Minutes March 1, 2005
CITY OF DENTON CITY COUNCIL MINUTES
March 1, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Tuesday, March 1, 2005 at 4:00 p.m in the Council Work Session Room at
.
City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
and Thomson.
ABSENT: Council Member Mulroy and Redmon
1. The Council received a report, held a discussion and gave staff direction concerning
regulating extended stay hotel/motel facilities.
Kelly Carpenter, Director of Planning and Development Services, stated that extended stay and
hotel/motel facilities involved land use regulations and taxation issues. The Land Development
Code had a definition for an extended stay facility but did not regulate it. If it were regulated
from the standpoint of the Building Code, such a facility would be treated as an apartment with
less stringent regulations. Council could amend the Development Code for a more specific
definition of an extended stay facility. A formula with a ratio of extended stay rooms with non-
extended stay rooms could also be considered or a special use permit for extended stay facilities
could be required. A consideration of options would be the limited amount of personnel
available to monitor such a facility. This was a basic taxation issue with state law indicating that
if an individual stayed more than 30 consecutive days in a hotel/motel, he would no longer pay
the occupancy tax. It was estimated that the city lost about $35,000 a year from lost revenue.
Council discussion included:
Future building of such a facility could regulate the number of extended stay
rooms.
Caution needed to be exercised on the type of facility that might be excluded if
the number of extended stay rooms was regulated.
If proper regulation could not be ensured, then consider not having developments
of a specific type with all extended stay rooms.
Regulations might include an on-site manager and a minimum number of
extended stay rooms.
The enforcement issue associated with instituting regulations would need to be
addressed.
Consider regulations for new construction only.
Consensus of the Council-was to develop an outline of proposed regulations such as an
appropriate ratio of room types, how to enforce those regulations, new development regulations,
look further into communities that had such regulations and what their enforcement problems
entailed. Further discussion would follow once staff had researched this information.
2. The Council received a report, held a discussion, and gave staff direction on: 1) the
City's annexation policies, process and plan; 2) release of extra-territorial jurisdiction (ETJ) and
certificate of convenience and necessity (CCN) boundary; and 3) extension of utilities in the
ETJ.
City of Denton City Council Minutes
March 1, 2005
Page 2
Kelly Carpenter, Director of Planning and Development, and Jim Coulter, Director of
Water/Wastewater, reviewed the current regulations for annexation as found in the Denton
Development Plan. Options for a cleaner annexation policy were to review and update the
current annexation policies and procedures found in Chapter 34 of the Code; develop an
annexation policy with more specific and objective criteria decisions for annexation; develop an
annexation program that clearly identified annexations over a set period of time; or make no
changes at this time. The City was currently not pursuing the annexation of gas wells as staff felt
from general Council discussion that they had received direction to not annex at this time.
Discussion relative to gas wells included:
One reason to annex gas wells would be for the revenue but not be become
dependent on the gas revenue for budget purposes.
Other reasons to annex gas wells would be for health and safety benefits due to
the City?s more strict regulations and environmental regulations required by the
City.
The downside to annexation was that it could not be done in a ?donut?
configuration. Property would have to be annexed up to the point of the well and
then services would have to be provided.
Consensus of the Council was to place gas wells as a part of the consideration of the overall
annexation strategy.
Coulter reviewed the Krum CCN and ETJ issues. Denton and Krum?s City Council approved a
boundary adjustment agreement in 2001 that established legal clearance for recent Krum
annexations that had encroached into Denton?s existing ETJ and also established the existing
ETJ boundaries between the two cities as the future city limit line for Krum. It did not, however,
deal with the issue of water and wastewater CCNs. Krum had asserted that it had legal authority
to provide retail water and wastewater service within its city limits. However, the Texas law
governing retail water and wastewater service allowed cities to provide service within their
corporate city limits without a CCN provided they were not within the CCN of another retail
utility. Krum has informally requested an ETJ boundary adjustment to eliminate splitting large
undeveloped tracts of land. This proposal would result in a net reduction to Denton?s ETJ of 176
acres. A developer in the area had requested that Denton release 8 acres of land located within
Denton?s ETJ in order to have the entire development in Krum?s ETJ. That would allow Krum
to annex the entire tract and execute a Transfer of Sale Merger for Denton?s water and
wastewater CCN. Staff was recommending to release Denton?s water and wastewater CCN
within the existing or modified ETJ/city limit boundary agreement and to modify the existing
ETJ boundary agreement to avoid the splitting of large tracts of land between the two municipal
jurisdictions.
Council discussion included:
What would be the financial implication of giving up the CCN?
Did Denton really want to give up that area so close to the proposed extension of
the Loop?
What would be the gain if Denton kept the property and did not change ETJ?
City of Denton City Council Minutes
March 1, 2005
Page 3
Consensus of the Council was to move the 8 acres as requested by the Aspen Park Subdivision
for the CCN and ETJ and to take a further look at the rest of the acreage in terms of CCN and
ETJ.
Coulter presented information regarding the possible annexation of property on Corbin Road and
why it was not annexed. Initially, the property owner was going to build a temporary batch plant
on the site. Annexation was not pursued; as the use for the property would have already been
established by the time any annexation would have been completed.
After discussion, consensus of the Council was to look at annexation of the area.
Coulter reviewed the Ponder ETJ release issue. Ponder had submitted two resolutions requesting
the release of Denton?s ETJ. The resolutions were submitted at the request of residents of Old
Stoney Estates and Holiday Ranchettes located north of Ponder. Staff indicated that based on an
assessment of all city departments that would be impacted by the release, the request would not
have any great effect on Denton?s long-range planning for growth. The Water/Wastewater
Department indicated that Denton?s ETJ extended further west of Old Stoney Road to George
Owens road. If the ETJ in this area were annexed into Denton?s corporate limits, the release of
the proposed ETJ to Ponder would leave a gap within the future wastewater service area of
Denton and result in inefficient use of resources to provide wastewater service because of
geographic incontinuity.
Discussion by Council included:
Problems would occur with wastewater service if the area were released due to a
gap in the service.
This area was currently a long distance from the city limits.
The current homes had wells and septic tanks.
Why would the City want to do this?
Consensus of the Council was to not to move forward with the release.
3. Staff responded to requests for clarification of consent agenda items listed on the Consent
Agenda for the meeting of March 1, 2005.
Following the completion of the Work Session, Council convened in a Closed Meeting and
discussed the following:
1. The Council considered the following in Closed Meeting:
A. Deliberations regarding economic development negotiations ? Under TEXAS
GOVERNMENT CODE Section 551.087 and Consultation with the City
Attorney ? Under TEXAS GOVERNMENT CODE Section 551.071.
1. Deliberated and discussed commercial or financial information received
from a business prospect and offers of financial or other incentives to the
business prospect for the purposes of economic development negotiations
City of Denton City Council Minutes
March 1, 2005
Page 4
with SFT Industrial, LTD ("Granite"), regarding the construction of a
business park in the City of Denton, generally located on the west side of
I-35W, south of Airport Road. Also, receipt of legal advice from the
City?s attorneys on matters in which their professional responsibility to the
City Council requires private legal consultation.
2. Deliberated and discussed commercial or financial information received
from a business prospect and offers of financial or other incentives to a
business prospect for the purposes of economic development negotiations,
including without limitation a public improvement district, relating to the
development of Robson Ranch being a residential community located in
the City of Denton, Texas containing approximately 2,375 acres of land
located in the B.B.B & C.R.R. Survey, Abstract No. 197, F. Garcia
Survey, Abstract No. 502, C. Manchaca Survey, Abstract No. 789, J.
McGowan Survey, Abstract No. 798, F. Oliver Survey, Abstract No. 989,
M. Spurlock Survey, Abstract No. 1141, T & P RR Co Survey, Abstract
No. 1301, W. Dunning Survey, Abstract No. 1568, and the J. Paine
Survey, Abstract No. 1617 and being located along and north of Robson
Ranch Road, approximately 2.5 miles west of I-35W. Also, receipt of
legal advice from the City?s attorneys on matters in which their
professional responsibility to the City Council requires private legal
consultation.
Special Called Regular Meeting of the City Council on Tuesday, March 1, 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
Mayor Brock presented a proclamation for Severe Weather Awareness Week in Denton.
Chris Phelps, LINK, presented to the Council the 2004 Outstanding Metropolitan Transit System
Aware by the Texas Transit Association.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
City of Denton City Council Minutes
March 1, 2005
Page 5
3. CONSENT AGENDA
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and
Mayor Brock ?aye?. Motion carried unanimously.
A. 2005-070 - An ordinance awarding a contract for the purchase of fleet vehicles to
the second low bidder, Philpott Ford, due to the low bidder refusing to honor a bid
for three vehicles awarded as Items 1 and 8 in Ordinance No. 2005-031, dated
January 18, 2005; providing for the expenditure of funds therefor; and providing
an effective date. (Bid 3251 ? Fleet Vehicles for Items 1 and 8 to Philpott Ford-
$48,724).
B. 2005-071 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of a HazMat Command
System for the City of Denton Fire Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3308 ?
Interlocal Agreement for HazMat Command System with H-GAC awarded to
Smiths Detection in the amount of $63,589.75).
C. 2005-072 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a single family dwelling at 634 E. Prairie Street
for the City of Denton Community Development Block Grant Division; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3286 ?
634 E. Prairie Street Infill New Construction awarded to Delta One Construction
in the amount of $90,722).
D. 2005-073 - An ordinance approving the expenditure of funds for the purchase of
two LIFEPAK 12 defibrillators/monitoring units for the City of Denton Fire
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 3306 ? Defibrillators for Fire Department
awarded to Medtronic Emergency Response Systems in the amount of $38,382).
E. 2005-074 -- An ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of an ANDROS F6A robot for the
City of Denton Fire Department as awarded by the State of Texas Building and
Procurement Commission (Contract TXMAS-5-84030); providing for the
expenditure of funds therefor; and providing an effective date (File 3307 ? Robot
for Fire Department awarded to Remotec, Inc. in the amount of $163,026).
F. 2005- 075 - An ordinance accepting competitive bids and awarding a contract for
the long-term rental of heavy equipment for the Solid Waste Department;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3296 ? Long Term Rental of Heavy Equipment awarded to the lowest
responsible bidder for each item as listed in Exhibit A). The Public Utilities
Board recommended approval (6-0).
City of Denton City Council Minutes
March 1, 2005
Page 6
G. 2005-076 - An ordinance of the City of Denton, Texas, granting the Denton
Festival Foundation, pursuant to Section 20-1(d)(3)b.6 of the Code of Ordinances
of the City of Denton, Texas, an exception to the limitations imposed by that
section with respect to hours of operation of an amplified loudspeaker system; and
th
setting an effective date. This request for noise exception is for the 25 Arts and
Jazz Festival to be held April 29, 30 and May 1, 2005 in the Civic Center Park.
H. 2005-077 - An ordinance of the City of Denton abandoning and vacating a 1.21
acre Street Right of Way tract dedicated to the City of Denton by Charles D.
Adams Recorded in Volume 666, Page 535 of the deed records of Denton County,
Texas and a 0.506 acre Street Right of Way tract dedicated to the City of Denton,
Texas by the Denton Bible Church Addition, Lot 2, Block B plat, recorded in
Cabinet V, Pg. 880 of the Plat Records of Denton County, Texas; and providing
an effective date. (Northcrest Street between Mingo and University)
I. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1.Barber, Brandon Duplicate Payment 2004$618.00
2. Cendejas, Hector F & Carina Duplicate Payment 2004 $881.99
3.Cook, Edward D Duplicate Payment 2004$1,031.40
4. Cooper, John H Duplicate Payment 2004 $716.70
5.Cooper, John H Duplicate Payment 2004$676.37
6. Countrywide Home Duplicate Payment 2004 $647.71
Loans/Thompson, Lisa
7.Crow, Michelle Duplicate Payment 2004$870.56
8. Cycle Center of Denton Overpayment 2004 $2,626.91
9.Farris Concrete Co Overpayment 2004$7654.10
10. Franklin Bank Duplicate Payment 2004 $955.35
11.Hi Lo Auto Supply, LP Overpayment 2004$12,344.81
12. Jackson, Harold L Duplicate Payment 2004 $589.35
13.Janssen, Eric G Duplicate Payment 2004$699.81
14. Principal Residential Overpayment 2003 $715.11
Mtg/Raviehandran, Thiruvadi
15.PW Funding Overpayment 2004$24,047.76
16. Rasch, Betty H Overpayment 2004 $1,445.99
17.Reunion Title Duplicate Payment 2004$613.33
18. Rogers, Diana L Duplicate Payment 2004 $1,023.84
19.Stewart Title Duplicate Payment 2004$653.98
20. Tettleton, Stephanie Duplicate Payment 2004 $1745.10
21.Wells Fargo/Frank, John & Nancy Duplicate Payment 2004$703.91
22. Wells Fargo/Hill-Haley, Sheila Duplicate Payment 2004 $520.39
J. Approved an exaction variance of Section 35.19.6 (C)(1) of the Code of
Ordinances Subchapter 19 Drainage Standards. The Planning and Zoning
Commission recommended approval (5-0). (V04-0034, Newton Street Drainage
Variance)
City of Denton City Council Minutes
March 1, 2005
Page 7
K. 2005-078 - An ordinance accepting competitive bids by way of an interlocal
agreement with the Texas Cooperative Purchasing Network and awarding a
contract for the purchase of an Air Cooled Helical Rotary Water Chiller for City
Hall East; providing for the expenditure of funds therefor; and providing an
effective date (File 3302?Interlocal Agreement for Chiller with the Texas
Cooperative Purchasing Network, contract awarded to Trane in the amount of
$68,615).
4. PUBLIC HEARINGS
A. Denton Towne Crossing. The 43.77-acre property was generally located south of
Loop 288 and east of Brinker Road. The property was in a Regional Center Commercial
Neighborhood (RCC-N) zoning district and a Regional Center Commercial Downtown (RCC-D)
zoning district. A regional shopping center was proposed. (Denton Towne Crossing)
Mayor Brock indicated that discussions and the public hearings for these items would be held at
the same time but that individual votes would be taken on each proposal.
Kelly Carpenter, Director of Planning and Development, reviewed the rezoning of the property.
The proposal was for two big box retail sites and variety of pads for other uses. The Alternative
Development Plan was for parking in front of the buildings with additional open space and
landscaping and the preservation of an acre of oak trees on the site. The preservation of the oak
tree site was not required by the tree preservation ordinance as it was filed before the ordinance
went into effect. The developer was voluntarily doing this. The petitioner would discuss the
request for the special sign district.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
John Weber, developer of the proposal, favor
Council discussed the traffic impact on Loop 288 noting that the Brinker Road improvement was
a plus for the proposal. The name of the development was also discussed.
Gerald Ludke, Hodges and Associates Architects, presented the design standards of the
proposed stores in the development. The Sign District would have two less signs than would be
allowed by the ordinance with less square footage than would be in the ordinance.
The Mayor closed the public hearing.
1. The Council held a public hearing and considered adoption of an
ordinance rezoning approximately 38.5 acres from Regional Center Commercial
Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown
(RCC-D) zoning district. The Planning and Zoning Commission recommended approval
(5-0).
(Z04-0048, Denton Towne Crossing - Rezoning)
The public hearing was held as noted above.
City of Denton City Council Minutes
March 1, 2005
Page 8
The following ordinance was considered:
NO. 2005-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FOR APPROXIMATELY 38.5 ACRES FROM REGIONAL
CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT TO
REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT,
SUCH PROPERTY BEING GENERALLY LOCATED SOUTH OF LOOP 288 AND
EAST OF BRINKER ROAD, COMMONLY KNOWN AS DENTON TOWNE
CROSSING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE. (ZO4-0048)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp ?aye?, McNeill
?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
2. The Council held a public hearing and considered adoption of an
ordinance approving an Alternative Development Plan for an approximately 43.77 acre
regional shopping center. The Planning and Zoning Commission recommended approval
with conditions (5-0).
(ADP04-0008, Denton Towne Crossing - ADP)
The public hearing was held as noted above.
The following ordinance was considered:
NO. 2005-080
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 43.77 ACRES OF
LAND GENERALLY LOCATED SOUTH OF LOOP 288 AND EAST OF BRINKER
ROAD, COMMONLY KNOWN AS DENTON TOWNE CROSSING, WITHIN A
REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) AND A
REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF AMENDING
SITE DESIGN REQUIREMENTS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0008)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp ?aye?, McNeill
?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
3. The Council held a public hearing and considered adoption of an
ordinance approving a Special Sign District for an approximately 43.77 acre regional
shopping plaza. The Planning and Zoning Commission recommended approval (5-0).
(SD04-0004, Denton Towne Crossing - Sign District)
City of Denton City Council Minutes
March 1, 2005
Page 9
The following ordinance was considered:
NO. 2005-081
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING AN OVERLAY
DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON
APPROXIMATELY 43.77 ACRES OF LAND GENERALLY LOCATED SOUTH OF
LOOP 288 AND EAST OF BRINKER ROAD, COMMONLY KNOWN AS DENTON
TOWNE CROSSING, WITHIN A REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD (RCC-N) AND A REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE. (SD04-0004)
Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp ?aye?,
McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 2.63 acres from Neighborhood Residential (NR-3) zoning district to
Neighborhood Residential Mixed Use (NRMU-12) zoning district with an overlay district. The
property was located approximately 150 feet east of Carroll Blvd, to the northwest of Westway
St. and Anna St. intersection. The Planning and Zoning Commission recommended approval (5-
0).
(Z04-0049, Point Bank)
Kelly Carpenter, Director of Planning and Development Services, stated that this proposal was a
rezoning of the property with an overlay district to limit the uses to professional services and
offices.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
David Fuller, representing Point Bank, favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-082
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE-12 (NRMU-12) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION, WITH AN OVERLAY DISTRICT RESTRICTING THE
USES TO PROFESSIONAL SERVICES AND OFFICES, FOR PROPERTY
City of Denton City Council Minutes
March 1, 2005
Page 10
DESCRIBED AS LOTS 4, 5, 6 AND 7 OF THE T.N. SKILES SUBDIVISION, AN
ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET 613, PAGE 210 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z04-0049)
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp ?aye?,
McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
granting approval of a license agreement for the subsurface use of an approximate 0.138 acre
portion of the Cross Timbers Park for the purpose of a natural gas pipeline in accordance with
chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license, and
providing an effective date. The Parks, Recreation and Beautification Board recommended
approval (4-0).
Bob Tickner, Superintendent of Parks, presented the details of the proposal. The requested use
was to cross the northern portion of the southern half of the park for a natural gas pipeline. Staff
recommended approval, as did the Parks, Recreation and Beautification Board.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Bill Coleman, representing the petitioner, was available to answer questions.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-083
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR
THE SUBSURFACE USE OF AN APPROXIMATE 0.138 ACRE PORTION OF THE
CROSS TIMBERS PARK FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR THE ISSUANCE OF LICENSE, AND PROVIDING AN
EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp ?aye?, McNeill
?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
City of Denton City Council Minutes
March 1, 2005
Page 11
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance establishing an Economic
Development Program under Chapter 380 of the Local Government Code for making grants of
public money to promote economic development and to stimulate business activity in the City of
Denton; approving an Economic Development Program Grant Agreement with SFT Industrial,
Ltd. ("Granite") regarding the development of an approximate 94 acre parcel of land located west
of I-35W and south of Airport Road in the O.S. Brewster Survey, Abstract No. 56 and the
Thomas W. Daugherty Survey, Abstract No. 357, in the City of Denton, Texas; authorizing the
expenditure of funds therefor; and providing an effective date.
Linda Ratliff, Director of Economic Development, stated that the proposal would provide a
business park that would build spec buildings. It would be located south of Airport Road in an
industrial area. The proposal provided a grant for the building value equal to 50% of property
value and 50% of tenant?s value for development costs and fees reimbursement.
The following individuals spoke on the proposal:
David Cummingham, Granite Properties, presented the details of the project.
Alex Payne, 3849 Paradise Lane, Denton, 76210 - favor
Randy Robinson, Economic Development Partnership Board, support for the proposal.
The following individuals submitted Comment Cards:
Chuck Carpenter, Denton Chamber of Commerce - favor
Melissa Glasgow, Denton Chamber of Commerce - favor
The following ordinance was considered:
NO. 2005-084
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SFT
INDUSTRIAL, LTD. ("GRANITE") REGARDING THE DEVELOPMENT OF AN
APPROXIMATE 94 ACRE PARCEL OF LAND LOCATED WEST OF I-35W AND
SOUTH OF AIRPORT ROAD IN THE O.S. BREWSTER SURVEY, ABSTRACT NO.
56 AND THE THOMAS W. DAUGHERTY SURVEY, ABSTRACT NO. 357, IN THE
CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE
McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp ?aye?,
McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
City of Denton City Council Minutes
March 1, 2005
Page 12
B. Announcement of Councilmember Bob Montgomery?s conflict of interest in the
Emergency Shelter Grant Program (?ESGP?) through his wife?s employment by a subrecipient
of ESGP funds in accordance with the requirements of 24 CFR 576.57(d) and consider and take
action to authorize the City staff to initiate the process for submitting an application to HUD for
an exception to the conflict through the Texas Department of Housing and Community Affairs.
Bob Montgomery read the following statement of conflict of interest:
?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, Bob
Montgomery, want to make it known that since becoming a City Councilmember,
my wife has recently accepted a position as a Development Director for Denton
County Friends of the Family, who is a contractor for 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 seek an exception from this conflict. 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)(1). In order to meet
this public disclosure requirement, I, Bob Montgomery, 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.?
B. The Council considered adoption of an ordinance of the City Council of the City
of Denton, Texas, on first reading, granting a cable franchise to the University of North Texas to
construct, reconstruct, operate and maintain a cable television system in the City of Denton,
Texas and setting forth conditions accompanying the granting of this cable franchise; providing
for a penalty of Five Hundred Dollars ($500) for the violation of this ordinance; providing for a
savings clause; providing for the effect of this ordinance upon other ordinances and resolutions;
and providing an effective date.
John Cabrales, Public Information Officer, stated that this was the first reading of the ordinance
that would grant a cable franchise to the University of North Texas to construct, reconstruct,
operate and maintain a cable television system.
Joel Ballew, Charter Communications spoke in opposition to the proposal.
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ON FIRST READING, GRANTING A CABLE FRANCHISE TO THE UNIVERSITY
OF NORTH TEXAS TO CONSTRUCT, RECONSTRUCT, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS
City of Denton City Council Minutes
March 1, 2005
Page 13
AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF
THIS CABLE FRANCHISE; PROVIDING FOR A PENALTY OF FIVE HUNDRED
DOLLARS ($500) FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS
ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND
PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Thomson seconded to approve the ordinance on first reading. On roll vote,
Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?.
Motion carried unanimously.
C. The Council considered approval of a resolution urging Congress to reject that
portion of the Administration?s proposed 2006 Federal Budget that calls for the elimination of
the Community Development Block Grant (CDBG) program and request that CDBG remain
fully funded.
Barbara Ross, Community Development Block Grant Administrator, stated that the
Administration?s budget called for total elimination of the block grant program and all activities
associated with this program. If approved, a copy of this resolution would be sent to all of
Denton?s representatives.
The following resolution was considered:
NO. R2005-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
URGING CONGRESS TO REJECT THAT PORTION OF THE ADMINISTRATION?S
PROPOSED 2006 FEDERAL BUDGET THAT CALLS FOR THE ELIMINATION OF
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND
REQUEST THAT CDBG REMAIN FULLY FUNDED.
Thomson motioned, McNeill seconded to approve the resolution. On roll vote, Kamp ?aye?,
McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried
unanimously.
D. The Council considered nominations/appointments to the City?s Boards and
Commissions.
Kamp motioned, McNeill seconded to approve the nomination of Emma Guzman-Ramon to the
Planning and Zoning Commission. On roll vote, Kamp ?aye?, McNeill ?aye?, Montgomery
?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously.
E. 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 was not present at the meeting.
City of Denton City Council Minutes
March 1, 2005
Page 14
F. New Business
No items of New Business were suggested by Council Members.
G. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff mentioned that the UNT Sunbelt Conference was being held in Denton
this weekend.
H. 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.
I. 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 8:16 p.m.
____________________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS