August 28, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
August 28, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Monday, August 28,2006 at 1 :30 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Council Members Heggins, McElroy,
Montgomery, and Thomson.
ABSENT: Deputy Mayor Pro Tem Mulroy
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance ordering an election to be held
on November 7, 2006 for the purpose of submitting to the registered voters of Denton, Texas
amendments to the Denton City Charter regarding annexation provisions, no expansion of City
liability, Council elections, Council terms of office, Council meetings, Council minutes, City
Auditor, powers of Council, introduction of ordinances, City Manager and subordinates, City
Attorney, budget, bond elections, sale of bonds, Planning and Zoning Commission, legal effect
of master plan, platting and subdivision control, regulation of construction, slum clearance and
rehabilitation of blighted areas, Public Utilities Board, regulation of franchised utilities, and
nepotism; prescribing the time and manner of the conduct of the election to be in accordance
with an agreement with Denton County; prescribing the form and content of the ballot; providing
for notice; providing for publication of the notice of this election; providing a severability clause;
providing an open meetings clause; and providing an effective date.
City Attorney Snyder stated that the Charter Review Committee had been working on 23
proposed amendments for the November election. One amendment dealing with exercising of
governmental function did not receive a favorable recommendation from the Committee. Two of
the propositions would need Council direction - one dealing with Council terms of office and one
with franchise utilities.
The Committee met on Monday, August 21 st to finalize the two remaining propositions. The
Committee vote on Proposition #3, dealing with terms of office, was split. Four members were
against changing the council terms of office, as they did not find any compelling reason to do so.
Two members of the Committee were in favor of changing the terms of office. The Committee
voted in favor of the wording for the proposition dealing with exercising of governmental
function.
Staff had prepared three drafts of the ordinance calling the election. Option # 1 contained the
propositions as recommended by the committee with no proposition for changing council term of
office. Option #2 added a proposition #4 for changing council terms of office with the three-year
terms taking effect for places one, two, three and four in 2007 and places five, six and seven in
2008. Option #3 provided for the three-year terms but with the three-year terms taking effect for
places five, six and seven in 2012, and places one, two, three, and four in 2013.
City of Denton City Council Minutes
August 28, 2006
Page 2
Mayor McNeill stated that he originally was in favor of the change in council term of office but
had been swayed by the Committee report. He felt that perhaps this was not the time to do this.
Council Member Thomson agreed with the Committee findings with no change in terms of
office.
Thomson motioned, Heggins seconded to adopt the ordinance with Option # 1 with no change in
terms of council office.
Mayor Pro Tem Kamp stated that the although she agreed with the findings of the Committee,
she still felt that the council needed to serve three year terms at some point in time.
Council Member Heggins stated that she had attended the Committee meetings and there was no
pressure at any point in time to make a decision either one way or another.
The following ordinance was considered:
NO. 2006-232
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION
PROVISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL
TERMS OF OFFICE, COUNCIL MEETINGS, COUNCIL MINUTES, CITY AUDITOR,
POWERS OF COUNCIL, INTRODUCTION OF ORDINANCES, CITY MANAGER AND
SUBORDINATES, CITY ATTORNEY, BUDGET, BOND ELECTIONS, SALE OF BONDS,
PLANNING AND ZONING COMMISSION, LEGAL EFFECT OF MASTER PLAN,
PLA TTING AND SUBDIVISION CONTROL, REGULATION OF CONSTRUCTION, SLUM
CLEARANCE AND REHABILITATION OF BLIGHTED AREAS, PUBLIC UTILITIES
BOARD, REGULATION OF FRANCHISED UTILITIES, AND NEPOTISM; PRESCRIBING
THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN
ACCORDANCE WITH AN AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE
FORM AND CONTENT OF THE BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR
PUBLICATION OF THE NOTICE OF THIS ELECTION; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
On roll vote to adopt the ordinance with Option #1, Heggins "aye", Kamp "aye", McElroy "aye",
Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance authorizing a contract for
election services with Denton County, Texas, performed by and through its election
administrator to conduct a November 7, 2006 election concerning amendments to the City of
Denton Charter; validating and ratifying certain services performed; authorizing the expenditure
of funds therefor; and providing an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
August 28, 2006
Page 3
NO. 2006-233
AN ORDINANCE AUTHORIZING A CONTRACT FOR ELECTION SERVICES WITH
DENTON COUNTY, TEXAS, PERFORMED BY AND THROUGH ITS ELECTION
ADMINISTRATOR TO CONDUCT A NOVEMBER 7, 2006 ELECTION CONCERNING
AMENDMENTS TO THE CITY OF DENTON CHARTER; VALIDATING AND RATIFYING
CERTAIN SERVICES PERFORMED; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion
carried unanimously.
C. The Council considered adoption of an ordinance of the City of Denton
abandoning, vacating and rescinding the 0.008 acre and 0.030 acre street right-of-way dedication
offered to the City of Denton by the Final Plat of the Nelson Addition, filed in Cabinet N, Page
399, of the Plat Records of Denton County, Texas; and providing an effective date.
Paul Williamson, Real Estate Manager, stated that Ken Currin, the proprietor of the Greenhouse
Restaurant, had petitioned for the abandonment of the street right-of-way dedication tracts that
were exacted during the initial platting activity associated with the onset of the restaurant in
1997. The restaurant would like to expand by adding a patio dining addition along the southern
wall of the existing building and would need to use the right-of-way tracts on that end. Staff had
met with Mr. Currin on several occasions to discuss what options were available to
accommodate his plans, in balance with the public's interests and still meet code requirements.
The following ordinance was considered:
NO. 2006-234
AN ORDINANCE OF THE CITY OF DENTON ABANDONING, V ACA TING AND
RESCINDING THE 0.008 ACRE AND 0.030 ACRE STREET RIGHT-OF-WAY
DEDICA TION OFFERED TO THE CITY OF DENTON BY THE FINAL PLAT OF THE
NELSON ADDITION, FILED IN CABINET N, PAGE 399, OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
With no further business, the meeting was adjourned at 2:00 p.m.
PERRY R MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS