September 22, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 22, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 22, 2009 at 6:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Mulroy, and Council Member Watts.
ABSENT: Council Member Heggins
1. Requests for clarification of agenda items listed on the agenda for September 22, 2009.
Council Member Watts stated that he would like to have Consent Agenda Item G pulled for
separate consideration.
Council Member Gregory asked for a clarification of Consent Agenda Item D
Howard Martin, Assistant City Manager, stated that this issue had been worked through the
Property Maintenance Code Committee for dumpsters in the street or right behind the curb. Staff
was trying to facilitate a solution of vehicles parking in front of those dumpsters. If the solid
waste truck had to come back at a later time because there was a vehicle in the way of the
dumpster, the customers were being charged a second pickup charge. This proposal clearly
delineated a no parking zone in front of the dumpsters.
Council Member Gregory asked if this would result in an additional fee.
Martin stated that it would be voluntary for the customer to establish the no parking zone.
Council Member Gregory asked if the customer did not want to pay the fee for the no parking
zone, he would have to pay a second charge if the truck could not get to the dumpster to collect
the trash.
Martin replied correct.
Council Member Gregory stated that the car parked in front of the dumpster with the no parking
zone could be cited.
Martin replied correct that right now there were no definite no parking zones and with this
proposal there would be clearly marked zones.
Council Member Engelbrecht noted that there were a number of items on the Consent Agenda
concerning annual maintenance for software. He questioned if additional items would be coming
up during year.
Kevin Gunn, Director of Technology Services, stated that all of the items on the Consent Agenda
were annual renewals for technology items. In terms of recurring maintenance for the proposed
software, Projectdox was included in the five year cost.
City of Denton City Council Minutes
September 22, 2009
Page 2
Council Member Watts had a procedural question regarding items that were tabled on the agenda
and a more efficient way to address those in the future to perhaps set them to a date certain to
eliminate confusion with the community.
Mayor Burroughs stated that if an item did not have a date certain for tabling, the action of
tabling would take it off the agenda until requested to be put back on the agenda. If an item were
tabled, it would come off the agenda until such time as a council member requested that it go
back on an agenda. That would alert citizens that it would be considered to some degree by the
council. If an item were tabled, any council member could request it to be taken off the table.
City Attorney Burgess stated that she had looked at Roberts Rules of Order to study the tabling
procedure. The motion to table was one that was used to temporarily delay consideration of an
item. It was commonly misused to table an item. A better practice would be to continue the
item to a particular date and then the item would not appear on an agenda until that date certain.
In that case, staff might need to work on the item and council would direct that the item be
continued until a meeting was accomplished or identify an outcome to tie the item to. The
continuance process probably should be used rather than the tabling process.
Council Member Mulroy asked how an item would be put on an agenda item if the date certain
or event was questionable.
Council Member Heggins arrived at meeting.
City Attorney Burgess stated that the normal rule would be that it would come back into play in
tandem with the Agenda Committee.
Mayor Pro Tem Kamp asked how Council should proceed with the currently tabled items.
City Attorney Burgess stated that Roberts Rules of Order were not law but there were two
options for Council. Council could chose to work with the alternative procedure now or continue
with the current procedure and use the alternative procedure for any future items. Current items
on the table could be taken off the table and continued to date certain or an event certain.
Council Member Gregory stated that if an individual council member felt it was time to act on an
item, he/she could contact the Agenda Committee or bring the issue up in a meeting.
Mayor Burroughs stated that a member could also communicate with the City Manager.
Council Member Gregory asked about the tabled item for Windsor and Stewart Road.
Mark Cunningham, Director of Planning and Development, stated that the applicant withdrew
his proposed in order to meet with the community for a design of the project and had not
requested it be placed on another agenda.
Council Member Gregory questioned how council or the public would know about that.
City Manager Campbell stated he started the process of listing a tabled item on the agenda
several years ago to avoid administratively loosing those items tabled by the Council.
City of Denton City Council Minutes
September 22, 2009
Page 3
Council Member Watts asked about Consent Agenda Item W regarding the termination of an
airport lease. He questioned if any improvements had been done and what the disposition of
those improvements would be when the lease was terminated.
Quentin Hix, Airport Manager, stated that the improvements would revert to the City. The
installation of a foundation for a hanger would revert back to the City.
2. Receive a report, hold a discussion and give staff direction regarding 2009-2012 Police and
Fire Meet and Confer Agreements.
Jon Fortune, Assistant City Manager, stated that Meet and Confer was authorized by the Texas
Local Government Code in 2005. It was a voluntary process by which a city could negotiate
with Civil Service Associations. The city had the discretion over which issues may be discussed.
The issues could include wages, benefits, hiring, promotions, and discipline. In 2005 both the
Police and Fire Associations petitioned the City for Meet and Confer. The City recognized both
Associations in 2005 and began deliberations in 2006. Three year agreements were approved in
2006 which were set to expire September 30, 2009. The 2006 accomplishments included (1)
allowed the City to amend civil service rules, (2) improved hiring and promotional practices, (3)
improved the disciplinary process, (4) allowed for the civil service transition for non-civil service
personnel, (5) adopted a market-based pay philosophy, and (6) improved wages and benefits.
Features of the 2009 deliberations included (1) interest-based bargaining, (2) the hiring of
outside counsel to facilitate the process, as approved by Council, (3) began deliberations in June
2009, (4) conducted 7 Meet and Confer sessions with Denton Police Officers Association, (5) 8
Meet and Confer sessions with the Denton Fire Fighter Association, (6) reached a 3 year
tentative agreement with both associations with the agreements to expire in September 30, 2012,
(7) the agreements were different but retained some common elements, (8) the DPOA ratified the
agreement 139 in favor with 8 opposed, and (9) the DFFA ratified the agreement 117 in favor
with 2 opposed.
Key agreement provisions - compensation - both agreements essentially contained the same
terms with Article 7 for Police and Article 9 for Fire. The market-based approach was
maintained with a goal of a market average plus 5%. Both associations recognized the financial
challenges facing the city. The proposed increase may be limited to the average percentage
increase of non-civil service employees. The agreements also maintained step increases with no
new steps added. An annual salary sub-committee report would be provided to the City Manager
and Council. The increase would be approved by Council in the annual budget with provisions
for unforeseen fiscal conditions.
Key agreement provisions for Fire - Article 15 – Article 2, Transition for Certain Civil Service
and Appointed Positions, would continue position transitions and reclassifications and
assignment pay adjustments for certain reclassified positions. Article 4, Hiring Process, included
a list of 15 individuals identified from the Commission list prior to the physical ability test. If
less than three individuals passed the physical ability test, return to the Commission list for the
next 15 candidates. Entrance examinations would be held in January beginning in 2011 and the
current eligibility list would continue to be in effect until January 11, 2011. Article 5,
Promotions, included pre-requisites to be recommended by a Joint Labor/Management
Committee for Captain and Battalion Chief, driver pre-requisites established in the 2006-09
City of Denton City Council Minutes
September 22, 2009
Page 4
agreement would continue, annual written exam dates would be established and if there were less
than a 3% difference between the maximum and minimum step of the next higher rank, the
firefighter would receive the second step pay. Article 7, Safety and Health, included that each
firefighter would undergo at least one physical during his/her term of agreement. Article 8,
Discipline, stated that if a firefighter did not appeal discipline, the Director would not forward a
statement to the Commission. Article 10, Pension, included the City would match the actual
contribution rate of the Firemen's Relief and Retirement Fund to the Texas Municipal Retirement
System and may commission an actuarial study to compare FRRF and TMRS.
Key agreement provisions for Police - Article 2, Hiring, involved TCLOESE certifications
within certain test ranges that would be processed first to fill beginning positions. Article 3,
Promotion, established promotional and eligibility requirements for Sergeant and Lieutenant
ranks and added a records review to the selection process for Lieutenant. Article 5, Discipline,
stated that if an officer did not appeal discipline, the Director would not forward a statement to
the Commission. Article 8, Court Time and Callback, indicated that pay for off duty court time
increased to 3 hours minimum. Article 9, Assignment Pay, stated that officers assigned to
certain divisions and on a callout list would be granted assignment pay. Those divisions
included Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services,
Canine Officers and Hostage Negotiators. Those divisions would receive $50/month in 2009-10;
$75/mo in 2010-11 and $100/mo in 2011-12. There were six ordinances on the agenda for
council consideration.
Council Member Watts questioned what an officer would be paid if he/she had to prepare six
hours for a trial.
Fortune replied that the officer would be paid for time spent but the minimum was 3 hours so
that that if he/she went to court and was dismissed in an hour, he/she would receive 3 hours of
pay.
1. Closed Meeting:
Council went into Closed Meeting at 5:55 p.m.
A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code, Section 551.086.
Council Member Gregory motioned, Council Member Heggins seconded that it was appropriate
to meet in Closed Meeting on this item in accordance with the Public Power competitive
exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye",
Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
1.Receive 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.
City of Denton City Council Minutes
September 22, 2009
Page 5
B. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Texas
Local Government Code 142.113(b).
1. Consultation with the City Attorneys, and receipt of legal advice, regarding
potential bargaining issues to be raised by management team representatives during
Meet and Confer negotiations with the International Association of Fire Fighters
Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A
private caucus on this topic is specifically authorized by Texas Local Government
Code 142.113(b), and public discussion would otherwise conflict with the duties of
the City’s attorneys to maintain confidential communication with the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
C. Consultation with Attorneys - Under Texas Government Code Section 551.071
1. Meet with City’s attorneys to discuss status, including possible settlement, of
pending litigation styled Thomas Martinez v. City of Denton, Cause No. 2007-
60044-393, currently pending in the 393rd District Court of Denton County.
D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072;
Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the grant of property within the Denton Rail Corridor to the
DART, the limits of said corridor being all that certain lot, tract or parcel of land
described in that certain Quitclaim Deed from Missouri Pacific Railroad Company
to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as
Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and
also being that same property described in that certain Correction Quitclaim Deed,
dated June 1, 2001 and filed for record in the Real Property Records of Denton
County, Texas as Volume 4857, Page 020211 where such deliberation in an open
meeting would have a detrimental effect on the position of the City Council in
negotiations with DCTA. Consultation with the City’s attorneys regarding legal
issues associated with the granting of said property above described where a public
discussion of these legal matters would clearly conflict with the duty of the City’s
attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Heggins, Council Member Mulroy, and Council
Member Watts.
ABSENT: None.
City of Denton City Council Minutes
September 22, 2009
Page 6
Regular meeting of the Denton City Council on September 22, 2009 at 7:35 p.m. in the City
Council Chambers.
1.PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state
under God, one and indivisible."
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. BUDGET ITEMS FOR CONSIDERATION
Bryan Langley, Director of Finance, stated that he would be addressing Items 2A-D. Item A was
the ordinance adopting the tax rate which was the same tax rate as this year. It incorporated a
gradual increase for the over 65 exemption over the next several years. Item B approved the
2009 tax rolls. Item C would adopt the fiscal year 2009-10 budget and Item D was ratifying that
the Council had approved the budget which was a state requirement.
Ordinance No. 2009-214
A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem
property tax of the City of Denton, Texas, for the year 2009, on all taxable property within
the corporate limits of the City on January 1, 2009, and adopting a tax rate for 2009;
providing revenues for payment of current municipal maintenance and operation expenses
and for payment of interest and principal on outstanding City of Denton debt; providing for
limited exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
Council Member Mulroy motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-215
B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2009 tax
rolls; and providing an effective date.
Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 22, 2009
Page 7
Ordinance No. 2009-216
C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year
2009-10 Annual Program of Services (Budget) and the first year of the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on
October 1, 2009, and ending on September 30, 2010; and declaring an effective date.
Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-217
D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of
the Fiscal Year 2009-10 Annual Program of Services (Budget) for the fiscal year beginning
October 1, 2009, and ending on September 30, 2010 when the Budget will raise more
revenue from property taxes than last year’s budget; and providing an effective date.
Council Member Mulroy motioned, Council Member Watts seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
3.CONSENT AGENDA
Mayor Burroughs stated that Item G would be considered separately. Speaker cards had been
submitted for Items 3W.
Council Member Mulroy motioned, Council Member Heggins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item 3G and 3W.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-218
A. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of
rates contained in Ordinance No. 2008-211 for Electric Service; deleting Energysave
Program (Schedule EP); incorporating Ordinance No. 2008-301 to add and amend
Greensense Energy Efficiency Rebate Program (Schedule GRP) and amend Distributed
Generation from Renewable Sources Rider (Schedule DGR); deleting Special Event Service
(Schedule SE); providing for a repealer; providing for a severability clause; and providing
for an effective date.
Ordinance No. 2009-219
B. Consider adoption of an ordinance amending the Schedule of Water Rates contained in
Ordinance No. 2008-212 for water sdfervice rates and water rates; amending Wholesale
Raw Water Service Rate to Upper Trinity Regional Water District (WRW); the Wholesale
Raw Water Pass-Through Rate to Upper Trinity Regional Water District from Lake
City of Denton City Council Minutes
September 22, 2009
Page 8
Chapman into Lake Lewisville (Schedule WCL); amending several water tap and meter
fees; providing for a repealer; providing for a severability clause; and providing for an
effective date.
Ordinance No. 2009-220
C. Consider adoption of an ordinance amending the schedule of Wastewater Rates contained in
Ordinance No. 2008-213; providing for a repealer; providing for a severability clause; and
providing for an effective date.
Ordinance No. 2009-221
D. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of
rates for Solid Waste Service contained in Ordinance No. 2008-214 as authorized by
Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the
provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances
of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service;
providing for the establishment of no parking zone fees (Schedule SWC); a change in the
construction and demolition uncompacted materials cubic yardage rate (Schedule
SWC&D); the addition of a construction and demolition processing rate (Schedule
SWC&D); an increase from 4% to 5% of gross revenues due the Solid Waste Department
for businesses providing collection and transportation services within the City limits of
Denton (Schedule SWP); the addition of 5% of gross revenues due the Solid Waste
department for ‘small operators’ (Schedule SWP); and redefining the tire sizes for the
whole tire rates charged (Schedule SWL); providing for a repealer; providing for a
severability clause; and providing an effective date.
Ordinance No. 2009-222
E. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule
of miscellaneous fees, deposits, billings and procedures for administrative services to city
utilities customers contained in Ordinance No. 2008-216; adding a new customer
application charge; amending Section 26-3 of the Code of Ordinances regarding residential
service deposits; providing for a repealer; providing for a severability clause; and providing
for an effective date.
Ordinance No. 2009-223
F. Consider adoption of an ordinance amending the schedule of Engineering Fees contained in
Ordinance No. 2008-215: providing for a repealer; providing for a severability clause; and
providing for an effective date.
Ordinance No. 2009-224
G. Consider adoption of an ordinance amending Section 22-38 of Chapter 22 (Parks and
Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and
program fees by adopting a Schedule of Fees; repealing all fees in conflict with such
schedule; repealing Ordinance No. 2007-267 and all ordinances in conflict with the new
Schedule of Fees; and providing an effective date. The Parks, Recreation and
Beautification Board recommends approval (4-0).
City of Denton City Council Minutes
September 22, 2009
Page 9
Mayor Burroughs indicated that Speaker Cards were submitted by:
Sam Scoggins, 600 Cordell, Denton, 76201-spoke against the $5 increase in the athletic
fees.
Emerson Vorel, Director of Parks and Recreation, stated that the fee increase for youth sports,
specifically youth sports impact fee, was instituted in the 2003-04 fiscal year. At that time the
fee was $5 to recover 10% of the operation and maintenance of the facilities that the leagues
used. In 2007-08 5.7% was recovered by raising the fee and staff was projecting to recover 8.6%
this next fiscal year.
Council Member Mulroy asked if that fee was applied to the maintenance of the fields.
Vorel stated that it went back to the general fund against the maintenance costs.
Council Member Mulroy stated that staff was not asking for any capital money that built the
fields.
Council Member Gregory asked about the alternative soccer league.
Vorel stated that it was a small league that operated out of the MLK Center. The registration did
not start until registration for the Denton Soccer Association had closed. Many times they were
getting children who missed the other registration or who were on a wait list from the Denton
Soccer Association. Usually 40-50 players played on a less than regulation size field and usually
a 4 on 4 play and not competition level play.
Council Member Watts motioned, Council Member Mulroy seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-225
H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a grant agreement for one hundred sixty-two thousand seven hundred
and ten dollars ($162,710.00) from the Texas Department of Housing and Community
Affairs Emergency Shelter Grant Program and take all other actions necessary to implement
the program; and providing for an effective date.
Ordinance No. 2009-226
I. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for Harris Public Utility Billing System and associated software
modules available from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; providing for the
expenditure of funds therefor; and providing an effective date (File 4364-Purchase of
Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems,
Inc. in the amount of $92,775.39).
City of Denton City Council Minutes
September 22, 2009
Page 10
Ordinance No. 2009-227
J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly
PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) from only one source in
accordance with the provision for State Law exempting such purchases from requirements
of competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4365-Purchase of Annual Maintenance for Oracle EnterpriseOne
Software Package awarded to Oracle USA, Inc. in the amount of $101,183.24).
Ordinance No. 2009-228
K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for Interactive Voice Response and Outage Management System and
associated software modules for Denton Municipal Electric (DME) utility available from
only one source in accordance with the provision for State Law exempting such purchases
from requirements of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 4366-Purchase of Annual Maintenance for Milsoft Utility
Systems awarded to Milsoft Utility Solutions in the amount of $56,564.00).
Ordinance No. 2009-229
L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for VisionAir Public Safety Software System and associated modules
used for Police and Fire Department dispatching and records management available from
only one source in accordance with the provision for State Law exempting such purchases
from requirements of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 4369-Purchase of Annual Maintenance for VisionAir
Public Safety Software System awarded to VisionAir, Inc. in the amount of $188,482.61).
Ordinance No. 2009-230
M. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and
3G (third-generation) wireless computer network for the Public Safety mobile computers
used by City of Denton Police, Fire and EMS personnel available from only one source in
accordance with the provision for State Law exempting such purchases from requirements
of competitive bids; providing the expenditure of funds therefor; and providing an effective
date (File 4370-Purchase of Annual Service Access and Support for Enhanced Data rates
for GSM Evolution (EDGE), and 3G (third-generation) awarded to AT&T Mobility in the
amount of $122,279.88).
Ordinance No. 2009-231
N. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and
Confer Agreement between the City of Denton and the Denton Police Officers Association,
and providing an effective date.
City of Denton City Council Minutes
September 22, 2009
Page 11
Ordinance No. 2009-232
O. Consider adoption of an ordinance authorizing assignment pay for Police Department
employees assigned to perform specialized functions of Field Training Officer and officers
assigned to the Tactical Team of the Police Department, authorizing assignment pay for
Police Department employees on a callout list approved by the Department head who are
assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative
Services, officers who are Canine Officers, and officers who are Hostage Negotiators of the
Police Department, and providing an effective date.
Ordinance No. 2009-233
P. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and
Confer Agreement between the City of Denton and the Denton Fire Fighters Association,
and providing an effective date.
Ordinance No. 2009-234
Q. Consider adoption of an ordinance of the City of Denton, Texas repealing Ordinance No.
2009-088 and authorizing Assignment Pay for Fire Department employees in the
classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of
Training Chief, Emergency Medical Services Chief and Resource Management Chief,
Captain-Logistics/MaintenanceOfficer, Captain-Training Officer, Fire Marshal, Assistant
Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist I, Fire Inspector
Specialist II, Emergency Management Program Manager and Fire Recruitment
Management Analyst who are assigned to perform assigned functions on a forty-hour work
week in the Fire Department and providing an effective date.
Ordinance No. 2009-235
R. Consider adoption of an ordinance of the City of Denton, Texas, authorizing contribution to
the Denton Firemen’s Relief and Retirement Fund by the City; and establishing an effective
date.
Ordinance No. 2009-236
S. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No.
2006-293, prescribing the number of positions in each classification of Police Officer;
prescribing the number of positions in each classification of fire fighter; providing a
repealer clause; and declaring an effective date.
Ordinance No. 2009-237
T. Consider adoption of an ordinance approving an agreement between the City of Denton,
Texas, and the Denton Chamber of Commerce; and providing an effective date.
Ordinance No. 2009-238
U. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 25 of the
Code of Ordinances by amending Section 25-158 to add the City of Denton Parks and
Recreation Department as seller; amending Section 25-159 to add payments to be made
prior to interment; amending Section 25-160 to add a late fee for failing to obtain a permit
prior to burial and to specify on permit location of grave site; amending Section 25-161 to
City of Denton City Council Minutes
September 22, 2009
Page 12
add a late fee for failing to obtain a permit before erecting monuments or tombstones or
performing concrete work in the city cemeteries; amending Section 25-164 to clarify
monument specification, add authority to inspect and remove monuments not in compliance
and require the placement of temporary grave markers prior to monument placing;
amending Section 25-165 to clarify direction of lettering on monuments; amending Section
25-166 to clarify direction of lettering on monuments; amending Section 25-168 to require
removal of arrangements within 72 hours of placement, authority to remove wilted or
unsightly flowers, to require flowers to be affixed to mounted containers, to specify
approved containers and to provide authority to remove memorabilia not placed in affixed
containers; amending Section 25-171 titled removing flowers to add removal of flowers for
cemetery development or maintenance; providing for a severability clause; amending
Section 25-172 to change the title from city health officer to county medical director;
providing for a savings clause; providing for a penalty not to exceed $500 for violations of
this ordinance; and providing for an effective date.
Ordinance No. 2009-239
V. Consider approval of an ordinance amending Ordinance Number 2003-268 of the Code of
Ordinances of the City of Denton, Texas, relating City of Denton fees to be charged at
I.O.O.F and Oakwood cemeteries by adopting the schedule of fees; repealing all fees in
conflict with such schedule; repealing Ordinance No. 2003-268 and all ordinances in
conflict with the schedule of fees; and providing an effective date.
Ordinance No. 2009-240
W. Consider adoption of an ordinance terminating that certain airport lease dated June 21, 2005
by and between the City of Denton, Texas and NTDenton Leasing, Inc for the property
known as 4600 Spartan Drive; authorizing the City Attorney or her designee to take
appropriate action to effectuate the termination; and, providing an effective date. The
Airport Advisory Board recommends approval (6-0).
Mayor Burroughs indicated that Speaker Cards had been submitted for this item.
Peter Edwards, 6901 Red Bud Drive, Flower Mound, 75022. He asked that the item be removed
from the agenda to allow them to meet with Council to let them know what was going on with
the project. They had problems with the construction schedule and he was asking for more time
to present his case. He had invested $350,000 already in the project and did not want to lose that
investment.
Council Member Gregory asked when the foundation was poured on the site.
Edwards stated that the main part was done over six months ago. They had done a little more on
the site in the past few months.
Charles Jones, 4600 Spartan Drive, Denton, 76207, stated that the lot originally had a city
drainage ditch on it and a lot of dirt work had to be done to prepare the site. The main slab was
poured about this time last year along with the ramp and parking. To date all lease payments
were current with over $44, 000 made in payments along with tap fees and building permit fees.
The City would lose nothing by allowing them to complete the project. They had an investor to
City of Denton City Council Minutes
September 22, 2009
Page 13
fund the project but were still was in the process of completing the paperwork. He asked to table
the item for two weeks in order to get all of the paperwork completed.
Council Member Mulroy stated that he would like city staff to make a presentation on the backup
that the public may not have seen. There was extensive history of the extension and he would
like that made known to the public.
Quentin Hix, Airport Manager, presented background information on the item which related to a
ground lease approved on June 21, 2005. One of the terms of the lease was that the tenant would
begin construction of the improvement on the site by March 28, 2006 and be completed by June
11, 2007. The prior Airport Manager began working with the tenants in July 2006 with a
certified letter that they were not in compliance with the lease. After numerous contacts, the
foundation was poured in June 2008. There had been continued discussion trying to continue
with the construction and complete the lease with extensions provided to complete. Hix asked
for a written time frame for completion on March 2, 2009 with a proposed schedule to complete
by August 25, 2009. From outset of that agreement the tenants had failed to meet their
milestones. On June 26, 2009 staff notified the tenant to begin construction or a termination of
the lease would begin on July 31, 2009. The tenants were also asked to provide staff some
evidence that they had financing set up to allow them to meet their commitment to complete
construction. That evidence needed to be a form from a recognized financial institution plus
some evidence that the steel was to be fabricated by the supplier. The tenants did not provide any
of the requested information and no construction had begun as of this date beyond the foundation
of June 2008. At the end of July the tenant was informed by staff that they would begin
termination of the lease. As of this date, staff had still not received the information on the
financing, ordering of the steel or a production schedule. Staff was recommending termination of
the lease.
Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
4.ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Burroughs stated that Council had a discussion in the Work Session regarding the tabling
of items on an agenda. He asked the City Attorney to address her issues and the proper
procedure to continue items indefinitely when needed.
City Attorney Burgess stated that the current procedure Council was using was proper.
However, there were other procedures which would serve the Council and public just as well. A
continuance procedure could be used to table an item to either a date certain or an event certain.
An item could also be continued indefinitely. Indefinitely would essentially kill the item. If
Council wanted an item to remain alive it should be moved to a date certain or an event certain.
Planning might be ready for the October 6th meeting in regards to Item 4B. Council could leave
the item tabled until that meeting and in the future move to the continuance process.
City of Denton City Council Minutes
September 22, 2009
Page 14
A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an
interlocal cooperation agreement and granting an easement to the DCTA on the Denton
Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an
effective date. The Mobility Committee recommends approval (3-0). (Tabled from March
3, 2009)
This item remained on the table.
B. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving a
Specific Use Permit to allow for gas well drilling and production on property on a three (3)
acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town
Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood
Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (S09-0006) The
Planning and Zoning Commission recommends approval (4-0). (Tabled from July 21,
2009)
This item remained on the table.
C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing
the City Manager to execute an amendment to expand the scope of activities and extend the
term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009,
as extended and expanded on June 23, 2009, as extended and expanded on September 1,
2009, and as extended and expanded on September 15, 2009 in favor of the Denton County
Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of
certain real property of the City of Denton for the purpose of performing activity as
described in Attachment "A" hereto; and providing and effective date.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded approve Item C to allow
access by DCTA through November 6, 2009 into the Denton Rail Corridor for work on Phases I,
II, and III, but contingent on:
1. The City Manager reaching an agreement with DCTA to provide that the City is
protected on performance and payment bonds
2.The clearing of engineering comments on the project, as determined by the City
Manager
3. Agreement on warranty on the contractor’s work for a period of two years after
acceptance of the project
4.Work performed within the city of Denton meeting applicable law and regulations.
5.The payment of all required fees.
6.Proof of insurance naming the City as an additional insured.
Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 submitted a speaker card in
opposition. He first questioned the Council making motions before citizens spoke. He indicated
that Section 2 of the ordinance stated that DCTA had to be in compliance with all regulations
including city regulations, mandates, etc. He felt that indicated that DCTA would not start on
the project until all city regulations were met.
City of Denton City Council Minutes
September 22, 2009
Page 15
Council Member Watts questioned that on large phased projects, could a developer be in
compliance with phases or would the entire project have to be in compliance.
City Manager Campbell stated that this was the first project of this type and was unique in many
aspects. He felt it would be impossible to have DCTA have everything along the entire corridor
done before starting the phases.
Council Member Watts assumed that condition 4 meant all of Denton's permitting and
development regulations. Council would be notified of completion as the conditions were met.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
D. 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 AND Under Section
551.0415 of the Texas Open Meetings Act, provide reports about items of community
interest regarding which no action will be taken, to include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an announcement
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda.
Council Member Watts requested a study on a bike lane on Pennsylvania from the Service Road
to Teasley.
Mayor Burroughs requested information on alternatives for bike lanes from UNT to the
downtown area.
Council Member Engelbrecht requested transportations alternatives from UNT/TWU to Rayzor
Ranch.
Council Member Gregory requested information on a sidewalk or bike path for the Singing Oaks
Addition to Lee Elementary School
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no continuation of Closed Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
City of Denton City Council Minutes
September 22, 2009
Page 16
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned at 8:46 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS