Minutes August 16, 2005
CITY OF DENTON CITY COUNCIL MINUTES
August 16, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 16,2005 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None.
Mayor Brock stated that if the Council had no objections, the order of the items for the work
session would change. Item #4 would be considered second and Item #2 would be considered
last.
The Council received a report, held a discussion, and gave staff direction regarding the 2005-06
Budget and the 2005-2010 Capital Improvement Program.
Mike Conduff, City Manager, stated that staff did not have any additional information for the
Council. The Council could ask questions of staff if they had any.
Council Member McNeill reminded the City Manager that he had requested training and travel
numbers from him.
Staff responded to requests for clarification of consent agenda items listed on the consent agenda
for today's City Council regular meeting of August 16,2005.
3. The Council received a report, held a discussion and gave staff direction on the
annexation of approximately 6,200 acres of land in the northeastern area of the City of Denton's
extraterritorial jurisdiction located within Survey Abstracts: 140, 221, 265, 291, 306, 328, 329,
417, 628, 729, 739, 754, 790, 792, 804, 990, 1144, 1228, 1238, 1253, 1322, 1331, 1418, 1447,
and 1640. The property was generally described as commencing near the intersection of U.S.
Highway 380 and the Elm Fork of the Trinity River, extending northward, adjacent to the present
Denton city limit boundaries established by annexation ordinances 74-36,84-25,85-197,88-025,
88-046, and 89-052, and included the City of Denton Ray Roberts Water Treatment Plant tract,
and extending west thereof to include a 1898.19 acre tract owned by JNC Partners Denton LLC
as evidenced by deed recorded under Clerk's File Number 04-51648 in the Real Property
Records of Denton County, Texas, and to include any other property that may be required to
satisfy any requirements under Chapter 43 of the Local Government Code.
The Council convened into closed session at 4:40 p.m. for legal consultation regarding this item.
The Council reconvened into open session at 5:50 p.m.
In open session, the Council directed staff to initiate the process to annex properties in the
northeastern ETJ generally along Sherman Drive up toward Lake Ray Roberts and to explore
other possible routes.
2. The Council received a report, held a discussion and gave staff direction regarding the
implementation of Bioreactor Technology at the City of Denton Landfill.
City of Denton City Council Minutes
August 16, 2005
Page 2
Vance Kemler, Director of Solid Waste, stated that a bioreactor landfill operated to rapidly
transform and degrade organic waste. The benefits from operating a landfill utilizing bioreactor
technology included increased landfill disposal capacity, a shorter period of post-closure
maintenance due to faster bio-stabilization, increased gas production for beneficial use, lower
leachate treatment costs, and increased site life.
Kemler presented a budget comparison of a traditional landfill and a bioreactor landfill. The
bioreactor landfill had approximately $93,600 more in revenues per year. O&M Expenses were
approximately $36,650 more than the traditional landfill. Total expenses were $8,675 more per
year for the bioreactor landfill. Net income was an increase of $84,925 for the bioreactor
landfill.
Consensus of the Council was to implement the landfill bioreactor technology.
Regular Meeting of the City of Denton City Council on Tuesday, August 16, 2005 at 6:30 p.m.
in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/awards presented at this meeting.
B. August Yard-of-the-Month Awards
Mayor Brock presented Yard of the Month awards to:
Joe and Marie Scott
Jeff and Amy Cameron
Mr. and Mrs. Black
Becky Smith
Roberta L. Rivers
Leslie and Eric Ligon
Denton Heart Group - Water Smart
Wells Fargo Denton North - Business
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council and audience.
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August 16, 2005
Page 3
3. CONSENT AGENDA
McNeill motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
A. Approved the minutes of:
July 18, 2005
July 19,2005
July 26, 2005
August 1,2005
August 2, 2005
B. 2005-212 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of street light poles for Denton Municipal Electric;
providing for the expenditure of funds therefore; and providing an effective date
(Bid 3358- Three Year Agreement for Purchase of 35 Ft. Long White Concrete
Street Light Poles with Tapered Aluminum Single Arm Brackets to the lowest
responsible bidder for each item, Lonestar Prestress Manufacturing Inc., in the
annual estimated amount of $25,000). The Public Utilities Board recommended
approval (5-0).
C. 2005-213 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of precast octagonal manholes for Denton Municipal
Electric; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3359 - Three Year Agreement for Purchase of Precast
Concrete Octagonal Manholes to the lowest responsible bidder for each item,
Hughes Supply, in the annual estimated amount of $30,000). The Public Utilities
Board recommended approval (5-0).
D. 2005-214 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of polymer concrete pull boxes for Denton Municipal
Electric; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3360 - Three Year Agreement for Purchase of Polymer
Concrete Pull Boxes to the lowest responsible bidder for each item, Techline Inc.,
in the annual estimated amount of $43,000). The Public Utilities Board
recommended approval (5-0).
E. 2005-215 - An ordinance authorizing the City Manager to execute change order
one to the Professional Services Contract between the City of Denton and Arthur
Surveying Co., Inc.; dated September 21, 2004; providing for the expenditure of
funds therefor; and providing an effective date (Ordinance No. 2004-278; PSA
3219 - Indefinite Delivery Surveying Services awarded to Arthur Surveying Co.,
Inc. in the amount of$150,000, Change Order One in the amount of $75,000 for a
total amount of $225,000).
F. 2005-216 - An ordinance approving the expenditure of funds for the purchase of
six ISCO Model 6712 Portable Water Samplers for the Denton Water/Wastewater
City of Denton City Council Minutes
August 16, 2005
Page 4
Department available from only one source in accordance with the provision for
state law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3369 - Purchase of Automatic Water Samplers
awarded to Teledyne Isco Inc. in the amount of $40,230). The Public Utilities
Board recommended approval (5-0).
G. 2005-217 - An ordinance of the City of Denton, Texas, amending Ordinance No.
99-289 by setting the Municipal Court Technology Fee at $4.00; providing for the
assessment and collection of a Municipal Court Technology Fee; providing for a
repealer; providing for a severability clause; and providing for an effective date.
H. 2005-218 - An ordinance of the City of Denton, Texas approving a second Lease
Estoppel between the City of Denton, Jet Works Aviation, Inc. and Greater East
Texas Certified Development Corporation, and providing an effective date. The
Airport Advisory Board recommended approval (4-0).
I. 2005-219 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Southridge Recreation Club for the
enhancement and beautification of the fence line around the swimming pool;
providing for the expenditure of funds therefore; and providing for an effective
date.
J. 2005-220 - An ordinance of the City of Denton, Texas, authorizing the Mayor to
execute an Interlocal Cooperation Agreement by and between the City of Denton,
Texas and Denton County, Texas for the Lease and Implementation of a Wide
Area Dark Fiber Network; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
( 5-0).
K. 2005-221 - An ordinance approving a personal and professional consulting
services agreement between the City of Denton and Kathy DuBose; authorizing
the expenditure of funds; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance approving a
zoning change from the Neighborhood Residential 3 (NR-3) zoning district to the Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation for
approximately 0.426 acres of land located on the south side of Egan Street and the east side of
Carroll Boulevard. The Planning and Zoning Commission recommended approval (5-0). (205-
0012, Carroll Blvd and Egan Street)
Kelly Carpenter, Director of Planning and Development, stated that the request was to rezone the
property to NRMU-12. The proposed zoning change was in compliance with the Denton Plan.
One letter of opposition from property owners within 200 feet of the property had been received.
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August 16, 2005
Page 5
The Mayor stated that some of these mixed-use designations had been a concern - that Council
expected one thing and got another and asked if there was any guarantee with the zoning change
that this would not be an apartment building.
Carpenter replied no, there was no guarantee. The applicant did not come in with an overlay and
the City did not require one.
Council Member Mulroy asked if there was another zoning category that would accomplish the
same live/work unit concept.
Carpenter replied there was not.
Council Member Thomson asked if this would require an SUP.
Carpenter stated that it would require an SUP.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Jerald Yensan, Landmark Surveyors, 4238 1-35 North- spoke in support
William Brown, 2719 Crestwood - spoke in support
Mulroy reminded the Council that the applicant's letter stated the intent was to build an
architect's office with the appearance of a single-family residence, two-story stucco, with a
possible living unit on the second floor.
The Council asked the applicant if he was agreeable to amending his application to include an
overlay district to restrict the use to one building with office use on the first floor and one
dwelling unit on the second floor.
The applicant agreed to that change.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-222
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 3 (NR-3)
ZONING DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12
(NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 0.426 ACRE OF LAND
LOCATED ON THE SOUTH SIDE OF EGAN STREET AND THE EAST SIDE OF
CARROLL BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING PART OF LOTS 5 AND 7 OF THE BARB'S ADDITION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z05-0012)
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August 16, 2005
Page 6
Thomson motioned, Mulroy seconded to adopt the ordinance approving the NRMU -12 zoning
with an overlay district that only allowed one building with a live/work unit. On roll vote,
Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye"
and Mayor Brock "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance amending
portions of Subchapter 16 (Subdivisions) and Subchapter 22 (Gas Well Drilling and Production)
of the Denton Development Code; providing for a penalty clause with a maximum fine of
$2000.00 per day for a violation thereof; a severability clause; and an effective date. The
Planning and Zoning Commission recommended approval (5-0). (DCA05-0006)
Tim Fisher, Assistant Director of Water Utilities, stated that this was a modification to the road
damage assessment repair agreement for gas well drilling and development.
The Council had no questions for staff regarding this item.
The Mayor opened the public hearing.
No one spoke during the public hearing
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-223
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 16 (SUBDIVISIONS) AND SUBCHAPTER 22 (GAS WELL
DRILLING AND PRODUCTION) OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00
PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. (DCA05-0006)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance amending
portions of Subchapter 5 (Zoning Districts and Limitations), Subchapter 13 (Site Design
Standards), Subchapter 14 (Parking Standards) and Subchapter 23 (Definitions) of the Denton
Development Code; providing for a penalty clause with a maximum fine of $2000 per day for a
violation thereof; a severability clause; and an effective date. These amendments to the Denton
Development Code primarily affected multi-family development. The Planning and Zoning
recommended approval (5-1). (DCA05-0005)
Kelly Carpenter, Director of Planning and Development, stated that this project for improving
zoning limitations on multi-family development, increasing the design standards, improving the
parking standards and clarifying definitions relating to multi-family development had been
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August 16, 2005
Page 7
discussed at nine public meetings. The amendments to the multi-family land use regulations and
limitations were permitted with a Specific Use Permit, or as part of a mixed-use development, or
as part of an existing master plan development, or if the development received zoning approval
allowing multi-family use within one year prior to the effective date of the ordinance; or if
allowed by a City Council-approved neighborhood (small area) plan.
The Planning and Zoning Commission recommended approval of the ordinance with
amendments pertaining to definitions, residential slope proximity, and a title change to one
section (Subchapter 13.13).
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bobby Morris, 700 Magnolia - decided not to speak
Steve McNeill, 2303 Bradwood Court - spoke in opposition
Eddie Lane, 111 W. McKinney - spoke in opposition
Rick Baria, 5138 Edwards Road - spoke in opposition
Roland Vela, 729 Ridgecrest - spoke in opposition
Steve Stone, 6323 Freeman Road, Krum - spoke in opposition
Comment cards were received from the following individuals:
Kathy Orr, 625 Londonderry - opposition
Virginia McNeill, 432 Fulton - opposition
Pam Grimes, 1829 Northlake Trail- opposition
Mary Morris, 700 Magnolia - opposition
Robert Morris, 918 Anderson - opposition
Bill Morris, 1016 Ector - opposition
Myra Oliver, 111 W. McKinney - opposition
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-224
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 5 (ZONING DISTRICTS AND LIMITATIONS), SUBCHAPTER
13 (SITE DESIGN STANDARDS), SUBCHAPTER 14 (PARKING STANDARDS)
AND SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT
CODE; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM FINE OF
$2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE. (DCA05-0005)
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "nay" and Mayor Brock
"aye". Motion carried (6-1).
City of Denton City Council Minutes
August 16, 2005
Page 8
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas placing a proposal on the September 20, 2005, City Council Public Meeting
Agenda to adopt a 2005 tax rate that will exceed the lower of the rollback rate or effective tax
rate; calling two public hearings on a tax increase to be held on September 6, 2005, and
September 13, 2005; requiring publication of a Notice of Public Hearings on Tax Increase in
accordance with the law; and providing an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that a requirement of the Tax Code was that
when a proposed rate exceeded the lower of the rollback rate or the effective rate, the taxing
unit's governing body must vote to place a proposal to adopt the tax rate on the agenda of a
future meeting as an action item. If the proposed rate exceeded the effective tax rate, two public
hearings were also required.
The following resolution was considered:
NO. R2005-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PLACING A PROPOSAL ON THE SEPTEMBER 20, 2005, CITY COUNCIL PUBLIC
MEETING AGENDA TO ADOPT A 2005 TAX RATE THAT WILL EXCEED THE
LOWER OF THE ROLLBACK RATE OR EFFECTIVE TAX RATE; CALLING TWO
PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 6,
2005, AND SEPTEMBER 13, 2005; REQUIRING PUBLICATION OF A NOTICE OF
PUBLIC HEARINGS ON TAX INCREASE IN ACCORDANCE WITH THE LAW;
AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Heggins seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
finding, after reasonable notice, that certain rate case expenses of CoServ Gas Ltd. are
reasonable; providing for recovery of rate case expenses; providing for repeal of conflicting
ordinances; and proving for an effective date.
Herb Prouty, Consulting Assistant City Attorney, stated that this ordinance would allow rate case
expenses in accordance with the settlement agreed to by the Coalition of Cities and would settle
the rate case expense issues with CoServ.
The following ordinance was considered:
NO. 2005-225
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FINDING, AFTER
REASONABLE NOTICE, THAT CERTAIN RATE CASE EXPENSES OF COSERV
GAS LTD. ARE REASONABLE; PROVIDING FOR RECOVERY OF RATE CASE
EXPENSES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 16, 2005
Page 9
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. The Council considered approval of a resolution of the City of Denton, Texas,
authorizing participation in a coalition to take positions before regulatory agencies and courts
related to Texas low emission diesel fuel rules (30 TAC Chapter 114); authorizing City and
coalition participation in the TX LED Coalition; authorizing employment of legal counsel,
authorizing contribution toward legal fees and coalition expenses; and providing an effective
date.
Vance Kemler, Director of Solid Waste, stated the TCEQ was considering air quality rules for
diesel fuel under the Texas Low Emissions Diesel (TX LED) fuel rule. This could adversely
impact the City of Denton in a number of ways including its utilization of biodiesel fuel and its
biodiesel program, cost and supply of fuel, distribution, engine performance, and enforcement.
A Coalition of Cities Air Group (CCAG) had been formed which would actively participate in
the development and implementation of the TCEQ rules relating to TX LED fuel. Staff felt that
the City's participation in the coalition would be the most effective way to have the City's
concerns voiced.
The following resolution was considered:
NO. R2005-030
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING
PARTICIPATION IN A COALITION TO TAKE POSITIONS BEFORE
REGULATORY AGENCIES AND COURTS RELATED TO TEXAS LOW EMISSION
DIESEL FUEL RULES (30 TAC CHAPTER 114); AUTHORIZING CITY AND
COALITION PARTICIPATION IN THE TX LED COALITION; AUTHORIZING
EMPLOYMENT OF LEGAL COUNSEL, AUTHORIZING CONTRIBUTION
TOWARD LEGAL FEES AND COALITION EXPENSES; AND PROVIDING AN
EFFECTIVE DATE.
Montgomery motioned, Thomson seconded to approve the resolution. On roll vote, Heggins
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance on first reading to involuntarily
annex approximately 244 acres into to the corporate city limits of the City of Denton, Texas.
The property is generally located south of Mingo Road and both sides of Collins Road in the
eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ) NOTE: A
SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. (A05-0001, Ash Grove
Cement Distribution Center)
Kelly Carpenter, Director of Planning and Development, stated that the Council had held two
public hearings regarding the annexation, and a neighborhood meeting was held on July 25. She
stated that the Planning and Zoning Commission would hold a public hearing on August 24 and
would consider making a recommendation to the Council whether to annex the property and also
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August 16, 2005
Page 10
a zoning recommendation. As an outcome of the meeting on July 25, Denton County
Commissioner Cynthia White had sent out a survey to residents that she perceived would be
affected by the annexation and potential closure of the railroad crossing at Mingo and Collins.
Commissioner White expected responses to the survey by the end of the month, which would
leave the month of September for further discussions.
The following individuals spoke regarding the item:
Kevin Bradshaw, 2052 Collins Denton, 76208 - in favor of the compromise
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATEL Y 244 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED IN THE EASTERN SECTION OF THE
CITY OF DENTON EXTRATERRITORIAL JURISDICTION; GENERALL Y
LOCATED SOUTH OF MINGO ROAD AND BOTH SIDES OF COLLINS ROAD;
BEING LOCATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417
AND THE T. LIVING SURVEY, ABSTRACT NUMBER 729, DENTON COUNTY,
TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE. (A05-0001)
Kamp motioned, Heggins seconded to adopt the ordinance on first reading with the
understanding that we were still going forward with the compromise with Denton County. On
roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
E. The Council considered the announcement of Council Members Joe Mulroy and
Jack Thomson's conflict of interest in the Emergency Shelter Grant Program ("ESGP"). Due to
their respective service on an advisory committee of the Salvation Army and HOPE, Inc., both
potential contract recipients of ESGP funds in accordance with the requirements of 24 CFR
576.57(d) and considered and took action to authorize the City staff to initiate the process of
submitting an application to HUD through the Texas Department of Housing for Community
Affairs for an exception to the conflict.
Herb Prouty, Consulting Assistant City Attorney, stated that as a result of the HUD Office of
Counsel ruling that because of Council Member Mulroy and Council Member Thomson's
service on the council and also service as volunteers on two non-profit corporations and the fact
that those corporations could receive Emergency Shelter Grant Funds that they had a technical
conflict of interest. In order to prevent any adverse impact on our ability to obtain emergency
shelter grant funds, we must obtain an exception from the HUD conflict of interest regulations
and that required that Council Members Mulroy and Thomson read into the record a statement of
the conflict of interest which had been approved by the HUD Office of Counsel. The Council
could then authorize City staff to apply for the exception.
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August 16, 2005
Page 11
Council Member Thomson stated: "The City of Denton is in the process of applying for
Emergency Shelter Grant Program ("ESGP") funds from the Texas Department of Housing and
Community Affairs, which administers HUD's state ESGP funds in Texas. I, Jack Thomson,
want to make it known that since becoming a City Council Member, I have served on the Board
of HOPE, Inc. as a non-compensated board member. HOPE, Inc. has in the past or may in the
future receive ESGP funds or is a contractor or subcontractor for the ESGP funds administered
by the City of Denton. HUD has made a preliminary determination that this creates a conflict of
interest under 24 CFR 576.57(d). Although I will abstain from any participation in any vote
concerning the grant of ESGP funds, HUD has determined that I am still in a position to gain
information with regard to ESGP activities and that the City should request an exception from
this conflict to HUD through the Texas Department of Housing and Community Affairs the
recipient of ESGP funds. One of the special requirements for an exception to this conflict is that
the conflict be publicly disclosed in accordance with 24 CFR 570.611(d)(I). In order to meet
this public disclosure requirement, I, Jack Thomson, am hereby making this public disclosure as
part of the City's request for an exception from these conflict of interest provisions. I request
that the City Secretary record this statement in the minutes of this meeting."
Council Member Mulroy stated: "The City of Denton is in the process of applying for
Emergency Shelter Grant Program ("ESGP") funds from the Texas Department of Housing and
Community Affairs, which administers HUD's state ESGP funds in Texas. I, Joe Mulroy, want
to make it known that since becoming a City Council Member, I have served on the Advisory
Council of the Salvation Army, as a non-compensated board member. The Salvation Army has
in the past or may in the future receive ESGP funds or is a contractor or subcontractor for the
ESGP funds administered by the City of Denton. HUD has made a preliminary determination
that this creates a conflict of interest under 24 CFR 576.57( d). Although I will abstain from any
participation in any vote concerning the grant of ESGP funds, HUD has determined that I am
still in a position to gain information with regard to ESGP activities and that the City should
request an exception from this conflict to HUD through the Texas Department of Housing and
Community Affairs the recipient of ESGP funds. One of the special requirements for an
exception to this conflict is that the conflict be publicly disclosed in accordance with 24 CFR
570.611(d)(I). In order to meet this public disclosure requirement, I, Joe Mulroy, am hereby
making this public disclosure as part of the City's request for an exception from these conflict of
interest provisions. I request that the City Secretary record this statement in the minutes of this
meeting."
Kamp motioned, McNeill seconded to authorize city staff to initiate the process of submitting an
application to HUD through the Texas Department of Housing and Community Affairs for an
exception. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Heggins "aye", and
Mayor Brock "aye". Mulroy and Thomson abstained. Motion carried unanimously.
F. The Council considered adoption of an ordinance of the City of Denton, Texas,
providing for the creation of a juvenile case manager fund pursuant to Article 102.0174 of the
Code of Criminal Procedure; providing for a repealer; providing for a severability clause; and
providing for an effective date.
Tom Josey, Municipal Court Administrator, stated that a new law effective September 1, 2005
would allow Municipal Courts to collect $5.00 on each conviction of fine-only misdemeanor
offenses and the funds collected could be used for juvenile case handling. Some of the programs
had previously been supported by grant funds that were no longer available. This would allow
support for the Teen Court Program.
City of Denton City Council Minutes
August 16, 2005
Page 12
The following ordinance was considered:
NO. 2005-226
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CREATION OF A JUVENILE CASE MANAGER FUND PURSUANT TO ARTICLE
102.0174 OF THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
G. The Council continued consideration from the July 26,2005 City Council meeting
for the adoption of an ordinance authorizing subsurface use of an approximate 0.081 acre portion
of the Denton Branch Rail Trail near Mile Post 724.8 for the purpose of a wastewater and
stormwater sewer consistent with Chapter 26 of the Texas Parks and Wildlife Code; and
providing an effective date. The Parks, Recreation and Beautification Board recommended
approval (5-0).
Janet Fitzgerald, Director of Parks and Recreation, stated that the City had been asked to
consider using a portion of the Denton Branch Rail-Trail for a storm water and wastewater line.
The proposal was to grant the use of approximately .081 acres to provide the ability to facilitate
Phase 2 of Providence Place Apartments.
A comment card was received from the following individual:
Robert Donnelly, 3900 Quail Creek - opposition
The following ordinance was considered:
NO. 2005-227
AN ORDINANCE AUTHORIZING SUBSURFACE USE OF AN APPROXIMATE
0.081 ACRE PORTION OF THE DENTON BRANCH RAIL TRAIL NEAR MILE
POST 724.8 FOR THE PURPOSE OF A WASTEWATER AND STORMWATER
SEWER, CONSISTENT WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
H. The Council considered nominations/appointments to the City's Boards and
Commissions.
Council Member Kamp nominated Gabriel J. Daley to the Traffic Safety Commission.
City of Denton City Council Minutes
August 16, 2005
Page 13
I. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth stated that he did not feel it was right for the City to require him to pay for his
child to go to Eureka Park where he felt there was a danger to his child from the CCA being
released there, had requested a refund, and had not received it. He also expressed his concern
that there were no African American firefighters employed with the City.
B. Bob Clifton regarding city business.
Mr. Clifton stated that Mr. Hudspeth needed to talk to the Justice Department Civil Rights and
Equal Opportunity Division. He asked how much money using trash carts would really save. He
asked what provisions had been made for the disabled, elderly, and others that could not roll the
carts into the street. He stated that a stoplight was needed at Prairie and S. Locust. The speed
limit needed to be changed to 30 mph on Colorado from Loop 288 to State School Road, and 40
mph on Spencer from Loop 288 to Colorado. The Water Park costs too much to operate and too
much to get in. He stated that we had two state senators and state representatives for Denton that
were not making things happen in Denton. He stated that the Council needed to check out
UNT's plan for expansion. He felt that the City violated both the spirit and the letter of the city
charter. The electric utility was a separate entity. The City violated the charter by discounting
UNT and TWU twenty percent as state law required. He also stated that there needed to be a
reduction of $3,000,000 in salaries on the budget this year.
C. Dessie Goodson regarding responsibility.
Ms. Goodson was not present.
D. Sherri Gideon regarding funding cuts for social services.
Ms. Gideon stated she represented CASA of Denton County. She stated they had requested
funding from the City of Lewisville, Town of Flower Mound, City of Carro II ton, City of Denton,
and Denton County.
E. Denise Roberts regarding funding cuts for social services.
Ms. Roberts stated her opposition on behalf of CASA of reduction in funding. She stated that
39% of the caseload came from Denton, 23% was from Lewisville. However, Lewisville was
providing 33% more of the funding than Denton.
J. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
There were no items of New Business suggested by Council for future agendas.
City of Denton City Council Minutes
August 16, 2005
Page 14
K. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
L. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
M. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:04 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS