HomeMy WebLinkAboutNovember 05, 2001 Agenda AOENDA
CITY OF DENTON CITY COUNCIL
November 5 2001
The City of Denton City Cottncll vall convene in a Work Session on Monday November
5 2001~ at 12 noon m the City of Denton Work Session Room Denton City Hall 215 E
McKlnaey t}enton Texas to consider the following
2
Receive a relam hold a discussion and give staff direction regarding city council
meeting structure and procedures and the public heanng process
Receive a report hold a discussion and give staff direction regarding expenditure
of the council contingency funds
3
Hold a discussion and give staff direction regarding staff assistance vath public
meetings
CERTIFICATE
I certafy that the above notice of meeting was posted on the bulletin board at the City Hall
of the ~21ty of Danton Texas on the . day of 2001 at __
o clock (a rn ) (pm )
CITY SECRETARY
NOTE~ THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT
THE (31TY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING PLEASE CALL THE CITY SECRETARYS OFF1CE AT 349 8309 OR USE
TELE~_OMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1800
RELAy TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY S OFFICE
AGENDA INFORMATION SHEET
AGENDA DATE
DEPARTMENT
CM
November 5 2001
Clty Manager s Office
M~chael A Conduff Clty Manager
SUBJECT
Receive a report hold a d~scuss~on and g~ve staff d~rect~on regarding (1) C~ty Council
meeting structure and procedures and (2) the pubhe heanng process
BACKGROUND
1 Meetmg Structure
Currantly the C~ty Council uses the follovang meeting structure
°* Regular Meetings are held on the first and third Tuesday of the month
~' Work Sessions are held on the second and fourth Tuesday of the month
*,* Council Luncheons are held as the need arises
} Regular Meetings and Work Sessions are televised
If Council desxred to do so the Regular Meetm~ and the Work Sessmn could be held
dunng the same day thus minimizing the number ofoccasxons Council ~s reqmred to
meet
For example the Work Sessmn could be held dunng the lunch hour or ~t could be held
an hour or two prior to the Regular Meeting Lxve broadcasts of both the Work Session
and the Regular Meeting would continue From ttme to Ume non televised pubhc
meetings could be held to d~scuss xssues as they arise
II Letters of Not,cation
The processes for letters of notification for a public heanng are as follows
As outlined in Denton Code § 35 7 (b)(4) and Ordinance 1999 - 029 the City of Denton
currently
Gives notice of a public heanng not less than fifteen (15) days before the first
public heanng
Publishes notaficatlon in the official newspaper of the ctty stating the time and
place of the public heanng and a description of what is to be discussed
Notifies all residents vathm 500 feet of the subject property through the marling
of a Courtesy Notate via first class mini
· Notifies all property owners vattun 200 feet of the subject property through the
mmhng of a Legal Notice of Pubhe Heanng via certified mall
Reqmres the placement of a notification sign on the subject property that meets
the reqmrements set forth by the Planmng and Development Department
You vail find attached examples of the current Courtesy Letter and the current Legal
Notaee of Pubhc Heanng as well as the proposed Courtesy Letter and the proposed Legal
Notice of Public Heanng
III Pubhc Hearlngs
At present the City of Denton uses the follovang procedures for conducting a public
hearing
Cltazeus must fill out a request to speak card - a blue card for regular meetings and
special called meetings At the present tame there is no requirement that blue cards be
filled out wlule m attendance at the City Council meeting In other words a person does
not have to actually be present at the City Council meeting to fill out a request to speak
card
Current time hmas as required by Ordinance 2001 193 section 6 5 (2 29(e)) are as
follows
Speakers before the Council shall hrmt their remarks to five (5) minutes
or less for public beanng items and citizen reports Citizens speaking to
a non public beanng agenda item shall limit their presentations to three
(3) minutes or less
2
Alternatnve Public Heanng Procedures
Surrounding mumcnpalmes use a eombnnatnon of three elements for conducting a pubhc
heanng (1) multmolored cards (2) A representative approach and (3) tnme lnmnts
A Multncolored Card~
Currently the Cnty of Arlnngton and the Cnty of Fort Worth use a multmolored card
format In the case of Arlnngton an orange card ~s used to request to speak for an agenda
ntem and a blue card ns used to request to speak on an item not on the agenda
The Cnty of Fort Worth uses three cards (1) a white card to request to present an ~tem to
comment on an ntem or to request that Council consnder a future ~tem (2) a yellow card
to register support for an ntem and (3) a green card to regnster opposmon to an ~tem
In your backup you will find three different colored cards a blue card a green card and a
red card The blue card ns a request to speak card and would be used anytnme a person
desnred to address the Council on an agenda ntem The green card would be used to
register support for an agenda ntem when the person does not wnsh to address councd
The red card would be used to register opposnt~on to an agenda ntem when the person
does not w~sh to address the Couned
B Representattve Approach
Currently the City of Fort Worth and the C~ty of Lew~svdle use vanatnons of the
representatnve approach
Dunng a pubhc heanng nn Fort Worth presentations are hmlted to 3 m~nutes for
~ndnvlduals When speaking for 10 or more ~ndnwduals present m the C~ty Councd
Chambers the presentataon ns lnmnted to 10 nunutes by the representatnve(s) of the group
Other members of the group cannot speak The Mayor must be advnsed prior to the start
that a group presentatnon will be made The Mayor may ask the group members to stand
to confirm that 10 members are present m the Cnty Council Chambers
Dunng a publne heanng nn the Cnty of Lew~swlle the proponent is lnmlted to 10 m~nutes
and opposing groups are asked to have one person speak for 10 m~nutes The proponent ~s
allowed 5 nunutes to respond to the opposntnon If a person does not w~sh to be
represented by a group they are requested to lnm~t themselves to ten mtnutes or less
If Councd ~s comfortable w~th ttus approach the C~ty of Denton could nmplement a
vanatton on the representatnve approach that meets the needs and local customs of our
commumty
£ Ttme Ltmttattonv
Of the 16 cntaes surveyed 9 c~tnes lnma a speaker s tnme to speak on an ~tem dunng a
pubhc hearing to 3 minutes The Town of Add~son does not have any ttme hmntatnons and
citizens are recognized to speak at the pleasure of the Mayor The remaining 6 cities lmalt
a speaker s tmae to speak on an item during a public heanng to 5 minutes
Council may w~sh to consider the following questions
1 Why do we want to change the current public heanng procedures9
2 Do we want to implement any of the procedures discussed m the backup?
STAI~ RECOMMENDATIONS
Staff recommends that Council consider the following
Holding the Work Session and the Regular Meeting on the same day and
providing for the opuon for non televised public meeting to be held as the need
arises
Implementing a multicolored card system
o* Instituting a requirement that persons completing a card be required to be present
at the City Council meeting
Prowdmg for some procedure to reqmre groups to select a representative to speak
for them and to limit the group s representative to a period of time no less than 5
minutes and no greater than 10 minutes
COL~CIL OPTIONS
1 Council could decide that the current meeting structure and procedures are
adequate and direct staff to keep the emstmg requirements and procedures
2
Council could decide that the current meeting structure and procedures are
inadequate tmplemant some or all of the procedures discussed and direct staffto
draft an ordinance to be enacted at an upcoming regular meeting
PRIOR ACTION/REVIEW (Counefl~ Boards, Commlssnons)
Ordinance Number 2001 193 amended repealed and consohdated ordinances 76 48 81
3590026 90 150 92 115 93 073 94 183 96045 96057 96085 96257 98246 98
325 98 415 99 028 and2000 420
Ordinance Number 1999 - 029 Estabhshed our current public heanng notification
process
4
Prowded public heanng survey data and findings ~n Reading File on August 31 2001
FISCAL INFORMATION
There should be no major addltmnal expense recurred by ~mplementmg any of these
changes There will be nominal printing expenses assocmted w~th the multicolored card
system as well as the production ofpubhc educatmn materials
Respectfully Submitted
Robert Hanna
Management Assistant
Attachments
1 Ordinance 1999 029
2 Demon Code § 35 7 (b)(4)
3 Letters of nottfieataon for a pubhc heanng (current and proposed)
4 Ordinance 2001 193
5 Multicolored cards
6 Survey Data
ORDINANCE NO C q--0 .q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35
"ZONING" 0F THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY
REVISING SECTION 35 7 "AMENDMENTS" AND SECTION 35 44 "NOTICE OF PUBLIC
HEAR/NGS", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION
PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEt~ THE
BOUNDARIES OF ZONING DISTRICTS OR THE REGULATIONS ESTABLISHED
RELATED TO ZONING ARE AMENDED, SUPPLEMENTED, OR CHANGED, OR WHEN
ZONING VARIANCES, APPEALS, OR SPECIAL EXCEPTIONS ARE MADE, REQUIRING..
THE USE OF CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN
200 FEET FROM A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR
SPECIAL EXCEPTION IS REQUESTED, REQUIRING TI-I~. USE OF FIRST CLASS MAIL
TO I~OTIFY PROPERTY OV~NERS LOCATED VflTHIN 500 FEET OF A PROPERTY
WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS
REQUESTED, REQUIRING Tlq'~. POSTING OF SIGNS ADVERTISING PUBLIC HEARING
DATES ON PROPERTIES IVH'ERE A ZONING CHANGE, VARIANCE, APPEAL, OR
SPECIAL EXCEPTION IS REQUESTED, BY ADDING SECTION 35 56 "ACCESS TO
PROPERTY/REMEDY FOR REMOVAL OF SIGN", PROVIDING THE REMOVAL OF A
SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION OF LAW,
REPEALING ORDINANCE 79 62, PROVIDING A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY
CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE
WHERI/AS the City of Denton Texas holds pubhc hearings as reqmred by Chapter 35
' Zoning for many purposes mcludms zomng amendments variances zoning appeals and spec,al
exceptions to the zoning code, and
WHEREAS the City of Denton complies w~th Texas State Law regarding requ~rement~ for
pubh¢ heanng notification ofcmzens and interested parties and
WI-~REAS the City Council of the City of Denton has determined that public heanng
notification procedures strongly affect pubho participation m city government and that high levels of
pubh¢ pam¢~pation are wtal to good government and sound municipal decision malang and
WHEREAS the City Council of the City of Denton has detemuned that public hesnng
notlficauon reqturements should be expanded and improved to maintain high levels of public
psrtmpat~on and that other measures have been identified to enhance existing requirements and
WHEREAS the City Council haz conducted a public heanng on ti.,, proposed regulations
contained hereto NOW THEREFORE
THE COUNCIL O~ THE CITY OF DENTON TEXAS HEREBY ORDAINS
~ That Chapter 35 "Zoning of the Code of Ordinances of the City of Denton
Texas Is hereby amended by delttmg subsechon ('o)(3) to Section 35 7 Amendments and replacing
the subsection vath language to read as follows
(3) Public Hearing Required by Planning and Zoning Commission The Planning
and Zontng Commission shall hold a public hearing on any appllcetlon for an
amendment or change In the zontng ordinance prior to making Its recommendation
and report to the city council
(a) Notice of Public Healing Notice of the public hearing shall be ~lv-~n not
less than ten (10) days before the date set for the commission s public hearing
using each of the following methods
(i)
Published Notice Notice of the scheduled public heanng shall be
published In the official newspaper of the city stating the time and
place of such public hearing and a descnpbon of the requested
amendment to the zonlng ordinance
(Il)
Legal Notice Legal notice of the scheduled publlc heanng shall be
sent to all owners of real property lying within two hundred (200) feet
of the subject property Notice shall be glven by posting such notice
not less than ten (10) days before the date set for hearing properly
addressed and postage paid via certified mall to each owner as
Indicated by the most recently approved city tax roll
(ill)
Courtesy Notice Written notice of the scheduled public hearing
properly addressed and postage paid via first class mail shall be
provided to all residents of property located within five hundred (500)
feet of the subject property by posting such notice to each pamel
address as recorded on the cltys Geographic Information System
(GIS) data base Failure on the part of property owners to receive the
courtesy notice shall not invalidate the scheduled public hearing
process
(Iv)
Posted Notice A 81gn shall be posted on the subject property
according to rules established and publlshed by the Planning and
Development Department a copy of whlch will be available at the
City Secretary e office and the Plannlng and Development
Department offices
{b) Action by the Planning and Zoning Commission
(I)
Recommendation of Approval If the commlsslon recommends
approval of the requested zoning chaPge such request shall be
referred to the council at their next available regular meeting except
that It shall be not less than twenty (20) days but not more than sixty
(60) days after the commission meeting at which the r~,commendatlon
wan made
(11)
Conditions may be attached In order to cafeg~erd the pubhc
safety and welfare and to protect properties from adverse Impacts
and Incompatibilities the commission may recommend conditions
and restrictions on the subject property
Recommendation of Denial If the commission recommends den~al
of the requested zoning change such request shall not be referred to
the council unless the applicant within ten (10) days-of the
commissions action shall file a request In writing w-rth the
Department requesting that the council review the commissions
recommendation
~ That Chapter 35 Zoning of the Code of Ordinances of the Ctty of Denton Texa~
ts hereby amended by deleting Section 35 44 'N'ot~ce of Pubhc Hearings and replacml/the sectton wtth
lanh~ago to read aa follows
Sec 35-~.~ Notice of public hearings
The Zoning Board of Adjustment shall hold a public hearing on all applications and
appeals made hereto
(e) Notice of Public Hearing Notice of the public hearing shall be given not
less than ten (10) days before the date set for the board s public hearing uslng
each of the following methods
(1) Published Notice Not,ca of the scheduled public hearing shall be
published In the official newspaper of the clty stating the time and place
of such public hearing and a description of the requested amendment to
the zoning ordinance
(2)
Legal Notice Legal notice of the scheduled public hearing shall be sent
to all owners of real property lying within two hundred (200) feet of the
subject property Notice shall be given by posting such notice not less
than ten (10) days before the date set for hearing properly addressed
and postage paid via certified mall to each owner as Indlcatad by the
most recently approved city tax roll
(3) Courtesy Notice Written notice of the scheduled public heanng
properly addressed and postage paid via first class mail'~hall be
provided to all residents of property located within five hundred (500) feet
of the subject property by posting such notice to each parcel address as
recorded on the citys Geographic Information System (GIS) data bass
Failure on the part of property owners to receive the courtesy notice shall
not Invalidate the scheduled public hearing process
(4)
Posted Notice A sign shall be pose. ed on the subject property according
to rules established and published by the Planning and Development
Department a copy of which will be available a the City Secretary s
office and the Planning and Development Department offices
~ That Chapter 35 '~Zonmg ' of' the Code of Ordinances of tho Ctty of Denton
Texas, Is hereby amended by addlr~ S~ctlon 3f fi5 Acce~ to Property Reroedy for Removal of Sign to
read as follows
(a) Access to Property The apphoant/potmoner/landowner shall allow the D~rector of Planning
and Developroent or his/her designee to enter on to the prerrusea for winch a zorung ~h~ge or
amendment, vanance, appeal or ~pectal exception public hearing is scheduled for the purposes of
mstalbitg maintmnmg and removing mgns required by tlus orchnance
(b) Remedy for Removal of Sign It shall be unlawful for any person, other than the Du'ector of
Plamung and Developroent or bis/her designee to knowingly reroove deface or rojure ro any roanner a
sign or part therecfreqtured by the provisions of tbis ordinance
That the pmvmons of Ordroance 79 52 are hereby repealed m their entu'ety
~I?,_CL[D.N~ That any person ,aolatmg any provmon of tbs orchnance shall upon convichon,
be fined a sum not exceeding $2 000 O0 F.,ach day that a pwvmon of this ordinance Is violated shall
constitute a separate and chatmct offense
~ That if any section, subsect,on paragaph sentence clause phrase or word m
this ordinance or apphcahon thereof to any person or c~roumstances ts held rovahd by any court of
coropetent junsdlchon such holding shall not affect the vahdlty of the remaining pomons of this
ordinance and the City Council of the City of Denton Texas hereby declares it would have enacted
such reroamrog pomous despite any such valichty
~ That all provisions of the ordinances of the City of Denton tn conflict with the
provmons of this ordmence are hereby repealed and all other provisions of the ordinances of the City
of Denton not in conflict vath the provisions oftlus ordroance shall reroain ro full force and effect
~ That tlus ordinance shall become etTect~ve fourteen (14) days from its
passa.~e and the City Secretary Is hereby directed to cause the caption of this ordinance to be pubhshed
twice un the Denton Record Chronicle a daily newspaper published m the City of Denton Texas
vatlun ten (I0) days of the date of its pa~sagn
PASSED AND APPROVED tlus the ~/~ dayof..~/_~_~_/~.. ,1999
JACK MILLEI~,'M~OR
ATTEST
IENNIFER WA/TILRS CITY SECRETARY
APPROVED AS TO LI/OAL FORM
I-I~RBF_,RT L PROUTY, CITY ATTORNEY
ZONING § 35 8
3 Recommendatton of denzal If the commmsmn recommends demal of the
requested zoning change such request shall not be referred to the councal
unless the apphcant wathm ten (10) days of the comm~ssmns action shall
file a request an writing vnth the department requesting that the councal
review the comnuesmn s recommendatton
(4) A pubhc heanng shall be held by the city council before adopting any proposed
amendment supplement or change Not, ce of such heanng shall be g~van by pubhca
tmn m the offimal newspaper of the mty stating the tune and place of such heanng
winch trine shall not be earhar than fifteen (15) days from the date of pubhcatmn
(5) In case of a written protest against such change sagned by the owners of twenty (20)
percent or more of e~ther the area of the lots or land ancluded m such proposed change
or of the lots or land tmmedmtely adJoLrang the proposed change and extandmg two
hundred (200) feet therefrom such amendment shall not become effectave except by the
favorable vote of three fourths of all members of the mty council Furthermore a
favorable vote of three fourths of all members of the caty council ts reqmred to overrule
a recommendation of the planning and zomng commaesmn that a proposed amend
merit supplement or change be deraed
(6) No petttaon for a change tn a zoning dmtnct shall be heard for a parttcular parcel of
property tf wltinn twelve (12) months prior to the date of such petatmn a pet~taon for
a change of zoning for the same or a less restrictive zoning distract for the same
property was demed by the mty counml or the prmr pet~tmn was wathdrawn al~er the
g~vmg ofpubhc nottce therefor prowded however that the city council upon finding
that there has been a substantial change an condat~ons tn the area in the twelve month
permd that would warrant a reconstdaratmn of the prohabated rezonmg request may
allow such petatlon to be heard For purposes of thru subsectmn the agracultural zomng
d~stnct hsted first m the heading of the schedule of uses of sectmn 35 77 shall be
ronstdered the most rest~ctave zoning dastnct and each zomng chstnct thereafter
hsted m successton m such schedule shall be coasadared to be less restncttve than the
prior hsted zorang chstnct The prowstons of tins subsectton shall not apply to
apphcettous for planned development zoning dmtncts
(c) F~lzng fees Any person petatlomng for a change or amendment to the prowsmas of tins
chapter or amendments to flus chapter pursuant to subsectton (a) of tins secUon shall pay to
the department of planmng and commumty development a fihng fee m an amount deterramed
and as from tune to time amended by ordinance approved by the mty council a copy of which
ordinance m on file vnth such department
(Ord No 69 1 § I(App B Art 26) I 14 69 Ord No 71 54 Pt I 11 23 71 etd No 81 28 §
I 31781Ord No 81 89 §I 91581 etd No 84 92 §2 72484 Ord No 85 32 §121985
Ord No 85 136 § I 71685 Ord No 99 029 §I 2299)
See S5 8 Zoning districts established
The mty m hereby dl~nded rote eighteen (18) zomng dmmcts The use height and area
regtdations as set out m flus chapter are umform m each d~stract The eighteen (18) d~stncts
Supp No 9 2497
Attachment ~) (..~.) - ~o¢~'~,~
NOT'J:¢E OF PUBL.I:¢ HEAl']:N*
The Planning and Zoning Commission of the City of Denton will hold a public heenng on Wednesday
June 27 20(71 to consider rezonlng approximately ,5 5 acre site located approximately 300 feet west of
the ~ntersectlon of Woodrow Lane ad Morse Street commonly known as 1710 Morse Street from
S~ngle family 7 (SF 7) zoning district to Multi family 1 (MF 1) zoning district (see map attached)
Approximately 84 town homes are proposed
The pubhc hearing will start at 8 00 p m In the City Council Chambers of City Hall located at 215 E
McKInney Street Denton Texas Becauae you own property w~th~n two hundred (200) feet of the
subject properly the Planning and Zoning Commlaslon would Ilks to hear how you feel about th/s
zomng change request and ~nvitee you to attend the public heanng Please ~n order for your opinion to
be taken rote account return this form with your comments prior to the date of the pubhc heanng (This
~n no way prohibits you from attending and par~ic/pabng /n the pubhc heenng ) You may fax ~t to the
number located at the bottom mail It to the address below or drop ~t off in person
Planning and Development Department
221 N Elm 8T
Denton Texas 76201
Attn Deborah Vlera Planner I
The zoning process includes two public hearings designed to provide opportunities for c~t~zen
involvement and comment Prior to the public hearings landowners w~thin two hundred (200) feet of
the subject property are notified of the zomng request by way of th~s notice The first pubhc heanng ~s
held before the Planning and Zoning Commission The Commission ~s informed of the percent of
responses ~n support and In opposition Second the zomng pebtlon is forwarded to the C~ty Counctl for
final acbon providing the Commission recommends approval Should the Commission recommend
denial the petitioner may then appeal the request to the C~ty Council If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit wntten oppos~ben then s~x
out of seven votes of the City Councd are required to approve the zoning change These forms are
used to caleutata the percentage of landowner opposition
Please circle one
In favor of request Neutral to request Opposed to request
Comments
S~gnature
Pnnted Name
Mailing Address
C~ty State ZIp
Telephone Number
Physical Address of Property within 200 feet
CITY OF DENTON, TEXAS CiTY HALL WEST
FIt r)~) t~ ? 01 000~
DENTON TEXAS 76201 940 349 8350 (F} 940 349 7707
Var al ~orso on E~patlol
Legal Not ce of Public Heanng
Department of Planning & Development
221 N Elm St · Donto~ TX 76201 · Phone (940) 349 8350 · Fax (940) 349 7707
The Planmn8 and Zonm8 Commission of the City of Denton will hold a pubh¢ hearing on
Wednesday June 27 2001 to conmder a 5 5 acre site located approxtmately 300 feet west of the
intersect~oB of Woodrow Lane and Morse SWeet Commonly known aa 1710 Morse SU'eet the
s~te wouldbe rezoned fi'om Single Family 7 (SF 7) zoning chsmet to Multi Family 1 (MF 1)
zoning district (see map attached) Approximately 64 town homes are proposed
The pubhe hearing will start at 6 00 p m m the City Council Chambers of Cay Hall located at
215 E MoK~nney Street Denton Texas Becanse you are a property owner within 200 hundred
(200) feet of the subject property, tht Commissioners encourage you to express your views
about this~ zoning change request and lnvtte you to attend the pubitc hearing
A zoning peUt~on follows a two ~ep procesa designed to provide opportuniues for citizen
involvement and comment It m important that you respond to this notification because ~f
properW ownera of more than twenty (20) percent of tho land area w~tlun two hundred (200) feet
of the site submit written opposition, then a sups' majority (3A) of those ehg~ble to vote will be
reqmred to approve the request If you have any questions please call (940) 349 8350
THESE FORMS ARE USED TO CALCULATE THE PERCENTAGE OF LANDOWNER
OPPOSITION
PLEASE CIRCLE YOUR POSITION
I am in favor of the requ~t
Commea~a
I am neutral to the request
I am opposed to the request
Signature
Printed Name
Date
Mailing Address
City State Zip
Telephon0
File Name Z 01 0009 Phone (940) 349 8350 Ver al Dorso en Espaflol
Attachment
COUR NOT CE
Z 01-0009
The Planning and Zoning Commission of the City of Denton w~ll hold a public hearing on Wednesday
June 27 2001 to consider rezonlng approximately 5 5 acre s~te located approximately 300 feet west of
the intarsectlon of Woodrow Lane ad Morse Street commonly known as 1710 Morse Street from
S~ngle family 7 (SF 7) zoning district to Multi family 1 (MF 1) zomng d~strlct (see map below)
Approximately 64 town homes are proposed The public heanng w~ll start at 6 00 p m ~n the C~ty
Council Chambers of City Hall located at 215 E McKmney Street Denton Texas Because you I/ve
within the c~ty I~mlt$ of the City of Denton and are within f~ve hundred (500) feet of the subject property
the Planmng and Zoning Commission would like to hear how you feel about thts zoning change request
and invttes you to attend the public hearing If you own property within two hundred (200) feet of
the subject property you should also be receiving a legal notice requesting a reeponse (see 200
foot buffer on map below) If you do not receive one please call the Planning Department at
(940)349 83~0
200-500 FOOT NOTICE MAP
CITY OF DENTON, TEXAS CITY HALL WEST DENTON TEXAS 76201 940 349 8350 (F) 940 349 7707
F lon~mo Z 0I 0000
Courtesy Nottce
Department of Planning & Development
221 N Elm St · Denton TX 76201 · Phone (940) 349 8350 · Fax (940) 349 7707
The Plarmmg and Zonm8 Commission of the City of Denton w~ll hold a public hearm8 on
Wednesday June 27 2001 to consider a 5 5 acre site located approximately 300 feet west of the
intersection of Woodrow Lane and Morse Street Commonly known as 1710 Morse Street the
site would be re-zoned from Single Fam~!y 7 (SF 7) zoning chstnet to Mult~ Family 1 (MF 1)
zomng dtstnct (see map attached) Approximately 64 town homes are proposed
The pubh¢ hearing wall start at 6 00 p m m the City Council Chambers of City Hall located at
215 E M~Kmney Street Denton Texas Because you live m the cay limits of Denton and are
withtn five hundred ($00) fe~t of the subject property the Planning and Zoning Commission
wouM Ill~ to hear how you fed about this ~onlng change request and lnvites you to attend the
public hearing
If you own prop~' vathm two hundred (200) feet of the subject property you should also
receive a Legal Not,ce of Pubhc Hearing requesting a response (see 200 foot buffer on map
below) if you do not receive the Legal Not~ce please call the Planmng Department at (940) 349
8350
9//
¢/
200 - 500 Foot Notice Map
File Name Z 01 0009 Phone (940) 349 8350 Ver al Dorm en Espafiol
ORD ANCE O
AN ORDINANCE AMENDING ORDINANCE NO 94 183 AND SECTION 2 29 OF THE CITY
CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY
OF DENTON TEXAS AND ALL AMENDING ORDINANCES AND REPEALING AND
CONSOLIDATING ORDINANCES 7648 81 35 90026 90 150 90 150 92 115 93 073 94
183 96 045 96 057 96 085 96 257 98 246 98 325 98 415 99 028 AND 2000 420
PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE
WHEREAS the Con~tulaon and Laws of the State of Texas and Section 2 07 of the City
Charter of the City of Denton Texas authonze the City Council of stud City to promulgate and
establish roles of procedure to govern and conduct meetings order of business and decorum whale
acting as a legislative body representing smd City and
WHEREAS because of its desire to more effectively and efficiently serve the pubhc
through the medium of pubhc meetings it has become necessary to amend and consohdate all
amendments of the City Council Rules of Procedure NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS
.qRCTION 1 That Or&nanee Numbers 94 183 96 045 96 057 96 085 96 257 98 246
98 325 98 415 99 028 and 2000 420 and Secaon 2 29 of the City Code (Rules 6 2 6 7)are
hereby amended and eonsohdated into one Ordinance known as the Denton City Council Rules of
Procedure to read as follows
AI JTI-I(}IRITV
I 1 Charier Pursuant to the pmwslons of Section 2 07 of the Charter of the City of
Denton Texas the City Council hereby enacts these roles of procedure for all meetings of the City
Council of the C~ty of Denton Texas
During any meetang a reasonable opportumty shall be given for citizens to be heard under
these roles These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber mcludmg the city adrmmstrat~ve staff news media and visitors
2 1 Meetmgn 1o he Pnkhe. All official meetings of the Council and Council
conumttees and subcommittees except closed meetings permitted by the provisions of the Texas
Open Meetings Act Chapter 551 TEX GOVT CODE ANN (Vemons Annotated Texas Civil
Statutes 1999 (Vemons) as amended shall be open to the public
PAGE 1
2 2 ~mnn'n Four members of the Council shall constitute a quormn for the
transaction of business (Charter Sectmn 2 06)
2 3 C. nmpelhng Attenrlanee NO member shall be excused from attendance at a
Council me~tmg except for good and vahd reasons
24 Mmcxmduet The Council may pumsh its own members for misconduct
2 5 Mmnte~ nf Mee. tmg~ An account of all proceedings of the Council shall be kept
by the City Secretary and shall be entered m a book constttuting the official record of the Council
A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in
accordaneow~th Chepter 552 'lEX GOVT CODE ANN (Vemons 1999) as amended
2 6 Qa. m~tmna to Contain One ~qn~ee~t All questions submitted for a vote shall
contain one subject except the C~ty Council may approve all ~tems Much are on the consent
agenda m one motion regardless of how many subJeCts are contained m the consent agenda so
long as all items have been properly posted ~n accordance w~th the Texas Open Meetings Act and
have not been removed from the consent agenda by a Councllmember If two or more points are
involved any member may require a dlwsion ~fthe question reasonably admits ofa d~msmn
2 7 Right nf Flnnr Any member desmng to speak shall be reCogmzed by the
Chairperson and shall confine lus or her remarks to the subject under consideration or to be
considered No member shall be allowed to speak more than once on any one subject until every
member wmlung to speak shall have spoken
2 8 C,W Manager The City Manager or Acting City Manager shall attend all
meetings of the Council unless excused He or she may make recommendations to the Councd and
shall have the right to take part m all thscussmns of the Council but shall have no vote (Charter
Section 5 03 (d))
2 9 ~ Tho City Attorney or Acting C~ty Attorney shall be avmlable
upon request for all meetings of the Council unless excused and shall upon request gave an
oplmon either written or omi on quesaons of law The C~ty Attomey shall act as the Council s
parhamentanan
2 10 Caty_Sacmta~ The C~ty Secretary or Acting C~ty SeCretary shall attend all
meetings of the Council unless excused and shall keep the official minutes and perform such other
duties as may be requested by the Council
2 11 ~ Any officer or employee of the City when requested by
the C~ty Manager shall attend any meeting of the Council If requested to do so by the C~ty
Manager such employee may present reformation relating to matters before the Council
PAGE 2
2 12 l~,,lea ne Order These rules govern the proceedings of the Council m all eases
except that where these rules are silent the most recent E&tlon of Robert% Rules of Order revised
shall govern
2 13 ~qn~enmnn nf ri.lea Any prowmon of these rules not governed by the City
Charter or Code may be temporarily suspended by the affirmatave vote of four members of the
Council The vote on any such suspension shall be taken by yeas or nays and entered mto the
minutes of the Council
2 14 Amendment nf Rule.q These rules may be amended or new rules adopted by the
affirmanve vote of four members of the Council pmxaded that the proposed amendments or new
rules shall have been m~xoduced before the City Council at a prior Council meeting
3 I I~nnneflmernhem
a Dunng Council meetangs Councflmembers shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe
the rules of the Council
b A Councflmembcr once recogmzed shall not be interrupted wlule spenkmg unless
called to order by the Mayor or presiding officer unless a point of order is rinsed by another
member or the parhamentanan or unless the speaker chooses to yield to questions fi,om another
member Ifa Councflmember is called to order wlule he or she is speakmg he or she shall cease
speaking immediately until the question of order is determined If ruled to be in order he or she
shall be permitted to proceed If ruled not to be in order he or she shall remmn silent or shall alter
his or her remarks so as to comply vath rules of the Council
3 2 Admm~sfiralwe Rtaff
a Members of the Admmlstrutive staff and employees of the City shall observe the
same rules or procedure and doc. om applicable to members of the Council and shall have no
voice unless and until recognized by the Chatr
b Wlule the presiding officer shall have the authority to preserve decorum in
meetings as far as staffmernbers and City employees are concerned the City Manager also shall be
responsible for the orderly conduct and decorum of all City employees under his or her d~rection
and control
c The City Manager shall take such disciplinary action as may be necessary to insure
that such decorum is preserved at all times by City employees in Council meetings
PAGE 3
d All ~vmarks and questions addressed to the Council shall be addressed to the
Council as a whole and not to any mdrndual member thereof
e No staff member other than a staff member hawng the floor shall enter mto any
dmeussmn e~ther da'ectly or indirectly w~thout pemussaon of the premdmg officer
33
b
C
d
f
g
h
C~l~mns and other wsltors are welcome to attend all pubhc meetings of the City
Council and will be adrmtted to the Caty Council Chamber or other room m
Much the C~ty Council is meeting up to the fire safety capacity of the room
All meetmg attendees shall conduct themselves w~th propriety and decorum
Conversations between or among audience members should be conducted outside
the meeting room Attendees wdl refrain from excessively loud private
conversations while the Councd is m session
Unauthorized remarks from the audience stamping of the feet applauding
whistles yells and s~mflar demonstrations shall not be permitted
Placards banners or signs will not be permitted ~n the C~ty Council Chamber or
~n any other room m which the C~ty Councd ~s meeting Exhibits d~splays and
vmual rods used ~n connection w~th presentations to the C~ty Council however
are permmed
Audience members may not place their feet on any chmrs ~n the C~ty Council
Chamber or other room m which the C~ty Council is meeting
Only C~ty Council members and C~ty staff may step on to the dans
All people wlslung to address the C~ty Council shall first be reoogmzed by the
presiding officer and shall hrmt their remarks to the matter under dmcussmn
All remarks and questions addressed to the C~ty Council shall be addressed to the
C~ty Council as a whole and not to any md~vldual members
Any person addressing the C~ty Council ~n the C~ty Council Chamber shall do so
from the lectern unless physically unable to do so People addressing the C~ty
Councd shall not be permitted to approach the da~s Ifthey wmh to hand out
papers or other materials to the C~ty Council they should express that desire to
the presiding officer and the City Manager shall d~rect a staff member to hand out
PAGE 4
the materials
When the amc has expared for a presentation to the C~ty Council the preslthng
officer shall chrect the person spealang to cease A second request from the
presiding officer to cease speakang shall be cause of the removal of the speaker ~f
that person continues to speak
k
Eqmpment apparatus or paraphemaha such as camera tripods easels or
wheelchmrs shall not obstruct block or othervase be located m the doorway
entranceway or walkways of the C~ty Councd Chambers or of any other room in
wluch the City Council may choose to meet Representatives of the elcctromc
medm may set up cameras and other equipment only tn the back of the room It ts
penmssible for television camera operators to film for short periods oft~me
(several mmutes) from the en~'anceway to the Ctty Council Chambers usmg hand
held cameras only Any radm station which broadcasts the regular C~ty Council
meetings hve may hook their eqmpment up at the front of the room as long as tt
remains out of s~ght and out of the way
There will be a umformed C~ty of Denton pohce officer present at all regular
meetings of the C~ty Council Th~s pohcc officer shall act m the capacity of a
security officer/sergeant at anus and shall enforce the meeting rules and act upon
the d~rect~on of the presiding officer
m
Any person making personal tmpertlnent profane or slanderous remarks or who
becomes bmsterous wlul¢ addressing the City Council or who otherwise v~olates
any of the above mentioned rules whde attending a City Council meeting shall be
removed from the room at the d~rectton of thc presiding officer and the person
shall be barred from further audience before the City Council dunng that session
of the City Council If the presiding officer finis to act any member of the Ctty
Courted may move to reqmre the offending person s removal and the affirmative
vote of a majority of the City Council shall reqmre the premdlng officer to act
The sergeant at arms if so dtrected by the pres~ding officer or an affirmative vote
of the majority of the City Council shall remove the offending person from the
meeting
3 4 ~ The C~ty Manager m the absence of a designated law enforcement
officer shall act as Sergeant at Arms for the Counml and shall furmsh whatever assistance ts
needed to enforce the rules of decorum here~n established
3 5 ~qentmg Arrangement The C~ty Secretary City Manager and City Attorney shall
occupy the respective seats ~n the Counml Chamber asstgned to them by the Mayor but any two or
more members of thc Councd may exchange seats
PAGE 5
4 1 Regular._M~Ixnga The Council shall meet at six o clock p m on the first and
thxrd Tu~lay of each month w~th executive sessions (closed meetings) of the CoL~nell
commencing at five fif[een o clock p m or at any other t~me set by the Council unless the meeting
postponed or cancelled for vahd reasons All regular meetings of the Council vail be held m the
Mumclpal Bmldm8 at 215 East McKumey Street or at such other location as the City Council may
by moUon resol~on or ordmance from tune to tune designate
4 2 SI~ Special mectmgs may be called by the Mayor the City
Manager orby any three members of the Council The call for a special meeting shall be filed vath
the City Secretary m written form and he or she shall post notice thereof as pmmded by the Texas
Open Meetmsa Act [Chapter 55] TEX GOV T CODE ANN (Vernons 1999 as amended) The
Mayor Clty Manager or three of the council members may designate a location for the special
meeting other than the Mumclpal Bmkhn8 as long as the location is open to the public
4 3 Worknho? Me~etmgs Workshop meetings or work sessions may be called using
the same procedure reqmred for special meetings (See Sec 4 2) The purpose of the workshop
meeting is to discuss or explore matters of interest to the City to meet w~th City Board
Commission or Committee Members City staff or officers of mine orgamzations governing
bodies or mdivaduals specifically inmted to the session by the Mayor Council or City Manager
These meetings are informational and normally no final action shall be taken unless the posted
agenda indicates otherwme Citizens or other interested persons attending the work session ;mil not
be allowe~ to paraclpate in the session unless invited to do so by the Mayor Citizens should be
advised of the nature of the work session and that their input may be received and considered at a
regularly scheduled council meeting where the agenda provides for final action to be taken on the
matter Tho purpose of th~s procedure is to allow the citizens attending the regular meeting the
opportumty ofheanng the views of their fellow cmzens in a more formal sethng Any citizen may
supply th¢~ City Council a written statement or report regardmg the mtizen s optmon on a matter
being dlsoussed m a work session If the Mayor invites citizens to participate m a work session
their participation w~ll cease at the point the Mayor closes the session to pubhc input to allow the
Council to g~ve City staff dtrection as to needed information for the possible future meeting without
distracting comment from the audience
4 4 gmergancy ]MaetlnEn Ill case of emergency or urgent public necessity wbach
shall be expressed m the notice of the meeting an emergency mectmg may be called by the Mayor
the City Manager or by three members of the Council and it shall be sufficient if the notic~ is
posted two hours before the meeting is convened
4 5 CI~ The Council may meet m a closed meeting pursuant to the
requtrements of the Texas Open Meetings Act Chapter 551 TEX GOV T CODE ANN (Vemons
1999) as amended
PAGE 6
4 6 R~ae~LM~ax~ Any meeting of the Counml may be recessed to a later ttme
prowded that no ree~sa shall be for a longer period than until the next regular meeting
4 7 Nntm. nfM.~hnEn The agenda for all meetings mcluthng CotmcH Comn~ttee or
Subeomrmtt~ meetings shall be posted by the C:ty Secretary on the C~ty s official bulletin board
and notme of all me~tmgs shall b~ g~ven by the C~ty Secretary pursuant to the reqmrements of the
Texas Open Meetings Act Chapter 551 TEX Gev T CODE ANN (Vemons 1999 as amended )
5 1 Pre~dmg Officer The Mayor or m the absence of the Mayor the Mayor Pm
Tern shall preside as chamnan or premd~ng officer at all meetings of the CotmcH In the absence
of both the Mayor and Mayor Pro Tern the Council shall elect a temporary presiding officer
(Charter Section 2 03)
5 2 ~ The mentmgs of the Council shall be called to order by the Mayor
or m las or her absence by the Mayor Pro Tem In the absence of both the Mayor and the Mayor
Pm Tern the meeting shall be called to order by the C~ty Secretmy and a temporary premdmg
officer shall be elected as pmwded above
5 3 Pre.nervatmn nt' Order The presiding officer shall preserve order and decorum
and confine members ~n debate to tho quemon under d~scussmn The prest&ng officer shall call
upon the Sergeant at Arms as necessary to enforce comphance w~th the roles contained here~n
5 4 Pnmtg nf Order The pres~rhng officer shall determine all pmnts of order subject
to the night of any member to appeal to the Counml If any appeal ~s taken the question shall be
Shall the decmmn of the presiding officer be sustmned9 If a majority of the members present
vote No ' the mhng of the chmr ~s overruled otberw~se ~t ~s sustained
5 5 cl~. ~monn to he g*a*.~t The presld~ng officer shall state all questions subrmtted
for a vote and announce the result A mil call vote shall be taken upon the request of any member
and upon the passage of all ordinances and resolutions
5 6 ,qulaghhlinOn far Pram&nE t3ffieer The presiding officer may call any other
member to take las or her place ~n the chmr such substitution not to continue beyond adjoumment
57 Call far R~ne~gg The premd~ng officer may call for a recess of up to fifteen (15)
m~nutes at regular intervals of apprommately one hour at appropriate points ~n the meeting agenda
or ~f requested by any two members
PAGE 7
CIRFIER CII~' flll~lN'l~.~ (Section 2 29 of the City Code City Council Procedures
Order of Business ')
6 1 (2 29(a)) Agex~la The order of business of each meeting shall be as contained m the
agenda prepared by the City Manager winch shall be rewewed and approved by an Agenda
Comrmttce composed of the Mayor one other member of the Caty Council selected by the Council
and the C~ty Manager The agenda shall be a listing by topm of subjects to be considered by the
CollnCll V~rlerl Items are removed from the consent agenda end placed on the regular agenda by
members of the Council the removed Items shall be taken up an the order of removal nght after the
consent agunda Placement of atems on the agenda shall be governed by tbas Section and Sectmn
6 3 provided that ifa Couneflmember has an emergency ~tem that the Councflmember bebeves
should be placed on the next regular or specml meeting agenda the placement must be approved by
two members of the Agenda Comnuttec Conduct of busaness at special meetangs and Council
Committees and subenmmmees will hkewase be governed by an agenda and these Rules of Pro
cedure
6 2 (2 29(b)) pl~lge nf ^Il%manes Each agenda shall provide an atem for the recital of the
Pledge of Allegmnee at the regularly scheduled mty council meetmngs Tlus item shall began vath
the recital &the pledge of allegiance for the United States flag and shall follow with a recital of the
pledge of allag~ance for the Texas state flag an accordance w~th artacle 6139 (b) of Vemons
Annotated Texas C~val Statutes
6 3 (2 29(c)) Pmae~tatmnn hy Memhem nfCounefl The agenda shall prowde a tame when
the Mayor or any Councflmember may bnng before the Councal any bnsaness that he or she feels
should be dehberated upon by the Council These matters need not be specffically hsted on the
agenda but daseussmn and formal action on such matters shall be deferred untal a subsequent
Council meetang Any member may suggest an ~tem for dmcussmn at a future work sessmn The
Caty Manager or e~ty staff shall only respond prelunananly on tins stem at the work session If the
City Councal belaeves the ~tem reqmres a more detailed revaew the Council will give the Caty Man
ager or C~ty Staff chractton to place the atem on a future regular meeting agenda and adwse staffas
to the background materials to be desired at such meeting
6 4 (2 29(d)) Pre~entntmn hy
a (2 29(d)0)) ~ Any person who washes to place a subject on the Councal
agenda at regular C~ty Council meetangs shall advise the Caty Managers office &that fact and the
specffied subJeCt matter wtuch he or she demres to place on the agenda no later than 5 00 p m
Wednesday prior to the Councal meetang at Much he or she washes the designated subject to be
considered A tune for such cmzen reports shall be provided on the agenda after the pledge of
allegaanee approval of the minutes and the presentation ofproclamataons Any speaker provadang
a catazen report shall speak for no longer than five (5) manutes on all atems that he or she may bnng
before the Council at each meeting unless the Mayor or the majority of the Council grants an
extensaon of time No cat,zen may fill out a request to speak form or have an opportunaty to
PAGE 8
speak or comment on another citizen s report wtuch is g~ven at the same Council meelang
b (2 29(d){n)) ,qp~k,ng nn Re_radar and Ccmaent Agenda ltemg Any person who v~sbes
to addros~ the Council regarding an item that is on the Council s agenda for a regular or special
meeting ,hall complete a request to speak form asking to speak regardmg the ltean and return it
to the City Secretary before the Council conmders the item The Mayor will call upon the cit~en to
speak for no longer than three (3) minutes as that particular agenda item is conmdered by the City
Council The pmxasions oftlus paragraph do not apply to persons appeanng at a pubhc hearing m
response to an official agenda notme or pubhcatlon The pmmslons oftlus paragraph also do not
apply to workshop meetings and a cl0zen s right to speak and prowde input at those meetings shall
be lmuted and controlled by Section 4 3 Workshop Meetings oftlus ordinance
c (2 29(dXm)) Any person who w~shes to address the Council at a public hesnng shall
complete a request to speak form and return it to the City Secretary before the applicable heanng
The Mayor will call upon the citizen to speak for no longer than five (5) minutes
6 5 (2 29(e)) T~me l,~m~ta Speakers before the Council shall hmlt their remarks to five (5)
minutes or less for pubhc heanng items and citn~en reports Citizens spealang to a non public
heanng agenda item shall limit their presentations to three (3) minutes or less
6 6 (2 29(0) Oral Pr~entatmnn hy Cfly Manager Matters requmng the Council s attention
or action whmh may have developed after the deadline for delivery of the written commmcation to
the Council may be presented orally by the City Manager If formal Council action on a subject is
requn'ed such action may be taken only if the provisions of the Texas Open Meetings Act have
been sai~sfied
6 7 (2 29(g)) Pre. qentatmn nf Pmclm'natmna The agenda may pmmde a time for the
presentat~0n of proclamations The Mayor or presiding officer may dehver and present
proclamalaons upon the request of citizens Proclamations may encompass any activity or theme
except that proclamations with a theme rehggous or partisan in nature shall not be presented
Moreover proclemat~ons shall not be used for any commercial or advemsing purpose
7 CC~N~mFJ~ATlON OF {'}R1}INANCI~,~: RF~N{'}I ,llTICIN~: AND MflTI~N,~
7 1 Pnnted nr ~TsTewntt~n gnrm All ordinances and reeolulaons shall be presented to
the Counml in printed or typewritten form The Council may by proper motion amend any
ordinance or resolution presented to it and direct that the amended orthnance be placed on the next
Council Agenda for adoption
7 2 C~ Attorney to Apprnve All ordinances resolutions and contracts and
amendments thereto shall be approved as to form and legality by the City Attorney or he or she
shall file a written oplmun on the legahty of such ordinance resolution or contract prior to
submission to the Council (Charter Section 6 02)
PAGE 9
7 3 Dmtnhuhon of Onhnane~ and lle~ml.tmn~ The City Manager shall prepare
copies of all proposed ordmances and resohit~ons for dlsmbut]on to all members of the Council at
the meeting at winch the ordinance or resohitmn is introduced or at such earlier amc as is
expe~bent
7 4 Re~ The yeas and nays shall be taken upon the passage of all
ordmaneea and r~olutions and the vote of each member shall be recorded in the rmnutes (Charter
Section 2 06 Co))
7 5 ~ An affirmative vote of four (4) members IS necessary to
repeal any ordinance or take any official action in the name of the City except as otherwme
provided m tho Charter orby the laws of the State of Texas (Charter Section 2 06)
7 5 1 Tm Vote Matters voted on by the City Council which end in a tie vote shall
automatically be placed on each subsequent Council meeting agenda until a full Council is present
7 6 ~ Upon demand of any member the roll shall be called for
yeas and nays upon any question before the Council wqlh lhe exce.ntmn oflhnne c~rcnmatancea act
forth m .qectmn 7.1 ~; The Prewc. m (~. m~t,cm It shall not be in order for members to explmn their
vote dunng the roll call
7 7 Per~nnal Pnwlega The right of a member to address the Council on a question of
personal privilege shall be limited to eases in winch his or her integrity character or motives are
assmled questioned or impugned
7 8 llmaeat~and~mla~ Any member shall have the right to express dissent from or
protest against any ordinance or resohiUon of the Council and have the reason therefore entered
upon the minutes Such dissent or protest may be filed in writing and presented to the Council not
later than tho next regular meeting following the date of passage of the ordinance or resohitmn
objected to
7 9 Vnnn~ Req. mred No member shall be excused from vottng except for lack of
mformaa0n and except on matters revolving the consideration of his or her own officml conduct or
where ins or her personal interests am revolved in accordance w~th Chapter 171 TEX GOV T
CODE ANN (Vernons 1999 as amended) and in these instances he or she shall abstmn Any
member prohibited from voting by personal interest shall announce this at the commencement of
conmdem'aon of the matter and shall not enter into discussion or debate on any such matter and
shall leave the meeting room The member havmg briefly stated the reason for ins or her request
the excus0 flora voting shall be made w~thout debate
PAGE 10
7 I0 C)rd~r nf'Pmc~enc~ nFMnhnn~
a ~e follo~g mo~ons shall have pnon~ m ~e o~ lnd~cat~
1 Adjo~ (wh~ ~qu~ffi~) ~d is not dcba~ble ~d may not be ~d~
2 T~e a ~s (wh~ pn~leg~)
3 ~se a queen ofpn~lege
4 Lay on ~e ruble
5 P~ous queen (2/3 vote ~u~)
6 L~t or ext~d ll~ of debate (~3 vote r~mr~)
7 Po~pone to a ce~ t~me
8 Co~t or refg
9 ~d
10 Postpone mdeflmtely
11 Mare Motion
b The first two motions ar~ not always pnwleged
character ,and be a mare motion if m any way qualified
when other busmass is pendmg
c A motion to adjourn m not m order
To adjourn shall lose ]ts pnvllcge
To take a recess shall be privileged only
I When repeated w~thout intervening buslnass or discussion
2 When made as an interruption of a member while speaking
3 Wlmle a vote m b~nng taken
Only certain motions may be amended as pmwded m the most current ed~Oon of
Roberts Rul~s of Order revised
amended is undebatable
7 1 1 R~nnn, demtmn
A motion to amend shall be undebatable when the question to be
A motion to reconmder any action of the Council can be made
PAGE 11
not later than the next succeeding official meeting of the Council Such a motion can only be made
by a member who voted w~th the prevmllng side It can be seconded by any member In order to
comply w~th the Texas Open Meelmgs Act any Councllmember who wishes to make such a
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the item for reconsideration on the Council agenda No question shall be twice
reconsidered ex.pt by unammous consent of the Council except that action related to any
contract may be reconsidered at any time before the final execution thereof A matter which was
not timely reconsidered m the manner prowded by tins section or was reconsidered but the action
originally taken was not changed by the Council cannot be reintroduced to the Council or placed on
a Council m~tmg agenda for a period of six (6) months unless this rule is suspended as prowded
for in these Rules of Procedure
7 12 The pre~nu~ ~nn When the previous question is moved and seconded it
shall be put as follows Shall the mare question be now put? There shall then be no further
amendment or debate exnep, t that nnth~n~o herein ~hall allnw the. pmwn~m q, emt~nn tn he e. alled punt
tn n len~ nne r~. pnrtumty far eae~h member of the Cnunc~l tn .?e. ak nn the n?m~t~nn hefnre the
Cnnncll Any pending amendments shall be put in their order before the main question If the
motion for the previous question is lost the main question remains before the Council An
affirmative vote of 2/3 of ibc Council shall be required to move the previous question To demand
the previous question is equivalent in effect to moving That debate now cease and the Council
shall lmmechately proceed to vote on the pending motion In practice this is done with the phrase
Call for the question or simply saying Question
7 13 Withdrawal ofMt~ilCm~ A motion may be withdrawn or modified by its movant
without aslang penmsslon until the motion has been stated by the Presiding Officer Iftbe movant
modifies bas or her motion the sccen&ng counodmember m'~y withdraw his or her second After
the question has been stated the movant shall neither withdraw it nor modify it without the consent
of thc Council The subject different from that under consideration shall be admitted under color of
amendment A motion to amend an amendment shall be in order but one to amend an amendment
to an amendment shall not be in order
7 14 .A?.nrn?r~atmne nf Mnney Before formal approval by the Council of motions
providing for epprupnatmn of money mformatlen must be presented to the Council showing
purpose of the appropnatmn In addmon before finally acting on such an appropriation the
Council shall obtain a report fi.om the City Manager as to the avmlabdlty of funds and bas or her
rccommendatmns as to the deslrabthty of the appropriation
7 15 Transfer ~f Appmpnat~n~ At the request of the City Manager at any time
dunng the fiscal year the Council may by resolution transfer an unencumbered balance of an
appropn~on made for the use of one department division or purpose but no transfer shall be
made of revenues or earnings of any non tax supported public utility to any other purpose
PAGE 12
8 C~RI?,ATION OW ~O~IN~[TT~E~; llOARI)~ AND CON~II~ION~
8 1 ~ The Council may as the need arises authorize the
appomlmant of the "ad hoc Council committees Any committee so created shall cease to exist
upon the aocomphshrnent of the special purpose for which it was created or when abolished by a
majority vote of the Council
8 2 ('~lhe~n '~nm'dn: C~c, mml~.mon~: nnd (~nmm~He~,.~ Thc Council may create other
Committees Boards and Comnussiom to aasmt m the conduct of the OlX~ation of the City
governm0nt w~th such duties as the Council may specify not mconsmtent w~th the City Cha~er or
Code M~nber~ps and selection ofm~mbcrs shall be as provided by the Council if not sl~clfied
by the City Charter or Code Any Conumttee Board or Commission so created shall cease to ex~st
upon the accomphshment of the special purpose for winch it was created or when abolished by a
majority of the vote of tho Council No Committee so appointed shall have powers other than
advisory to the Council or to the City Manager except as otherwise spccffied by the Char~er or
Code
a Ind~wdual City Councflmembers making nominations for members to citizen boards and
comnusslons will consider ~nterested persons on a cityw~de basis
b The City Council will make an effort to be inclusive of all segments of the commumty in
the board and commission appointment process City Councdmembers will consider ethmoty
gender soclo economic levels and other factors to ensure a diverse representation of Denton
citizens
c The City Council will take into consideration an ~ndiwdual s qualifications willingness
to serve and apphcat~on information m selecting nominations for membersinp to each board and
commlsslorl
d In an effort to ensure maxnnum mt~zen participation City Councflmembers will
continue the genend practice of nominating new citizens to replace board members who have
served thr~e consecutive full terms on the same board
e Each City Councflmember will be responsible for makang nominations for board and
commission places assigned to him or her wluch may correspond to the City Councflmembers
place Ind~vidual City Councflmembers will make nominations to the full City Council for the
govermng body s approval or disapproval
8 4 Rlflea of Prneednre Board and Comrmsslon members shall comply w~th the
provisions of Aracle III of Chapter 2 of the Code of Ordinances Each Board shall be provided a
copy of these roles of procedure and each advisory board shall adopt roles of procedure govermng
PAGE 13
the operation of~ts board incorporating Sections 2 3 5 and 7 hereof insofar as ~s possible
9 VOT~,m RV, QtTm~,T~
Questions on Much the voting requirement is vaned by the Charter State Statutes and these
roles are hsted below
9 1 Charter and grate Rtnh~tnry Ren2nrementq
a Charter Amendment Rive Vnteg Ordinances subml~ng proposed Charter
amendmlmts must be adopted by a two thirds vote of the Cotmcll (Article XI Section 3 Texas
Const~tutaon and Chapter 9 Texas Local Government Code (Vemons 1999 as amended ) For a
seven member Council flus means five members must vote affirmatively
b l-~v)n, ng Tauten Five Vntea Ordinances prowd~ng for the assessment and collection of
certmn taxes reqmre the approval of two thirds of the members of the Council (Section 302 101
Texas Tax Code) (Vcmons 1999 as amended )
C Chan~ng Pnwng Aa~enament Plant F~ve Vnle.,q Changes in plans for paving
assessment requu'e a two thirds vote of the Council (Section 313 053(e) Transportation Code
Vcrnons 1999 as amended )
d
~han~e.q In 7,nnm~ C)rttmane, o. nr Zoning C~la~mfic. ahon~ In c~ of a ~tten
prot~t of a change ~n a ming re.lateen or zomg cl~sfficabon by the om~ of
~enW (20%) ~m~t or mom e~ther of the ~ea of the lo~ ~ncluded ~n such pm~s~
ch~ge or of the 1o~ ~edmtely adjo~ng the same and extending ~o hun~
feet (2~) ~ffom such mendment shall not b~ome eff~t~ve exert by the
favorable vote oft~ fomhs (3/4) of all m~b~ of the C~W Co.cfi s~x (6) vot~
of ~e C~ty Council ~s r~u~ to ovemde ~e d~s~on of the Pl~mg ~d Zomng
Co~ss~on that a ming ch~ge be demed
Am~dm~t nf Tax Ahat~ent Pnhcy ~e gmdelm~ ~d cntena Mopt~ ~ ~e
C~W s T~ Abetment Pohcy may be minded or r~al~ by a vote of~ee fo~
(3/4) of all mcmb~ of ~e C~ty Co.cfi (S~t~on 312 ~2(c)) Tex~ T~ C~e
~ons 1999 ~ m~d~ )
10 REVI~,R ARII ,ITY CI,AIISE
That if any section subsection paragraph sentence clause phrase or word m tlms
ordinance or application thereof to any person or clmumstances is held mvahd by any court of
competent junsthetion such holding shall not affect the vahd~ty of the remarmng portions of flus
ordinance and the City Council of the C~ty of Denton Texas hereby declares It would have
enacted such remmmng portions despite any such mvahd~ty
PAGE 14
SF_Z2ItID. Ig_Z That Ordinances 74 48 81 35 90 026 90 150 92 115 and 93 073 are
hereby repealed
SF.,(2IIl2/Ig.~ That tins Ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED ttus the / ~5~day of ~Z~ 2001
EULINE BROCK MAYOR
ATTEST
JENNIFER WALTERS CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY CITY ATTORNEY
BY
PAGE 15
AN ORDINANCE AMENDING ORDINANCE 2001 193 TO AMEND SECTION 6 1 OF THE
RULES OF PROCEDURE TO INCREASE THE NUMBER OF COUNCIL APPOINTEES TO
THE AGENDA COMMITTEE TO CORRECT A REFERENCE TO A STATUTE IN
SECTION 4 2 OF THE ORDINANCE PROVIDING A SAVINGS CLAUSE PROVIDING
FOR RETROACTIVE EFFECT AND PROVIDING AN EFFECTIVE DATE
WHEREAS on the first day of May 2001 City Council passed Ordinance No 2001
193 wbach consohdated the various ordinances amending the Council Rules of Procedure
(Rules) into one ordinance and
WHEREAS at their meeting of May 22 2001 the City Council voted to suspend Section
6 1 of the Rules by expanding the number of Council appointees to the Agenda Committee from
one other member of the City Council to two members and appointed Counmlmembers
Burroughs and Redmon to the Committee and
WHEREAS the City Council deems it necessary to amend the Rules to incorporate flus
increase ~n the number of Council appointees to the Agenda Committee and
WHEREAS Section 4 2 of the ordinance inadvertently contained an incorrect reference
to the Texas Open Meetings Act as Chapter 55 ~nstead of Chapter 551 of the Texas Government
Code NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON TEXAS HERFBY ORDAINS
SECTION 1 That Section 6 I of Ordinance 2001 193 Agenda and Sectmn 2 29(a) of
the Code of Ordinances of the City of Denton are hereby amended to read as follows
Section 6 1 (2 29(a)) AGENI;)A The order of business of each meeting
shall be as contained m the agenda prepared by the C~ty Manager which
shall be reviewed and approved by an Agenda Committee composed of
the Mayor up to two other members of the City Council selected by the
Council and the C~ty Manager When ~tems are removed from the
consent agenda and placed on the regular agenda by members of the
Council the removed items shall be taken up in the order of removal right
after the consent agenda Placement of items on the agenda shall be
governed by th~s Section and Section 63 provided that if a
Councflmember has an emergency ~tem that the Councfimember
believes should be placed on the next regular or speeml meeting agenda
the placement must be approved by two members of the Agenda
Committee Conduct of business at special meetings and Council
Committees and subcommittees will likewise be governed by an agenda
and these Rules of Procedure
SECTION 2 That Section 4 2 Specml Meetings of Ordinance 2001 193 is hereby
amended by correcting the statutory ref~u~nce to the Texas Open Meetings Act from Chapter 55
TEX GOV T CODE ANN (Vernon s 1999 as amended) to Chapter 551 TEX GOV T
CODE ANN (Vernon s 1999 as amended)
SI~I'ION 3 That all prewous actions of the City Council to suspend the Rules and
appmnt Couneflmembers Burroughs and Redmon to the Agenda Committee are hereby ratified
and approved
SECTION 4 That save and except as amended hereby the remmnmg paragraphs
sections and clauses of Ordinance 2001 193 shall remmn in full force and effect
SI~CTION 5 That tins ordinance shall become effective ~mmedlately upon ~ts passage
and approval
P^SSED PROVED this the qCdayof 001
EULINE BROCK ~I'AYOR/'
ATTEST
JENNIFER WALTERS CITY SECRETARY
HERBERT L PROUTY CITY ATTORNEY
Please
NAME
ADDR~ ~$
CIW of D~nton
l~lue~ to Speak on an ,d~ndn Irma
B
PHONE
ZIP CODE
... Support , Opposition
do not wish t.o speak on ~ i~em but woul~ like the following comme~
City Council '
Support , OPpositmn
Time lust for public hearing speakers is five minutes and three minutes for l
m cn'culatcd t~
other agenda
W~!~COMBI~to the C~ty of
you at this meeting If you
the forraat outlined below
~o that ever)one who wt~h~
.ton City aUmlLmeetlngl The City Council, ,i pl.e~ ~ ~ve
to add, i,
us will assl s~ the l~ayor mcalltng upon you in a~ on teny msmon
speak ha
o addr~s ; City Cou~il on an agenda item is reques~l to
~ on the c osite side of tim card
2
3
4
Any person wishing ~
omp3et, eo:
Thei~Mayor wtll call
each{on any other age:kla ~tem~
}our nar~l to speak at the appropmte ttrr~toa
o five mu utes each o~ pubhc hearing items and
When addressing the C~uncfl
name and addr~s a~L
Thel Council requests
of decorum Theref~a
in se~s~on a~d from
applause or other fc
discussion ~aa~k yc
i PLF.~SB RBq
r~ please:
expressing
nm of de
for your
~st~p iorward to the ~aker s podt~
rjcouunants ~ ~ Mayor ~ Ci~ Co~
mi aUe~ public ~ts obese app,
e~ ~m priva~ conv~a~o~
yo~ ~ent or dtsat~ut wi~
a~tton ~ will ~low
3~ TO ~B C~Y
tho agenda
~re~ m!~tes
state your
mate ~mlos
s speaker by
cite o/protoN
Requ~t to Spaak on an A~enda Imm
~E
three rmnul ~s for all
NAMt ~
ADDRE~ * , DATE
- PHO~
~ ' , . ZIP COD
AOEND~ ~T~M NUMBER., ,
I will S~ m sUp~n offs ~
~e ~me ]~t for s~:~ ~g ~e public h~n~ ~s five mmu~ ~d
o~or ~a items
~ ~4 i Cf'!
I ~ ~ l~equ~t to, S
mevtmg If y, ,u wl~ m,m~,~r y~
you fc ~kmg ~ t~o to m~5 your
o~omte rode of~is ~
) five minutes
~n ~dm~ing~o
~d ~dr~ss, ~d
~m exp~mg your
de,emOtion ~m wdl
~ ~PL~SE 1
~ ~k on au Agenda Item
,M~flng{ Tho Oty Council m ploa~ ~ h~
~ ngenda {~m pl~ follow ~o romar o~
o h~d dem~ra~y do~nd$ on aouvo~c[ttz
fimhon ~ agonda item pl~ oompl~o
~ t
on tho agenda ~t~ ~ ~o approp~ate
he~ng ~d ~ m~nut~ for all o~
~ ~e Mayor ~d C~ Counoil
publ~ m~tm~ obao~o appr,
, ~nv~aflon~ whHo ~ Council
~ a sp~r by applau~
a h~r ~ dt~u~ion ~k you fo~ ym
Js CA~ Tp ~ C~ SEC~T~
~e you at
tltned b~lo~w
mhlp I
~rm o~n
ate your~n~e
~nate mle~ of
tn s~mn ~d
other fo~s of [
r c~po~flon
CITY of DENtON,
~ ~ Register support for n~l ie~dn~l, Item
6ene~ral lt~'orm~n ~ ~ ~ i
t WELCOIVIE to the Cxty of Denton Cl~lCouncll Me~ ~f~'~etCxty Council
you at th~s meeun8 If you ~wish tO register your sup ~1~o: foi~ ~. ~agenda xtem
~ format ou~hned below Thank you for t/king the ~e o make your
depends on active cmzenship , '
~ ~tem ~butldo
! If you w~sh to resister m sUp~rt ~or a perUSer
the C~ty Council please complete the form on the opp0si~ of flus card
2 Durin~ the appropnato time the iMayor will ~ ~y .comments y.o~
~ opposite side of tbs card and register your support..~wr~me appropn~e
3 The Council requestp that cmzans attending pt~bl ic meetings obse~,e
decorum Therefore please refrain from pnv~al~ ,[co~r~veraat~ons whfi
~ s~sslon and from expressing yo~ agr~emanl or ~ l~s~ ~l/~eeanen~ .with
or other forms of demonstration I Tl*ts~ will t~11o~ everyone~ to near me
you for your coop~rauon ~
I'LW^SI~ IU~TUI~ rI-nSl CAttD TO rl-~, 'CITY ,I~
tO ~l t
on the ', ]
~ Register Opposition to ~n Agenda Item
~ NA~ DA~
, ~D~S PHONE
, C~Y ZIP CODE
AO~DA I~M N~B~
, CO~TS .........
t ;~, ~ ~ PLEASERE~URN THIS
Pubhc Heanng Research
The chart below outhnes the pubhc heanng procedures for the c~tles surveyed
Mml?ip~t~ ~ l~?~t fo ~PzSk Time to Speak No ~enda I~m
Add~son 'No focal pr~ed~e ~o t~me specified at
(14 166 ~p ) R~uest to s~ mayor s d~scret~on
gmn~ at Mayor s
discretion
~len Requost to s~ e~d Spe~ ~ 3 m~nutes C~t~m add.ss
(43 554 PgP ) m ~ss m~cfl to s~ concerns not on me
agenda dunng ~e
mt~n fom at ~e
beg~mng of the
meeting
Arhngton Or.ge c~d for Speaker h~ 3 m~nutes C~t~ns address
(332 969 pop ) agenda ~tem blue to s~ concerns not on ~e
c~d ffnot ~ agen~ ~en~ dunng the
~tem cm~n fomm at the
end of~e meeting
C~oll~fi R~ue~ to ~ ~d P~n~r receives 20 Cm~ns ~dress
(109 576 ~p ) to ad.ss eo~cfl minutes ~l other con.ms not on the
spe~em receive 5 agenda dmng ~e
I mlnBte8 eltl~n fo~ at ~e
~ng of~e
meeting
Dall~ T~e r~ue~s m 3 m~nutes Cm~ns ad.ess
(1 188 580 pop ) s~ ~e flint ~y concerns dmng
after a eounefl pubhc heanngs by
meeting subm~ng thetr name
to speak
Denton Request m sp~ c~d 5 minutes for cm~n Cu~ently there ~s no
(80 537 pop ) for ~tems on ~e mncems ~d pubhc pro~d~ for a cm~n
~enda heanngs 3 m~nutes to address council on
for ~ms con~mg ~ ~m not on ~e
md~wd~l agenda
consldemt~on
F~ers Brach Request to s~ c~d 3 minutes for all Cmzens ~dress
(27 508 ~p ) to add.ss co~cll mques~ to spe~ coneems not on ~e
agenda dunng the
cm~n fo~ at the
~gmnmg of the
meeting
Fort Worfla Three types of cards 3 m~nutes for Citizens address
(534 694 l~op ) (1) request to present individuals l0 concerns not on the
en ~tem to comment nunutes for agenda dunng the
on an ~tem to request representat,ve(s) of cmzen forum at the
a future ~tem (2) lroups of 10 or more end of the meeting
register ~n favor of an present at the meeting
item (3) reSaster m
oppos~laon to an ~tem
Frisco Request to speak card 5 minutes to speak C~tizens address
(33 714 pop ) to address council concerns not on the
agenda during the
c~tizen forum at the
beg~nmng of the
meeting
Garland Request to sl~k card 3 m~nutes to speak ff C~t~zens address
(215 768 pop ) to address council not the requestor of an concerns not on the
~tem agenda ~tem agenda dunng the
requestor ~s not t~med cmzen forum at the
speaker allowed 3 end of the meetmg
m~nutes dunng mt~zen
fomm
Grand Pmme Request to speak card 5 minutes to speak Citizens address
(127 427 pop ) to address council concerns not on the
agenda during the
citizen forum at the
end of the meeting
Grapevine Request to speak card 3 m~nutes to speak Citizens address
(42 059 pop ) to address council concerns not on the
agenda dunng the
citizen forum at the
end of the meeting
Highland Village Request to speak card , 3 minutes to speak Citizens address
(12 173 pop ) to address council concems not on the
agenda dunng the
citizen forum at the
begmmng of the
meeting
Irwng Request to speak card 3 minutes for mt~zen Citizens address
(191 615 pop ) to address council forum 5 minutes for concerns not on the
an agenda ~tem agenda dunng the
cmzen forum at the
end of the meeting
Keller Request to speak card 3 mtnutes Cmzens address
(27 345 pop ) to address council concerns not on the
agenda dunng the
cmzen forum after the
consent agenda and
before new business
Lew~swlh Request to Slx~k card Dtmng a pubhc Cmzens address
(77 737 p,)p ) to address council heanng each stde ~ concerns not on the
gets 10 mmutes for agenda dunng the
presentattons- 5 cmzen forum at the
mtnutes for rebuttal 5 beginning of the
minutes for all other meeting
Population mformatton ts from the 2000 deeenmal Census
AGENDA INFORMATION SHEET
AGENDA DATE November 5 2001
DEPARTMENT City Manager s Office
CM/DCM/ACM Michael A Conduff City Manager
SUBJECT
Receive a report hold a discussion and give staffd~rectmn regarding expenditure of the council
contingency funds
BACKGROUND
As noted m the attached memorandum dated July 27 2001 the Council Contingency Accounts
were estabhshed dunng the 1999/2000 fiscal year budget process The retention was to provide
a funding source for those commumty projects which arose dunng the year but were unforeseen
or not funded m the budget process The Texas Const~tUtlOn does require that expenditures be
for a pubh¢ purpose or mumelpal purpose
Formal gmdelmes or procedures for expenditure of the funds have not been estabhshed The
Legal Depariment has stated that a home role c~ty may adopt any ordinance resolution or policy
not inconsistent wth the constitution the general law or its e~ty charter
PRIOR ACTION/REVIEW (Councilt Boards, Commission)
Council Contingency Accounts were authorized w~th the adoption of the 2001/2002 fiscal year
budget on September 4 2001
FISCAL INFORMATION
A total of $35 000 ($5 000 for each councflmember) is authorized in the current budget
Respectfully submitted
B~tty Wflhams
Director of Management & Public
Attachments
Memorandum Dated 7/27/01
Councflmembers Contingency Report 2000/2001 fiscal year
Councflmembers Contingency Report 2001/2002 fiscal year
ATTACHMENT I
216 E MoKINNEY DENTON TEXAS 76201 (940) 349 8200 FAX (940) 349 8236
MEMORANDUM
TO
FROM
Mayor and Members of the City Councd
Betty Wllhems D~rector of Management & Pubhc Information
DATE July 27 2001
SUBJECT Council Contingency Funds
A Council Contxngency fund was estabhshed as part of the 1999 2000 fiscal year budget As
part of the Manager s Message to the Council d_._ted July 30 1999 (copy attached) City Manager
Jez stated that the proposed budget included $5 000 contingency funding for each C~ty
Councflmember The funding was designed to prowde Council w~th a resource for addmonal
city services or programs that were ~mportant to Councllmembers but were unforeseen and not
m~tmlly funded m the 1999 2000 budget
Dunng the first year of funding Councdmembers used the contingency accounts to fund services
or programs that had been identified as a need but not budgeted Some examples ofexpendltores
recurred m the last fiscal year include b~cycles for alternative transportation two elecmc carts
for the parks department seeds for the wfldflower planting along I 35 benches trees etc A
complete hst of expenditures for the 1999 2000 Council Contingency funds Is attached
The fiscal year 2000 2001 Is only the second year of funding for the Council contingency fund
No gu~dehnas or procedures have bean established for the expenditure of the funds Dottle
Palumbo stated that a home rule city may adopt any ordinance resolution ur policy not
inconsistent w~th the con.tureen the general law or Its ¢~ty charter
The city does not need express le~slat~ve authority to spend pubhc funds for a particular activity
If it has authority under its charter to engage m that activity but the Texas Constltotmn reqmres
that expenditures must be for a public purpose and municipal purpose There ~s no case or
attorney general op~mon that addresses the use of City Council contingency funds The cases and
attorney general opinions focus on the legal requ~'ement that public funds must be spent for a
public purpose
Before authorizing the expenditure the C~ty Counedmember must determine (1) whether a
particular grant of mouey will serve a legitimate mumclpal purpose and (2) whether the city has
placed sufficient controls on the transaction to ensure that the public purpose will be earned out
Dedicated to Quality Service
www cltyofdenton corn
215 E MoKINNEY DENTON TEXAS 76201 (940) 349 8200 FAX (940) 349 8236
OITY MANAIErl OFFIOE
There Is also a prowsion m the Texas Elect~on Code that prohibits the use ofpubhe fimds to take
a position on a proposition m an electron A memo summarizing some of the cases and attorney
general opinions will be m the City Attorney Status report
Pem Rambo-Estlll has an up to date accounting of each of the current contingency funds For
th~s fiscal year some funds were spent prior to the May mtmlclpal election The balance of the
funds is avmlable for your use prior to the end of tins fiscal year on September 30 2001 In
order to track expenditures more accurately we have developed a simple form that will identify
the dascnptlon and use of your contingency funds Para has copies of the request form in her
office and is ready to assist you when you have decided how you want to spend your funds
Please let us know if you have any addmonal questions or concerns regarding the use of the
Cc
Michael A Conduff Clty Manager
Kathy DuBose Assistant City Manager
Peru Rambo Estlll Assistant to the Council
Attachments
Dedicated to Qualtty Serwce
www cttyofdenton corn
4
Manager s Mas.age
July 30 1999
North Central Texas College Is scheduled to move out of ClW Hail East in January 2000 The
issuance of certlficstes of obligation to fund the renovation of the vacated area moving of cr~y
offices and the related renovation of City Hall West are ~ncluded m the capital Improvement
program
F
Accounting - Substantial record keeping and reporting systems are reqmred for managing water
and wsetewater Impact fees and park dedmstion and development funds Each fee requires that
a separate fund be maintained
Currant pronouncements by the Governmental Accounting Standards Board also dmtate
extensive ohanges to governmental financial reporting An accountant posrbon has been included
in the proposed budget to address the increased workload generated by these requirements
Council Contingency - The proposed budget includes contingency funding of 95 000 for each
City Council member The funding may be used to prowde additional mW services or programs
dunng the 1999 2000 fiscal year as needed
H
Vehicles - The 1999 2000 proposed budget ~ncludas funding toward the goal of replacing or
adding vehicles which are high in two of three evaluation criteria A total of 29 vehicles w~ll be
replaced and 8 added
MAJOR I$$UE8 - RECREATION FUND
Due to the growing demand for youth services programming the proposed budget includes funding to
expand existing summer camps Kid a Day Off and family special events The expansion requires the
addition of part time staff at five (5) action centers The additmnal staff w~ll lower the staff to partlmpant
ratio to 1 to 12 and will be funded by registration fees
The concrete shell of the civic center pool is deeply pitted with many layers of pant that can cause
scrapes and cuts to swimmers feet In order to alleviate th~s hazard the Parks Department budget
~ncludse sandblasting and removing the old layers of pant smoothing the surface of the shell and
repaintlng the pool
In addrbon the budget includes funding for various pieces of eqmpmant for the Civic Center and the
Senior Center such as freezers tables tents and chairs used for programs and rentals and replacement
frtness equipment for each recreation center
37
Co~ncllmembera Contlngenoy Report
10/4;00
Beginning Amount
Denton Co CNIdren s Advocacy
Center foyer Mayor MIl~er
Amount Available
(50OO001
Beginning AmoLmt
EladJlo powered uMIIty vehlcte
9 GT Timberline Blcyctam
Amount Available
50OOOO
(1 ~0 OO)
(315o OOl
Beginning Amount
Electdo powered utility vehicle
TV f~' Senior Center
Arno~nt Avellable
5 000 O0
(4 000 00)
(400 00/
Beglnqlng Amount
Marquee
Juna~eenth Celebration
Amqunt Available
5 000 O0
(1 500 00)
(3 500 oo)
Beginning Amount
Wllciflovmr ~eed
TreM for rOOF cemetery
Irrigatlo~ aupplle~ for above treee
Amoul~ Available
5 000 00
(2 180 00)
(407 00)
(433 60)
119~ 50
B~g~llng Amount
Porta~e Evaporative Cooling Symtem
10 6 foot park bermhes
Amount Available
5 000 OO
(3 01 g 00)
(1 ooo
Baglnrllng .adroit
10 6..foo{ park ben,es
Trees for IOOF cemete~/
Electrh3 powmred uffilly vehicle
Amount Available
50OO00
(1 30O 00)
(1 0~3 00)
(2 ~o oo)
67 O0
7/26/015 40 PMcoundlcont
ILl
:ONTINGENCY FUND EXPENDITURE REQUEST
DATE
COUNCILMEMBER
Please Imtml After Your Name
DECSRIPTION AND USE OF ITEM(S) TO BE COVERED
AMOUNT ALLOWED FOR PURCHASE
A*I'rACHMENT 2
Councflmember Contingency Report
10/04/00 Corrected
Begmnm8 Amount
Denton County Chdd Advocacy
Center Former Mayor IV_filer
Year End Balance
5 000 00
(5,000 00)
0 00
Beginning Amount
Electric Powered Utfltty Velucle
9 OM T~mberhne Bicycles
Year End Balance
5 000 00
(1 850 00)
(3,150 00)
0 00
At Lax_ac Mark Burrough~
Begmmng Amount
Elecmc Powered UUhty Vehmle
TV for Semor Center
Year End Balance
5 000 00
(4 600 00)
(400 00)
0 00
Dxstnct 1 Carl Youne
Begmmng Amount
Juneteanth CelebraUon
Year End Balance
5 000 O0
(3~500,00)
1 500 O0
Be~mnnmg Amount
Wfldflower seeds
Trees for IOOF Cemetery
Irrigation supphes for above trees
Year End Balance
5 000 00
(2 160 00)
(407 00)
(439 50)
1 999 50
Dtstnct 3 IVhke Cochran
Be~mnnmg Amount
Portable EvaporaUve Coohng System
10 6 foot park benches
Year End Balance
5 000 00
(3 019 00)
(1,O00 00)
981 00
Dl~tnct 4 Sandy Ktrstoferson
Be~nnmg Amount
10 6 foot park benches
Trees for IOOF Cemetery
Electric Powered UUl~ty Vetucle
Year End B~dance
5 000 00
(~ 300 00)
(1 093 00)
£ ,s4o oo)
67 O0
ATTACHMENT 3
Councdmember Contingency Report
10/29/01
Begnmmg Amount 5 000 00
Stte Furmture for the Denton Square Project (5,000,00)
Year End Balance 0 00
Mayor Pro Tom Beasley
Beg!nn,nE Amount
Sign for SE Denton
Irngatmn and Landscapm8 for the Downtown
Square
Year End Balance
5 000 00
(~ 000 00)
(4,000 oo)
0 O0
At Large Mark Burrough~
Be~nmng Amount
Child Advocacy Center
Low ending landscape eqmpment
Environmentally safe pesticides and weed
control products
Year End Balance
5 000 00
(2 500 00)
(1 500 oo)
(l,OOO oo)
0 O0
District 1 Raymond Kedmon
Beg~m.g Amount
Nlchelson Entertainment Group (Apollo Music
concerts) Carl Young
Mahogany Music Production (Juneteenth)
Moxquee Sign American Legion
Flag Pole Oak Wood Cemetery
Denton Florist (Flowers)
Iv~sc Cards
Map
Year End Balance
5 000 00
(650 00)
(750 00)
(1 403 00)
(2 097 00)
(43 05)
(5 39)
(5
45 68
Beginning Amount
KEACH of Denton
Year End Balance
5 000 00
(5,000 00)
0 00
Begmmng Amount
Texas Hmtoncal Commasmon (Cemetery
Medalhons) Mike Cochran
Child Advocacy Center
Denton Iaastoneal Museum
Year End Balanc~
Dlstnct 4 Perry McNefll
Beginning Amount
Our Daffy Bread
B~g Brothers B~g Smters of Denton
Forestndge Neighborhood Assocmtmn (to
supplement c~ty grant)
Year End Balance
5 000 O0
(3oo oo)
0 5oo oo)
(3,goo oo)
0 O0
5 000 O0
(2 000 00)
(] soo oo)
(1,5oo oo)
o 00
ATTACHMENT 4
Counc~lmember Contmgency Report
10/29/01
Be~mnmng Amount 5 000 00
Chtld Advocacy Center (},000 00)
Amount Av~ulable 4 000 00
Beginning Amount 5 000 00
Amount Avmlable 5 000 00
At Larae Mark Burrouahs
Begmmng Amount 5 000 00
Amount Av~ulable 5 000 00
D~stnct 1 Raymond Redmon
Be~mnrung Amount 5 000 O0
N I C E (for CommUNITY droner) (1,000 00)
Amount Avmlable 4 000 00
Begmmng Amount 5 000 00
Amount Avtulable 5 000 00
Begmmng Amount
Amount Available
Dtsmct 4 Perry_ McNefll
Be~mnnmg Amount
Amount Avmlable
5 000 O0
5 000 O0
5 000 00
5 000 00
AGENDA INFORMATION SHEET
AGENDA DATE
DEPARTMENT
CM/DCI~ACM
SUBJECT
November $ 2001
City Manager s Office
Michael A Conduit C~ty Manager
Hold a discussion and give staff drrect~on ragardmg staff assistance v~th pubhc meetings
BACKGROUND
At the Saptember 4 2001 C~ty Council Mee'~mg Councflmember Redmon requested an f~em be
put on a future agenda to chseuss staff assistance with pubhc meetings
Respectfully submitted
Betty Wllhams
Dtreetor of Management & Pubhc
Information