for publication of notice of such vote on the tax rate; and providing an effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 16, 2008
Page 5
NO. R2008-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS MEETING OF
SEPTEMBER 23, 2008; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH
VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Heggins seconded to approve the resolution. On roll vote, Heggins “aye”,
Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs
“aye”. Motion carried unanimously.
None of the tabled items were considered.
Tabled
B.– Consider adoption of an ordinance regarding a development agreement related
to the deferment of perimeter road improvements. The approximately 2.6-acre property
is located at the southwest corner of West Collins Street and Locust Street. The subject
Date
site is located within a Downtown Commercial General (DC-G) zoning district. (
tabled 8/19/08
)
Tabled
C. – Consider adoption of an ordinance of the City of Denton, Texas prohibiting
parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of Emerson Lane
from its intersection with Woodhaven Lane to its intersection with Brookfield Lane;
providing a repealer clause; providing a savings clause; providing for a penalty not to
exceed $500 for violations of this ordinance; and providing for an effective date. The
(Date tabled 8/19/08)
Traffic Safety Commission recommends approval (9-0).
Tabled
C. – Consider adoption of an ordinance of the City of Denton, Texas prohibiting
parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin Street
;
from its intersection with Mercedes Road to its intersection with McCormick Street
providing a repealer clause; providing a savings clause; providing for a penalty not to
exceed $500 for violations of this ordinance; and providing for an effective date. The
Date tabled 8/19/08
Traffic Safety Commission recommends approval (4-3). ()
D.
Tabled
– Consideration of adoption of an ordinance of the City of Denton, Texas, for a
zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood
Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use
Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the
Inspiration Master Planned Community (MPC) zoning district classification and use
designation; the area for zoning change encompasses 3,331 acres of land located on both
sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally
described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G.
Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G.
West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract
Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands
known as Pilot Knob Ranch 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. (MPC07-0001, Inspiration) The Planning and Zoning
(Date tabled 08/05/08)
Commission recommends approval (7-0).
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September 16, 2008
Page 6
F. Council considered nominations/appointments to City boards and commissions:
1. Parks, Recreation and Beautification Board
2. Public Art Committee
Council Member Watts had nominated Carol Collins to the Public Art Committee.
Heggins motioned, Thomson seconded to approve the nomination. On roll vote, Heggins “aye”,
Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs
“aye”. Motion carried unanimously.
G. New Business and Announcements
The following items of new business were suggested by Council or announcements made:
th
Council Member Thomson briefed Council on the TMPA 25 anniversary celebration he
recently attended. He gave a brief history of the plant and associated functions.
Council Member Watts asked the City Manager to have staff look into a large mound of dirt
on the corner of Stroud and Carroll.
Council Member Heggins reminded everyone of the upcoming Bluesfest this Saturday.
Mayor Burroughs thanked the City for the support provided to the evacuees from Hurricane
Ike and for the services provided for the cleanup efforts.
H. City Manager’s Report
City Manager Campbell did not have a report.
I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
J. 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 7:00 p.m.
__________________________________ _________________________________
MARK A. BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS