April 18, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
April 18, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 18, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding
Emergency Medical Services (EMS) Fee Schedule changes.
Ross Chadwick, Fire Chief, recommended usual and customary charges for billings. Medicare
was changing billing and the City would have to change its billing to match those procedures.
Staff was recommending discontinuing non-residence and residence distinctions for billing.
Laura Behrens, Management Assistant, presented information on the cost of service for
ambulance service, fire service and fire and ambulance service combined. A flat rate change was
being recommended from a resident and non-resident base to advanced life support and basic life
support base. Sanger would not be contracting with the city next year, which impacted the city
not only for the loss of revenue from the Sanger contract but also the loss of revenue on the
county contract and loss of rural square miles. In order to remain competitive and maximize cost
recovery there was a need to increase the cost to provide service and implement a fee schedule
based on reasonable and customary charges. The umbrella billing method would be used which
billed just under most insurance rates. The basic life support rate would be $787 and the
advanced life support rate would be $855. There would be no impact on Medicare payments as
it now had a flat fee for advanced life support and basic life support services plus mileage.
Council discussion
The different types of service of basic life support, advance life support 1 and advanced
life support 2 were detailed.
Would there be a charge for service if an individual were not transported? Chadwick
replied that there would not be a charge for assessment only but there would be a charge
if an IV or other type medications were used.
Consider rethinking about not charging for assessments only. Chadwick stated that was a
council policy decision but that many cities felt it was part of a basic level of service for
taxes paid by citizens.
What was collected from insurance companies when services were provided but the
patient was not transported? Chadwick replied that insurance did cover for a non-
transport with medications started on site.
Next quarter present a more comprehensive study on how other communities regain cost
of service for ambulance runs such as non-transport charges.
City of Denton City Council Minutes
April 18, 2006
Page 2
2. The Council received a funding recommendations report from the Community
Development Advisory Committee (CDAC) and the Human Services Advisory Committee
(HSAC). The Council also held a discussion regarding the proposed 2006 Action Plan for
Housing and Community Development and gave staff direction.
Council Member Montgomery left the meeting with a conflict of interest.
Barbara Ross, Community Development Administrator, introduced the chairs of the two
committees to present their committee’s recommendations.
Edward Tourraine, Chair-Community Development Advisory Committee, stated that the
recommendations had been included in the council’s agenda materials and he would be available
to answer any questions.
Lilia Bynum, Chair-Human Services Advisory Committee, stated that 23 applications had been
received with not enough money to give funding to all of the organizations. The Committee was
recommending funding of $235,800 to 18 agencies. Staff was recommending that the funds
currently designated for Sickle Cell be moved to the Denton Christian Pre-School for their
current year budget. The Sickle Cell organization was no longer in business.
Mayor Brock indicated that some of the funding came from federal grant money for human
services. Other money came from the City based on the City Council’s decision on funding from
the recommendations of the committees.
Consensus of the Council was to proceed with the transfer of funds from the Sickle Cell agency.
A contract would be drafted to transfer the money.
Ross stated that the recommended funding had to be submitted to the federal agency before the
City had completed the budget process but the funding could be amended if needed.
Council Member Montgomery returned to the meeting.
3. The Council received a report from the City Attorney, held a discussion and gave
direction regarding an ordinance concerning improper disclosure of the confidential information.
The City Council reserved the right to go into closed session to receive legal advice from the
City Attorney under Section 551.071 of the Texas Government Code.
Ed Snyder, City Attorney, stated that under the Open Meetings Act, information could be
discussed regarding Closed Session meeting information. The only prohibition was the
disclosure of the certified agenda or the tape recording of the Closed Session. This proposed
ordinance would make it a Class C misdemeanor to disclose proceedings in Closed Session.
Staff expressed concerns relative to information discussed in Closed Session that was public
information that could not be discussed under the proposed ordinance. The ordinance covered
any information deemed confidential by law and clearly marked confidential. The disclosure of
information had to be intentional and a knowing act in order to be unlawful. The fine would not
to exceed $500 and provided that employees violating the ordinance could be subject to
dismissal. A council member who violated this ordinance would be subject to council
reprimand. The drafting of this ordinance was not brought on anything done in Denton.
City of Denton City Council Minutes
April 18, 2006
Page 3
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for April 18, 2006.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:57 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
Mulroy motioned, Thomson seconded that the Item 1.B.1. was appropriate for Closed Session
discussion. On roll vote, Heggins “aye”, Kamp “aye”, McNeill “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye” and Mayor Brock “aye”. Motion carried unanimously.
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney – Under Texas Government Code Section 551.071
1. Consultation with the City’s attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City’s northern ETJ,
under Annexation Case No. A05-0002, along with other legal issues
related to the annexation, including zoning, land use and subdivision
controls, plat applications, annexation plans, development agreements,
annexation agreements, service plans, utility service, and legal issues
implicated by alternative proposals advanced by individuals owning
property within the proposed annexation area. A public discussion of
these legal matters would conflict with the duty of the City’s attorneys to
the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas or would jeopardize the City’s legal
position in any administrative proceedings or potential litigation.
2. Discussed legal strategies and alternatives regarding potential litigation
concerning street failures in selected subdivisions.
3. Discussed legal strategies, issues and alternatives regarding potential
litigation and other remedies concerning Vintage Parkway Utility Project,
including breach of covenants in real estate contract by Denton-CJW
Partners, Ltd. A public discussion of these legal matters would conflict
with the duty of the City’s attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or
would jeopardize the City’s legal position in any potential litigation.
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters –
Under Texas Government Code Section 551.086.
1. Received a presentation from DME staff regarding public power and
business matters regarding the pending request for proposals; and
information and analysis regarding power purchase contracts; and
discussed, deliberated, considered and provided staff with direction
regarding such matters.
City of Denton City Council Minutes
April 18, 2006
Page 4
Council ended the Closed Session at 6:27 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, April 18, 2006 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
No proclamations were presented at this meeting.
B. April Yard-of-the-Month Awards
Mayor Brock presented Yard of the Month awards to:
Alex Esquivel
Alis and Cecil Adkins
Charlie Marie Goss
Ann Pedigo
Don and Cass Henry-Watersmart
3. CONSENT AGENDA
Mayor Brock indicated that there was a change in Item 3H and any motion should reflect that
change.
Kamp motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the recognition of the change to 3H. On roll vote, Heggins
“aye”, Kamp “aye”, McNeill “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and
Mayor Brock “aye”. Motion carried unanimously.
A. R2006-011 - A resolution of the City of Denton, Texas, authorizing the Public
Utility Commission of Texas to set the access line rate at the new CPI-Adjusted
Maximum rate to be paid to the City by Certificated Telecommunications
Providers pursuant to Chapter 283 of the Texas Local Government Code ("HB
1777"); authorizing the City Manager to accept future Public Utility Commission
access line rate adjustments; and providing an effective date.
B. R2006-012 - A resolution allowing Mi Casita Restaurant to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration
on May 6, 2006, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
City of Denton City Council Minutes
April 18, 2006
Page 5
providing for an effective date. Parks, Recreation and Beautification Board
recommended approval (4-0).
C. 2006-101 - An ordinance accepting competitive bids and awarding a contract for
Distribution Gang Operated Air Brake Switches for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3475 – Distribution GOAB Switches awarded to the lowest responsible
bidder meeting specifications, Hughes Supply, in the annual estimated amount of
$46,183). The Public Utilities Board recommended approval (6-0).
D. 2006-102 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of playground equipment for two city
parks for the City of Denton Parks & Recreation Division by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3492 –
Interlocal Agreement for the purchase of Little Tikes Commercial Custom Kid
Builder Castle Theme awarded to Jim Lea & Associates, Inc. in the amount of
$55,836, GameTime PowerScape Modular Unit awarded to SouthWest Parks &
Playgrounds in the amount of $33,044.56, and a Hill Climbing Boulder awarded
to The PlayWell Group in the amount of $5,160.60 for a total award of
$94,041.16).
E. R2006-013 - A resolution of the City of Denton, Texas establishing the City
Council Audit Committee as a standing committee of the City Council;
appointing the initial members of the Committee; approving a Council Audit
Committee Directive, Audit Committee Bylaws, and Internal Audit Charge;
superceding resolution No. R2005-052; and providing for an effective date.
F. 2006-103 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute an Agreement with Terry D. Morgan &
Associates, P.C. for professional legal services relating to issues regarding the
Denton Development Code and the Comprehensive Plan; authorizing the
expenditure of funds therefor; and providing an effective date.
G. 2006-104 - An ordinance of the City Council of the City of Denton, Texas
authorizing the Interim City Manager to execute a contract with Taylor, Olson,
Adkins, Sralla & Elam, LLP for professional legal services related to initiating
litigation against one or more contractors involved in the street or utility
construction of the Wind River Estates development in Denton, Texas;
authorizing the expenditure of funds therefor; and providing an effective date.
H. R2006-014 - A resolution establishing a Public Art Policy for the City of Denton,
Texas, to be administered by the Parks and Recreation Department. Parks,
Recreation and Beautification Board recommended approval (4-0).
I. 2006-105 - An ordinance amending Chapter 22 “Parks and Recreation”, Code of
Ordinances, City of Denton. Texas by amending Section 22-4, Code of
Ordinances, “duties” to include that the board shall have the duty to make
recommendations to the City Council and the Parks and Recreation Director
regarding policy matters related to public art; amending Section 22-6, providing
City of Denton City Council Minutes
April 18, 2006
Page 6
for a City Council appointed nine-member Public Art Committee of the Parks,
Recreation and Beautification Board; and providing for an effective date. Parks,
Recreation and Beautification Board recommended approval (4-0).
4.PUBLIC HEARINGS
A. The Council held the first of two public hearings to consider the voluntary
annexation and service plan for approximately 3,406 acres of land generally located west of
Interstate 35 West, south of Tom Cole Road in the Southwestern section of the City of Denton
Extraterritorial Jurisdiction (ETJ). (A06-0001, Cole Ranch Annexation)
Brian Lockley, Interim Director of Planning, stated this was the first of two public hearings for
voluntary annexation of the property. He reviewed the current zoning and notification map for
property owners. No letters of opposition had been received. The annexation was scheduled for
completion in July.
Mayor opened the public hearing.
Bob Clifton spoke in opposition.
Mayor closed public hearing.
No action was required on this item at this time.
B. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 6.22 acres of land, from an Employment Center-
Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district.
The property was located on the west side of Fort Worth Drive (U.S. 377) southwest of Country
Club Road. The Planning and Zoning Commission recommended approval (6-0). (Z06-0009,
Ricks and Cheek Addition)
Brian Lockley, Interim Director of Planning, stated that this was a request for the rezoning of
6.22 acres from an Employment Center-Industrial to Employment Center-Commercial. He
reviewed the existing zoning around the site. The Denton Plan designated the property for EC-I
zoning. The proposed zoning was for EC-C, which would tie in with surrounding zoning. No
responses had been received in opposition to the proposed changed in zoning.
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. 2006-106
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF 6.22 ACRES FROM EMPLOYMENT CENTER INDUSTRIAL
(EC-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
City of Denton City Council Minutes
April 18, 2006
Page 7
EMPLOYMENT CENTER COMMERCIAL (EC-C) GENERALLY FRONTING 525.96
FEET ON THE WEST SIDE OF FORT WORTH DRIVE (U.S. 377) BEGINNING AT
A POINT APPROXIMATELY 600 FEET SOUTHWEST OF THE INTERSECTION OF
FORT WORTH DRIVE AND COUNTRY CLUB ROAD, AND LEGALLY
DESCRIBED AS A PORTION OF LOT 1, BLOCK A OF THE RICKS AND CHEEK
ADDITION, BEING 10.559 ACRES IN THE B.B.B. & C.R.R. SURVEY A-196 IN THE
CITY OF DENTON, DENTON COUNTY TEXAS, AND LEGALLY DESCRIBED IN
EXHIBIT “A”; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; PROVIDING G A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z06-0009)
McNeill motioned, Montgomery 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
regarding the rezoning of approximately 58.26 acres from a Neighborhood Residential-2 (NR-2)
zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The property was
located at the southwest corner of Teasley Lane and Ryan Road. The Planning and Zoning
Commission recommended denial (5-0). (Z06-0006, Teasley Park)SUPER MAJORITY VOTE
REQUIRED FOR APPROVAL.
Brian Lockley, Interim Director of Planning, stated that this was a request for zoning from
Neighborhood Residential 2- to Neighborhood Residential-4. He reviewed the current
surrounding zoning. The property was currently undeveloped and would preserve 50% of the
upland habitat as was required by the Code. The site was designated by the Plan as a
neighborhood center. He reviewed the proposed lot layout for the development. The applicant
th
held a public neighborhood meeting on March 20. Concerns of the neighborhood were
preserving the habitat and traffic on Teasley. The applicant submitted a revised lot layout for
consideration. Five public notices had been received in opposition within 200 feet, which was
still below the 20% required for a super majority vote. However, as the Planning and Zoning
Commission had recommended denial, a super majority vote was required by Council.
Mayor Brock asked what was the staff recommendation at the time the case went to the Planning
and Zoning Commission. Lockley stated that the staff recommendation at that time was approval
for the proposal.
Council Member Montgomery asked if notification letters were sent out before the revised plan
was presented or after. Lockley stated that the notices were sent out for the first plan and that no
other letters had been sent out since the revised plan was suggested.
Council Member Mulroy stated that the proposed land plan was not a guarantee.Lockley replied
correct that the proposed plat was for illustration only. Zoning was the only issue to be
considered at this time.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
City of Denton City Council Minutes
April 18, 2006
Page 8
Steve Butrey, representing the petitioner, spoke in favor. A formal preliminary plat had
been submitted for consideration next week by the Planning and Zoning Commission.
Council Member Mulroy indicated that he had no objection to the second plan but it was a
different plan than what was presented to the Commission. There had been no neighborhood
meeting prior to the case being presented to the Commission. This put the Council in a difficult
position.
Richard Sherman, 2401 Creekdale, Denton 76210 – opposed to proposal
Kelly and Kent Wooley, 1916 Del Mar Court, Denton 76210 - in favor of the proposal
Sonja Hill, 2201 Creekdale, Denton 76210 - spoke in favor of the revised plan
Liz Stokes, 2012 Belmont Park, Denton, 76210 - delay until more meetings could be held
Laurie Craven, 2113 Belmont Park, Denton 76210 – spoke in favor
The Mayor closed the public hearing.
Council Member Mulroy asked about the anticipated time frame for the development and what
effect remanding the proposal back to the Planning and Zoning Commission might have on that
time frame.
Butrey stated that they were working to get it completed by next week. The contract for the land
would expire at end of month.
Council discussion -
The revised plan would not have to be developed as shown. Upon receiving the zoning
change, the developer could develop the original plan, which was not well accepted.
Council was depending on the good faith of developer to do what he said he would do.
Staff had received a preliminary plat consistent with what was shown on revised plan.
nd
Would a delay until the May 2 meeting allow enough time to fashion an overlay for the
plat? City Attorney Snyder replied yes.
nd
Mulroy motioned, Kamp seconded to postpone consideration until the May 2 meeting. The
Legal Department would develop an overlay to mirror the plat plan as presented.
City Attorney Snyder suggested that the public hearing be reopened and continue it until the May
nd
2 meeting.
Mayor Pro Tem McNeill offered a friendly amendment to the motion to reopen the public
nd
hearing and continue it at the May 2 meeting.
Mulroy and Kamp agreed to the amendment.
On roll vote of the motion to continue the public hearing and consideration of the proposal until
nd
the May 2 City Council meeting, Heggins “aye”, Kamp “aye”, McNeill “aye”, Montgomery
“aye”, Mulroy “aye”, Thomson “aye” and Mayor Brock “aye”. Motion carried unanimously.
City of Denton City Council Minutes
April 18, 2006
Page 9
D. The Council held a public hearing and considered adoption of an ordinance
approving an Alternative Development Plan for a proposed retail development on approximately
14.48 acres. The subject property was located on the northwest corner of Loop 288 and Spencer
Road. The property was located in a Regional Center Commercial Neighborhood (RCC-N)
zoning district. The purpose of the Alternative Development Plan was to deviate from the
requirements of Subchapter 13 of the Development Code. The Planning and Zoning
Commission recommended approval (6-0). (ADP06-0003, Loop 288 & Spencer)
Brian Lockley, Interim Director of Planning, presented the alternative development plan features
for deviations from the Code. Those deviations included parking between the building and the
street, the number of parking spaces, and the division of parking spaces for parking lots over 100
spaces. There have been no responses from property owners within 200 feet of the proposal. He
also presented a site plan on the development outline.
The Mayor opened the public hearing.
Lance Lilly, representing the developer, showed details on the elevation of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 2006-107
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 14.48 ACRES OF
LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF LOOP 288
AND SPENCER ROAD, TO ALLOW A RETAIL CENTER, LEGALLY DESCRIBED
AS A TRACT OF LAND SITUATED IN THE M. AUSTIN SURVEY, ABSTRACT
NUMBER 0004A; LOT 1, BLOCK 1 OF THE CUSHMAN ADDITION AND LOT 1,
BLOCK 1 OF THE DENTON COUNTY ELECTRIC COOP ADDITION, IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP06-
0003)
Kamp 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.
E. The Council held a public hearing inviting citizens to comment on the City of
Denton’s2006 Action Plan for Housing and Community Development.
Council Member Montgomery left the meeting.
Barbara Ross, Community Development Administrator, stated the proposed Action Plan required
a public hearing for public comments. In two previous action plans of 2003 and 2004 money
City of Denton City Council Minutes
April 18, 2006
Page 10
was designated for sidewalk projects. Those projects were completed with other funding and
were being canceled. Staff had taken those projects funding and put into the amount to be
allocated by the committee.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Derbha Jones, 1413 E. McKinney, Denton 76209 – spoke in opposition of reduction of
funds for Day Stay for Adults
Bob Clifton, 730 Wainwright, Denton, 76209 – spoke in opposition to the program
Andre Villarreal, 2109 W. University, Denton, 76201 – spoke in opposition of reduction
of funds for Day Stay for Adults
Lillian Ewagata, 2519 Scripture, Denton, 76201 – favor of reallocation of funds for
Denton County MHMR
Eddie Zeman, 810 Crosstimber, Denton, 76205 – favor of funding for community
projects
Laura Williams, Fred Moore Day School, requested funding
Liz Stokes – spoke in favor for additional funding for Day Stay for Adults
The Mayor closed the public hearing.
No action was required at this time.
Council Member Montgomery returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas,
certifying funding and support for the Statewide Transportation Enhancement Program
Nomination Form 2006 with the Texas Department of Transportation, authorizing the City
Manager to submit an application to receive funding to construct pedestrian and bike
improvements as part of the Downtown Multi Modal Transit Center, and, if the grant is
approved, to execute the grant agreement and take other actions necessary to implement the
grant, and providing an effective date. Mobility Committee recommended approval (3-0).
Mark Nelson, Chief Transportation Officer, presented information on the proposed grant. The
ordinance would certify funding and support for the program.
Bob Clifton spoke in opposition to the amount of city money for the project.
The following ordinance was considered:
NO. 2006-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING
AND SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT
PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF
City of Denton City Council Minutes
April 18, 2006
Page 11
TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO RECEIVE FUNDING TO CONSTRUCT PEDESTRIAN AND
BIKE IMPROVEMENTS AS PART OF THE DOWNTOWN MULTI MODAL
TRANSIT CENTER, AND, IF THE GRANT IS APPROVED, TO EXECUTE THE
GRANT AGREEMENT AND TAKE OTHER ACTIONS NECESSARY TO
IMPLEMENT THE GRANT, AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, McNeill 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.
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
certifying funding and support for the Statewide Transportation Enhancement Program
Nomination Form 2006 with the Texas Department of Transportation, authorizing the City
Manager to submit an application to receive funding to construct bridges on the Denton Branch
Rail Trail over Pecan Creek at mile post 722 and over Loop 288 at mile post 724, and, if the
grant is approved, to execute the grant agreement and take other actions necessary to implement
the grant, and providing an effective date. Mobility Committee recommended approval (3-0).
Parks, Recreation and Beautification Board recommended approval (4-0).
Bob Tickner, Superintendent of Park Planning, stated that this ordinance would certify funds for
a grant for two pedestrian bridges on the rail trail over Pecan Creek.
Bob Clifton spoke in opposition to the application.
The following ordinance was considered:
NO. 2006-109
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING
AND SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT
PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO RECEIVE FUNDING TO CONSTRUCT BRIDGES ON THE
DENTON BRANCH RAIL TRAIL OVER PECAN CREEK AT MILE POST 722 AND
OVER LOOP 288 AT MILE POST 724, AND, IF THE GRANT IS APPROVED, TO
EXECUTE THE GRANT AGREEMENT AND TAKE OTHER ACTIONS
NECESSARY TO IMPLEMENT THE GRANT, AND PROVIDING AN EFFECTIVE
DATE.
Kamp motioned, Mulroy 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. This item was not considered.
D. The Council considered nominations/appointments to the City’s Boards and
Commissions.
City of Denton City Council Minutes
April 18, 2006
Page 12
Bob Ralph had been nominated for the Construction Advisory and Appeals Board, Alyson Coe
had been nominated to the Parks, Beautification and Recreation Board and Philip Jordan had
been nominated to the Zoning Board of Adjustment.
McNeill motioned, Mulroy seconded to approve the above nominations. On roll vote, Heggins
“aye”, Kamp “aye”, McNeill “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and
Mayor Brock “aye”. Motion carried unanimously.
E. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Bob Clifton regarding city business.
Mr. Clifton read a portion of the Open Government Act regarding Open Records. He had
requested information on DME franchise, which he indicated he had not received. He wanted
the information or he would go to District Court for the information.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth commented on information presented by Mr. Clifton. He again stated he would
like to see an African American firefighter, that Eureka Park was a dangerous situation, and that
the intersection of Woodrow and McKinney was dangerous.The Council was for the “haves”
and not the “have nots”.
F. Robert Donnelly regarding City Council decisions.
Mr. Donnell was not present at the meeting.
F. New Business
The following items of New Business were suggested by Council:
City of Denton City Council Minutes
April 18, 2006
Page 13
1. Mayor Pro Tem McNeill asked for an update on the joint Council/DISD
committee on the natatorium.
2. Council Member Kamp requested an update on quarterly meetings with the
Planning and Zoning Commission.
G. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Interim City Manager Martin did not have any items for Council.
H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of 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 9:05 p.m.
_________________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
__________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS