February 3, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 3, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 3, 2009 at 4:00 p.m. in the Council Work Session 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
February 3, 2009.
Council Member Mulroy asked about Items 4 and 5 on the Work Session. He wanted to make
sure that the International Codes would not conflict with the property maintenance code that was
being developed. He also noted that the proposed ordinance had a 14 day effective date. He
suggested making a longer effective date such as 30-45 days.
City Manager Campbell indicated that they did not conflict with the property maintenance code.
Council Member Mulroy asked for an explanation as to why there was only one bidder for Item
3D.
Tom Shaw, Purchasing Agent, reviewed the process involved in receiving the bid.
Council Member Mulroy asked for an explanation of the State deficiency associated with Item
3E- painting of the water storage tank.
Jim Coulter, Director Water/Wastewater, stated that the State had indicated that the corrosion on
the outside of the tank was a problem.
th
Council Member Watts asked that the minutes of January 13, page 2, be amended to add the
word “long” after “how”.
Mayor Burroughs questioned the intent of Item 3B. He felt that the intent was for moving
vehicles only but that the implementation might be a problem. A parent could be in a parked
vehicle with the engine running waiting for child and trying to call that child to tell him/her
where he was and receive a violation for using a cell phone in an active school zone. That was
not the intent of the ordinance but rather was for a moving vehicle.
City Attorney Burgess stated that a revised ordinance had been prepared which addressed that
concern.
Mayor Burroughs indicated that the item would be pulled for separate consideration.
Mayor Burroughs stated that he had the some concerns regarding Items 3K and 3L as did
Council Members Mulroy and Watts. He suggested having a short presentation in the regular
session to address the fact that these codes would not conflict with the proposed property
maintenance code provisions.
City of Denton City Council Minutes
February 3, 2009
Page 2
2.The Council received a report, held a discussion, and gave staff direction regarding
results of the 2008 City of Denton Citizen Survey.
Lindsey Baker, Assistant to the City Manager, stated that the purpose of the citizen survey was to
provide a guide for future resource allocations and well as a benchmark for trend analysis. It was
best if this survey could be done every two years. The survey also helped assess the quality of
customer service for citizens.
Dr. Paul Ruggiere, Survey Research Center of UNT, stated that the survey included 800
residents by phone and an Internet survey of 254 residents. The purpose of the survey was to
measure community and neighborhood services, public safety, customer service, and mobility.
Two hundred people were interviewed from each city council district. He reviewed the details of
how the survey was conducted and the benchmark methodology. The City’s responses were
compared to Metroplex Benchmark Survey data for the Metroplex, Denton County and similar
metroplex suburbs.
Areas surveyed included (1) quality of life; (2) community and neighborhood services consisting
of library services, parks, recreational programs, trash collection services, recycling services,
animal control, storm water drainage, and code enforcement; (3) public safety consisting of
police and fire; (4) mobility consisting of street maintenance, efficiency of travel, bicycle travel,
and bus service; (5) customer service issues consisting of contact with the city, communication
including information about city services, Internet access and visiting the city website and; (6)
value of service compared to taxes and fees and funding questions.
The conclusions of the survey indicated that 88% of residents rated the quality of life in Denton
as excellent or good; 95% considered Denton a safe or very safe place to live; schools, parks,
library and several basic services received positive ratings by large percentages and 71% rated
street and road surfaces as fair or poor.
Council Member Moreno questioned the sampling amount. He wondered if 1000 people
surveyed in a city with an excess of 100,000 people was adequate.
Ruggiere stated yes that larger samples didn’t have a significant change in percentages.
City Manager Campbell stated that the results of the survey would be used to help allocate
resources for budgeting and to see where trends were developing plus improve in areas which
were low on the survey.
3.The Council received a report, held a discussion and gave staff direction regarding
proposed amendments applicable to the Rayzor Ranch Overlay District and Rayzor Ranch
Special Sign District on approximately 410 acres of land, generally located on both sides of West
University Drive (U.S. Highway 380) and being generally located between IH-35 and Bonnie
Brae Street. (Z06-0029 andZ06-0030, Rayzor Ranch).
Chuck Russell, Planning Supervisor, stated that this briefing would provide updates on Rayzor
Ranch in the following areas:
City of Denton City Council Minutes
February 3, 2009
Page 3
1.Trade Dress provisions – Russell reviewed the current provisions approved by Council.
The applicant suggested additional provisions to include an administrative or a Planning
and Zoning Commission limited waiver of up to 10% and in-line retail building could
utilize an aggregate percentage of trade dress (25%).
2.Architectural guidelines – Council had already approved the big box retail guidelines.
Council still needed to address everything else outside that area.
3.Landscaping – current landscaping proposals exceeded the basic canopy coverage and
included all special drainage areas and the frontage road. The only deviation was the
design for street trees along Highway 380.
4.Special sign district – the north side special sign district was completed. Staff was
currently working on wall signs and monument signs.
5.Master site plan change – the proposed concept was to move the proposed Dillard’s store
and consider more of a concept plan than a site specific plan.
6.I-35 corridor uses – pad sites along service road on the south side might be used for
restaurants. These parcels could be made part of the other out parcels so they could be
developed ahead of the town center parcels.
7.Residential density – the developer felt that they needed to increase the residential
density to more multifamily in order to make the project work. Right now approximately
750 units were approved.
4.The Council received a report, held a discussion and gave staff direction regarding an
amendment of Section 28-27 of the Code of Ordinances to provide for the adoption of the 2006
International Building Code, 2006 International Residential Code for one and two family
dwellings, 2006 International Fuel Gas Code, 2006 International Plumbing Code, and the 2006
International Mechanical Code all published by the International Code Council.
Kurt Hansen, Building Official, stated that the proposal was for the 2006 building codes. New
codes were published every three years. The codes were initially composed on a national level
and then amended to suit local needs. The North Central Texas Council of Governments
participated in the development of local regional amendments. Staff met with the building
community in November of 2008 to provide information regarding the proposed changes.
Special attention was given to the proposed local amendments. The Construction Appeals and
Advisory Board recommended approval of the codes.
Mayor Burroughs noted that the fire code was not being considered.
Hansen stated that the Fire Department would be bringing that code forward at a future meeting.
Council Member Mulroy asked about the effective dates of the ordinances.
Hansen stated that the inspectors had been telling the contractors that the codes would change on
st.
March 1 A delay of 30-45 days would not be a problem.
City of Denton City Council Minutes
February 3, 2009
Page 4
Consensus of the Council was to proceed with the proposed ordinances with a change in the
effective date to 30 days from date of passage.
5.The Council received a report, held a discussion and gave staff direction regarding an
amendment of Section 28-27 of the Code of Ordinances to provide for the adoption of the 2006
International Energy Conservation Code, as published by the International Code Council.
Kurt Hansen, Building Official, stated that it was recommended to adopt the 2006 energy
conservation code with local amendments and that the requirements would exceed 10% of the
national code.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:45 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.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 Allegiance Hill
Development, LP with respect to development at Rayzor Ranch. This
discussion shall include commercial or financial information the City
Council has received from Allegiance Hill Development, LP 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.
Regular Meeting of the City of Denton City Council on Tuesday, February 3, 2009 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. Proclamation for Denton Family Unity Week.
2. Proclamation for Go Direct/Direct Express Month.
City of Denton City Council Minutes
February 3, 2009
Page 5
3. Presentation of Fleet Services Award naming them one of the top 100
fleets in North America.
Mayor Burroughs presented proclamations for Denton Family Unity Week and Go Direct/Direct
Express Month.
Jon Fortune, Assistant City Manager, presented an award to Fleet Services for being named one
of the top 100 fleets in North America.
3. CONSENT AGENDA
Bob Clifton submitted a Speaker Card in opposition to Item 3B.
Robert Donnelly submitted a Comment Card on Item 3B.
Amy Manuel submitted a Speaker Card in favor of Item 3N.
Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions plus the minutes with the noted correction with the exception of Items
B, K, L and O. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Item 3B was considered.
Mayor Burroughs indicated that the proposed ordinance was not clear whether a vehicle that was
stopped and parked but running in front of school would apply to the ordinance. The vehicle was
not moving but the driver was using a cell phone and could be ticketed. The intent of the
ordinance was not intended for that situation but could still be a ticketed offense.
City Attorney Burgess stated that a substitute ordinance was proposed in which the ordinance
would not apply to the use of a cell phone by the operator of a motor vehicle when the motor
vehicle was legally parked and stationary, whether or not the motor was running.
Mayor Burroughs also felt that the effective date of 14 days from date of passage was too short a
time to educate drivers about the new ordinance.
Council Member Watts agreed that 14 days was too short.
Council Member Heggins suggested making the effective date the start of the next of school year
or August 1, 2009.
Heggins motioned, Kamp seconded to adopt the ordinance with the effective date of August, 1
2009 and the noted substitute language. On roll vote, Heggins “aye”, Kamp “aye”, Moreno
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion
carried unanimously.
Item 3K was considered.
City of Denton City Council Minutes
February 3, 2009
Page 6
Kurt Hansen, Building Official, stated that the proposal was for the 2006 building codes. New
codes were published every three years. The codes were initially composed on a national level
and then amended to suit local needs. The North Central Texas Council of Governments
participated in the development of local regional amendments. Staff met with the building
community in November of 2008 to provide information regarding the proposed changes.
Special attention was given to the proposed local amendments. The Construction Appeals and
Advisory Board recommended approval of the proposed codes.
Council Member Mulroy wanted to clarify that passage of the updated codes would not interfere
with the proposed property maintenance code when completed.
Hansen replied correct that they would not interfere. He also indicated that an effective date of
30 days from the date of passage would be acceptable.
Mulroy motioned, Kamp seconded to adopt the ordinance with the noted changes. On roll vote,
Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and
Mayor Burroughs “aye”. Motion carried unanimously.
Item 3L was considered.
City Attorney Burgess stated that the effective date of this ordinance would also be changed to
30 days from date of passage.
Kamp motioned, Heggins seconded to adopt the ordinance with the change as indicated. On roll
vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor Burroughs “aye”.Motion carried unanimously.
Item 3O was considered.
Council Member Watts asked for a clarification of this item.
John Knight, Deputy City Attorney, stated that the ordinance would correct a discrepancy by
granting the City Manager authority to execute change orders as authorized by the applicable
section of state law.
Watts motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
Motion carried unanimously.
A. Approved the minutes of:
January 6, 2009
January 13, 2009
B. 2009-022 - An ordinance of the City of Denton, Texas, supplementing Chapter 18
of the Code of Ordinances and enacting a new Section 18-215 titled “Use of Hand
Held Mobile Telephones Prohibited in School Zones;” providing for a penalty not
to exceed $200; providing for a severability clause; providing for incorporation
into the Code of Ordinances; and providing for an effective date.
City of Denton City Council Minutes
February 3, 2009
Page 7
C. 2009-023 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of hot mix asphalt concrete for the City of Denton Street
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4236–Annual Contract for Hot Mix Asphalt Concrete awarded
to the lowest responsible bidder for each item, Jagoe-Public Company, in the
estimated cumulative annual amount of $1,750,000).
D. 2009-024 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of ready mix concrete and cement products for various
City departments; providing for the expenditure of funds therefor; and providing
an effective date (Bid 4242–Annual Contract for Ready Mix Concrete and
Cement Products awarded to the lowest responsible bidder for each section in the
estimated cumulative annual amount of $500,000).
E. 2009-25 - An ordinance authorizing the City Manager to execute Change Order
Number One to the contract between the City of Denton and J.R. Stelzer
Company; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3945–High School Elevated Storage Tank Change Order
Number One in the amount of $73,400). The Public Utilities Board recommended
approval (6-0).
F. 2009-026 - An ordinance authorizing the financing of fleet vehicles and
equipment for the City’s Solid Waste and Wastewater Departments through a
lease purchase financing agreement; providing for the expenditure of funds
therefore; and providing an effective date (File 4247–Third Party Lease Purchase
of Solid Waste and Wastewater Vehicles and Equipment, approximate finance
charges of $257,351.57 for 60 months in the estimated principal sum of
$2,369,488 for an estimated total payback amount of $2,626,839.57).
G. 2009-027 - 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 for the
acquisition of vehicles and equipment for the City of Denton Utility Fund
Departments by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 4224–Interlocal Agreement for the purchase of
Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on
Exhibit A in the amount of $2,416,741.25). The Public Utilities Board
recommended approval (6-0).
H. 2009-028 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of two control buildings for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4200–Control Buildings for RD Wells Interchange awarded to
Systems Control in the amount of $296,928 and Hickory Substation awarded to
Stuart C. Irby Company in the amount of $216,090 for a total award of $513,018).
The Public Utilities Board recommended approval (6-0).
City of Denton City Council Minutes
February 3, 2009
Page 8
I. 2009-029 - An ordinance accepting competitive bids and awarding a contract for
the purchase of underground line location services for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4178–Underground Line Location awarded to SM&P Utility Resources, Inc.
in the amount of $265,000). The Public Utilities Board recommended approval
(6-0).
J. 2009-030 - An ordinance authorizing the City Manager to execute Change Order
Numbers One and Two to the contract between the City of Denton and Chain
Electric Company; providing for the expenditure of funds therefor; and providing
an effective date (Bid 4152–138 kV Transmission Line Construction 2009
Change Order Number One in the amount of $88,605 and Change Order Number
Two in the amount of $21,000 for a total Change Order amount of $109,605). The
Public Utilities Board recommended approval (6-0).
K. 2009-031 - An ordinance of the City of Denton, Texas amending Section 28-27 of
the Code of Ordinances to provide for the adoption of the 2006 International
Building Code, 2006 International Residential Code for one and two family
dwellings, 2006 International Fuel Gas Code, 2006 International Plumbing Code,
and the 2006 International Mechanical Code all published by the International
Code Council; regulating and governing the conditions and maintenance of all
property, buildings and structures; by providing the standards for supplied utilities
and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupancy and use; providing for the
condemnation of buildings and structures unfit for human occupancy, providing
for the regulation and governing of the construction, altering, movement,
enlargement, replacement, repair, equipment location, removal and demolition of
detached one and two family dwellings and multiple single family dwellings not
more than three stories in height with separate means of egress; providing the
regulation and governing of the design construction, quality of materials, erection,
installation, alteration, repairs, location, relocation, replacement, addition to, use
or maintenance of plumbing and mechanical systems in the city of Denton, Texas;
providing for the regulation and governing of fuel gas systems and gas fired
appliances; providing for the issuance of permits and collection of fees thereof;
providing for amendments thereto; providing for a penalty for violation of a fine
not to exceed $2,000.00; providing for a severability clause; repealing all
ordinances in conflict therewith; and providing for an effective date.
L. 2009-032 - An ordinance of the City of Denton, Texas amending Section 28-27 of
the Code of Ordinances to provide for the adoption of the 2006 International
Energy Conservation Code, as published by the International Code Council;
providing for amendments thereto; providing for a penalty for violation of a fine
not to exceed $2000.00; providing for a severability clause; repealing all
ordinances in conflict therewith; and providing for an effective date.
City of Denton City Council Minutes
February 3, 2009
Page 9
M. 2009-033 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the University of North Texas for the purpose of
hosting the African Cultural Festival; providing for the expenditure of funds
therefor; and providing for an effective date. ($750)
N. R2009-004 - A resolution approving a legislative position on Rail North Texas as
st
a primary legislative item in the 81 Texas Legislature supporting taxes or fees to
generate revenue to fund regional rail and supplemental roadway improvements
North Central Texas. The Mobility Committee recommended approval (2-0)
O. 2009-034 - An ordinance authorizing the City Manager to approve change orders
in city contracts that are subject to competitive bidding or competitive proposal
requirements as specified in the Texas Local Government Code Section 252.048;
and providing an effective date.
P. 2009-035 - An ordinance ordering an election to be held in the City of Denton,
Texas, on May 9, 2009, and if a runoff election is required, on June 13, 2009, for
the purpose of electing council members to Places 1, 2, 3, and 4 of the City
Council of the City of Denton, Texas; designating voting places and appointing
election officials; providing for bilingual notice of the election; ordering that an
electronic voting system be used; making additional provisions for the conduct
thereof; providing an open meetings clause; and providing for an effective date.
Q. 2009-036 - An ordinance approving an agreement between the City of Denton and
the Denton Independent School District relating to holding their elections jointly
on May 9, 2009 in election districts that can be served by common polling places;
and providing an effective date.
4.ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution creating a Charter Review
Committee to consider and advise the City Council whether and in what manner to revise City
Charter provisions governing mayor and council member terms of service or changes of position
during terms of service on the City Council and providing an effective date.
City Attorney Burgess stated that the purpose of the resolution was to create a committee to
discuss this matter and bring forward recommendations for the city council to consider. The
action was to create the committee. If approved, Council would make appointments to the
committee at the next meeting.
Mayor Burroughs suggested changing the number of members on the committee from 15 to 21.
Three appointments per council member and the committee itself would select a chair.
A Speaker Card was submitted by Bob Clifton in opposition to the resolution.
Kamp motioned, Thomson seconded to approve the resolution as amended with 21 members
selecting their own chair.
City of Denton City Council Minutes
February 3, 2009
Page 10
Council Member Mulroy suggested that the committee consider all of Article 2. He felt the
proposed scope was too narrow.
Mayor Pro Tem Kamp stated that this suggestion was very different from what had been
considered in the past and she was not comfortable voting on the entire section at this time.
Public concern had been for term limits for council members. She would need more time to
consider all of that section.
Mayor Burroughs stated that the item could be postponed until the next meeting to look at the
entire section or take action this evening.
Council Member Mulroy felt it would be better to be more thorough than less.
Council Member Watts stated that this could be expanding the scope of the work of the
committee including the potential increase in length of terms. He would like more information
on Article 2.
Mayor Pro Tem Kamp didn’t want unintended consequences by looking at the entire Article 2.
Thomson motioned, Heggins seconded to table the item to allow for a work session at the next
meeting. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson
“aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
B. The Council considered nominations/appointments to the City’s Boards and
Commissions (Historic Landmark Commission, Human Services Advisory Committee and
Traffic Safety Commission).
Council Member Moreno stated he did not have a nomination at this time
Mayor Burroughs nominated Angie Jester to the Human Services Advisory Committee. He did
not have a nomination for Traffic Safety Commission at this time.
Burroughs motioned, Mulroy 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.
C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting.
Council Member Thomson asked for a work session on council member compensation.
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 Session.
City of Denton City Council Minutes
February 3, 2009
Page 11
E. 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.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS