June 20, 2006 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
June 20, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 20, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:Mayor McNeill; Council Members Heggins, McElroy, Montgomery, Mulroy, and
Thomson.
ABSENT:Mayor Pro Tem Kamp
1.The Council received a report, held a discussion and gave staff direction regarding the
submittal of an application to designate a portion of the industrially zone area of Denton as a
Foreign Trade Zone.
Linda Ratliff, Director of Economic Development, stated that this was a follow-up discussion
from the May 16, 2006 meeting. Staff developed a business plan regarding the proposed zone.
UNT had indicated interest in including a portion of the Research Park in the foreign trade zone.
The application cost was based on the number of acres in each property so that the City’s share
might be more or less depending on the number of property owners expressing an interest in the
zone. The ten-year proforma scenario was based on the assumption that there would be no
change in property ad valorem rates for the City, County and Denton ISD, no increases in lease
rates for Airport leased land, no new taxable inventory placed on the tax rolls and no sales tax
impact from new employees considered. This allow for a conservative development scenario
within the Zone.
Mayor McNeill indicated that the next step would be to go to the County and DISD for
endorsements from them.
Ratliffreplied correct and that staff would provide Council with any updated information as it
became available.
Consensus of the Council was to continue as presented.
2.The Council received a report, held a discussion and gave staff direction regarding the
CIP Oversight Committee’s recommendations.
Jim Coulter, Director of Water Utilities, stated that the CIP Committee had held three meetings
this year, receiving reports from staff on project status and developing a user-friendly tracking
and monitoring for the CIP projects. Staff was directed to explore options on how to augment
CIP funding to allow for the completion of the approved CIP projects. The CIP Committee
recommended the changes to the current 5-year CIP schedule as noted in the agenda backup
materials.
After discussion of the projects, the consensus of the Council was to proceed with the
recommended changes.
3.Discuss the nomination process for the City’s Boards and Commissions.
Jennifer Walters, City Secretary, presented the timeline for the board/commission nomination
rd
process. Notebooks would be delivered to Council on June 23. Nominations were due in her
th
office by July 12.
City of Denton City Council Minutes
June 20, 2006
Page2
Consensus of Council was to proceed with the proposed timeline.
4.The Council received a report, held a discussion and gave staff direction regarding the
retention period for candidate/officeholder contribution/expenditure reports.
Jennifer Walters, City Secretary, reviewed the retention requirements for the
candidate/officeholder contribution/expenditure reports.
Council discussed the pros and cons of maintaining records longer than the required time frame
from the Texas State Library.
Council Member Mulroy asked for a Reading File memo projecting what the cost would be to
maintain the records beyond the cost for maintaining the records for the regular time frame.
5.There were no requests for clarification of consent agenda items listed on the consent
agenda for June 20, 2006.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1.Closed Meeting:
A.Consultation with Attorney – Under Texas Government Code Section 551.071.
1.Consultationwith 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, zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, and legal issues relating to the
creation of special districts in the ETJ requested by JNC and White Cake
Denton, L.P. 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.Considered and discussed status of litigation styled Denton Firefighters
Relief & Retirement Fund v. City of Denton, Cause No. 2005-30380-211,
th
currently pending in the 211 District Court of Denton County, Texas.
3.Consultationwith the City’s attorneys regarding legal issues related to
approving a Detailed Plan for Planned Development District No. 115 (PD-
115). A public discussion of these legal matters would conflict with the
duty of the City’s attorneys tothe 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.
City of Denton City Council Minutes
June 20, 2006
Page3
4.Consultation with the City's attorneys regarding legal issues pertaining to
the City Charter, charter amendments, and election code issues. 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.
Regular Meeting of the City of Denton City Council on Tuesday, June 20, 2006 at 6:30 p.m. in
the Council Chambers at City Hall.
PLEDGE OF ALLEGIANCE
1.
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
PROCLAMATIONS/PRESENTATIONS
2.
A.Proclamations/Awards
There were no proclamation/awards for this meeting.
B.June Yard-of-the-Month Awards
Mayor McNeill read the Yard of the Month awards:
Eletta Hogg, Mary Rogers and Cynthia Berry
Ronnie and Lynell Land
Phil and Wanda McDade
Shirley Grounds
Grizzaffi Darby, LLC - Water Smart
Options Salon - Business
3.CONSENT AGENDA
Bob Clifton spoke on Item #3F stating he was concerned about possible hazardous waste that
might have been dumped on the Hickory Substation site.
Thomson motioned, Mulroy seconded to adopt the Consent Agenda and accompanying
ordinances and resolutions.On roll vote, Heggins “aye”, McElroy “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
A.2006-162- An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to enter into an agreement with the North Central
Texas Council of Governments for a Sustainable Development Project for the
Wells Fargo Catalyst Project; authorizing the City Manager, or his designate, to
act on behalf of the City in all other matters that are related to the Project pledging
that the City of Denton will comply with all Project requirements of the North
Central Texas Council of Governments; and providing for an effective date.
City of Denton City Council Minutes
June 20, 2006
Page4
B.2006-163- An ordinance of the City of Denton, Texas pertaining to the
membership of the Denton Firefighters Relief and Retirement Fund; and
providing an effective date.
C.R2006-022- A resolution of the City of Denton supporting the establishment of a
Foreign Trade Zone in the City of Denton's industrially-zoned area near the
Denton Airport and at the University of North Texas Research Park in order to
stimulate economic development growth and activity; to encourage international
trade and create jobs and investment in the City of Denton; and providing an
effective date.
D.Approved tax refunds for the following property taxes:
Tax
NameReasonAmount
Year
1.Orix Hunt Denton VentureDuplicate Payment2003$3,930.43
2.LandAmerica/ConfidentialDuplicate Payment2005$1,165.36
Owner
3.Salisbury, DavidOverpayment2005$ 959.30
4.Lioselle, LanceDuplicate Payment2005$ 783.24
5.Martino RealtyDCAD Supplemental 2005$ 712.23
Change
(exemption change)
6.LandAmerica/ Wheat, Glenn & Duplicate Payment2005$ 534.86
Betty
E.2006-164- An ordinance accepting competitive bids and awarding an annual
contract for RCP Pipe and Concrete Box Culverts for various City departments;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3510 – Annual Contract for RCP Pipe and Concrete Box Culverts awarded
to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated
amount of $50,000). The Public Utilities Board recommended approval (6-0).
F.2006-165- An ordinance accepting competitive bids and awarding an annual
contract for electrical substation connectors for the Hickory Substation; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3512 –
Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby
Supply Company in the estimated amount of $34,718). The Public Utilities Board
recommended approval (6-0).
G.2006-166- An ordinance authorizing the City Manager to execute change order
one to the contract between the City of Denton and Jamail Construction
Company; providing for the expenditure of funds therefore; and providing an
effective date (Ordinance No. 2005-187; File 3356–Design/Build of Landfill
Scale House awarded to Jamail Construction Company in the not to exceed
amount of $296,316 and Change Order One in the amount of $38,870 for a total
amount of $335,186. The Public Utilities Board recommended approval (6-0).
City of Denton City Council Minutes
June 20, 2006
Page5
H.2006-167- 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 two motor pool
replacement vehicles for the City of Denton Electric Metering Division by way of
an Interlocal Agreement with the City of Denton; and providing an effective date
(File 3526 – Interlocal Agreement for the purchase of Fleet Vehicles for Electric
Metering with H-GAC awarded to Philpott Ford in the amount of $37,561). The
Public Utilities Board recommended approval (6-0).
I.2006-168- 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 Heavy Vehicle Lifting
System for the City of Denton Fleet Services Division by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3525 –
Interlocal Agreement for the purchase of Heavy Vehicle Lifting System for the
Fleet Services Division with H-GAC awarded to Automotive Resources, Inc. in
the amount of $37,769.61.
J.2006-169- 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 a Model 826H Caterpillar Landfill
Compactor for the City of Denton Solid Waste Department by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File3527– Interlocal Agreement for the purchase of a Landfill Compactor for
the Solid Waste Department awarded to Holt CAT, Inc. in the amount of
$610,048). The Public Utilities Board recommended approval (6-0).
K.2006-170- An ordinance awarding an annual contract for the purchase of the
annual supply of liquid petroleum gas for the City of Denton, as awarded by the
State of Texas Building and Procurement Commission; providing for the
expenditure of funds therefore; and providing an effective date (File 3524 to
Northwest Propane Gas Company in the estimated amount of $100,000; Mount
Belvieu posted price + $.35/gallon).
L.2006-171- An ordinance accepting competitive bids and awarding a contract for
purchase of a 4 Wheel Self Propelled Broom for the City of Denton Street
Department; providing for the expenditure of funds therefor; and providing for an
effective date (Bid 3515 – 4 Wheel Self Propelled Broom awarded to Howard
McAnear Equipment Company in the amount of $35,428.20).
M.2006-172- An ordinance of the City of Denton, Texas, amending Ordinance No.
2005-157, providing for an amendment to Chapter 2, Article V of Library,
Section 2-157 of the Code of Ordinances of the City of Denton, Texas, to require
the payment of an annual fee for a library card for nonresidents and discounted
annual fees for nonresidents enrolled full time in an independent school district or
home-schooled; providing limited access punch cards for nonresidents; providing
a severability clause; providing for a saving clause; and providing for an effective
date. The Library Board recommended approval (7-0).
City of Denton City Council Minutes
June 20, 2006
Page6
N.Approved a request for an exception to the Noise Ordinance for amplified sound
for the Denton County Historical Commission’s celebration of John B. Denton’s
200th birthday. The three-day countywide event will be held at the Denton
Downtown Square. The request is for an exception to the hours of operation from
10:00 p.m. until 11:00 p.m. on Saturday, July 29th and amplified sound on
Sunday July 30th from 10:00 a.m. – 12:00 p.m.
O.2006-173- An ordinance of the City of Denton, Texas, authorizing an amendment
to that modification, clarification and ratification of oil and gas mineral lease
between the City and Stroud Energy, LTD. to extend the time period for the
drilling of Gas Well #4H at the airport; providing a savings clause and an
effective date. The Airport Advisory Board recommends approval.
P.2006-174- An ordinance of the City of Denton, Texas amending the provisions of
Chapter 23 relating to Police by replacing Article IV titled Police-Initiated
Towing Services in its entirety with a new Article IV; providing for a savings
clause; providing for a penalty not to exceed $500 for violations of this ordinance;
and providing for an effective date.
Q.2006-175- An ordinance amending ordinance no. 2005-174 and Section 2-29 of
the City Code relating to Rules of Procedure for the City Council of the City of
Denton, Texas; by clarifying application of suspension of the rules, creating the
position of Deputy Mayor Pro Tem and providing that the Deputy Mayor Pro
Tem be added as a member of the Agenda Committee; and repealing and
consolidating ordinance 2005-174; providing a severability clause; and declaring
an effective date.
R.R2006-023- A resolution of the City of Denton, Texas authorizing the City
Manager to sign andsubmit, to the US Department of Housing and Urban
Development, an application for a CDBG Section 108 Loan Guarantee with
appropriate certifications as authorized and required by the Housing and
Community Development Act of 1974, as amended, and providing for an
effective date.
S.2006-176- An ordinance of the City Council of the City of Denton, Texas
Authorizing the Interim City Manager to execute a first amendment to a contract
for professional legal services with Denton, Navarro, Rocha & Bernal for
professional legal services relating to meet and confer bargaining issues pursuant
to Texas Local Gov’t Code 142.051, et seq., and Texas Local Gov’t Code
142.101, et seq., authorizing the expenditure therefore, and providing an effective
date.
T.R2006-024- A resolution revising Administrative Policy 403.07 “Debt Service
Management” and providing for an effective date.
City of Denton City Council Minutes
June 20, 2006
Page7
4.PUBLIC HEARINGS
A.The Council held a public hearing and considered adopting an ordinance
regarding an Alternative Development Plan for a multifamily development. The site consisted of
approximately 0.30 acres and was located on the northwest corner of Wainwright and Prairie
Streets. The property was located within a Downtown Commercial General (DC-G) 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 with the condition that one parking space be provided for each apartment
(6-0).(ADP06-0010, Victoria Square Apartments)
Kelly Carpenter, Director of Planning and Development, stated that the site was at Locust and
Prairie. She reviewed the surrounding zoning. The alternative development plan would
eliminate the limitation of the buildings being one story in height. The Code required a 15%
landscape buffer but the applicant would provide a 35% landscaping buffer. Parking was not a
part of the ADP but two options had been provided for Council consideration. One option
includedone parking space per unit, which was the result of a recommendation from the
Planning and Zoning Commission. The other option did not have the parking requirement.
Council Discussion –
x
The ordinance adopted last fall was envisioned for green fields and not for the downtown
area or university area. It was not good for infill.
x
The ADP only requested relief from the height requirement. There was no associated
parking requirement. Carpenter replied that the central business district zoning did not contain
parking requirements.
x
As the ADP was seeking relief from an error made by the Council, no mitigation should be
required. Carpenter stated that at the Planning and Zoning Commission meeting, several area
residents expressed concerns about the parking. The applicant offered 35% landscaping buffer,
which was not a requirement. The additional parking spaces were a suggested requirement by
the Planning and Zoning Commission based on area resident concerns.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed public hearing.
The following ordinance was considered:
NO. 2006-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.30 ACRES OF
LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF
WAINWRIGHT STREET AND PRAIRIE STREET, TO ALLOW A MULTI-FAMILY
DEVELOPMENT, LEGALLY DESCRIBED AS LOTS 7 & 8, BLOCK 1 OF
City of Denton City Council Minutes
June 20, 2006
Page8
WAINWRIGHT’S 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 FOR SEVERABILITY AND
AN EFFECTIVE DATE. (ADP06-0010)
Mulroy motioned, Heggins seconded to adopt the ordinance without parking restrictions.On roll
vote, Heggins “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and
Mayor McNeill “aye”. Motion carried unanimously.
B.The Council held a public hearing and considered adopting an ordinance
regarding a Specific Use Permit for a veterinary clinic. The property was located on the east side
of North Locust Street, north of Third Street. The approximately .036 acre site was located
within a Downtown Residential-2 (DR-2) zoning district. The Planning and Zoning Commission
recommended approval (6-0).(S06-0004, Mitchell Veterinary Clinic)
Kelly Carpenter, Director of Planning and Development, stated that this was a proposed
veterinarian clinic on Locust and Third Streets. A Specific Use Permit was required by the
Development Code. A Planning and Zoning Commission recommendation for a 3-footsolid
fence long the eastern side of the site was included in the ordinance. Two property owners had
submitted an objection to the proposal but did not result in a super majority requirement.
The Mayor opened the public hearing.
Dr. Marilyn Mitchell spoke in favor of the request.
Lee Gano, 1731 W. University, Denton, 76201, submitted a comment card in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-178
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A VETERINARY CLINIC ON APPROXIMATELY 0.36 ACRES
OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF NORTH LOCUST
STREET NORTH OF THIRD STREET, LOCATED WITHIN A DOWNTOWN
RESIDENTIAL-2 (DR-2) ZONING DISTRICT AND IS LEGALLY DESCRIBED AS
1400 NORTH LOCUST STREET IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS AND IS MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT B;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING AN EFFECTIVE DATE. (S06-0004)
Heggins motioned, Mulroy seconded to adopt the ordinance.On roll vote, Heggins “aye”,
McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
City of Denton City Council Minutes
June 20, 2006
Page9
C.The Council held a public hearing and considered adopting an ordinance
concerning a Detailed Plan for Planned Development District No. 115 (PD-115) for
approximately 194 acres. The subject property was located at the southwest corner of Bonnie
Brae Street and Elm Street, east of Interstate 35.On May 24, 2006, Planning and Zoning
Commission concluded a public hearing without reaching a consensus on the recommendation to
approve the Detailed Plan (3-3).(Z06-0005, Kings Ridge Estates)
Kelly Carpenter, Director of Planning and Development, presented details of the zoning map
and surrounding zoning uses. The proposed development was consistent with the Concept Plan
approved in May 1986. Ordinance 2000-007 approved an amendment to the Concept Plan for
approximately 230 acres and Ordinance 2000-008 approved a detailed plan for approximately
194 acres for the site on January 4, 2000. Detailed plans have a life of two years so the detailed
plan for the site had expired. The applicant had a new detailed plan in accordance with the
approved concept plan approved in 1986. The west, north and east sides of the project contained
existing natural gas gathering lines in existing 10-foot easements.
Quinten Hicks, Gas Well Inspector, stated that the gathering lines were currently within state
level requirements.
Carpenter continued that the applicant had agreed to add to the detail plan that no vertical
structures would be built in the gas line gathering lines. Staff recommended approval but the
Planning and Zoning Commission was unableto make recommendation to Council on the
project.
Mayor McNeill asked about the status of Westgate Street. Carpenter stated that an ordinance
was adopted that indefinitely closed the street.
Council Member Thomson stated that the Concept Plan did not expire but that detailed plans
expired in two years. The Concept Plan carried the zoning, which was carried with the land.
The discussion this evening was not about the density and zoning. Carpenter stated that the
Detail Plan was in conformance with the approved Concept Plan.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Cary Cobb, 1401 Burnham Drive, Plano, 75093 - favor
Robert McWilliams, 3322 Darby Lane, Denton, 76207 - opposed
Bobby Smith – 3101 Darby Lane, Denton, 76207 - opposed.
Chelita Lewis, 3101 Westgate Drive, Denton, 76207 - opposed
Jack Daniels, 3206 Darby Lane, Denton, 76207 - opposed
Art Rodriguez, 3109 Westgate Drive, Denton, 76207 - opposed
Rhonda Rodriguez, 3109 Westgate Drive, Denton, 76207 - opposed
Eric Fullerton, 3015 N. Bonnie Brae, Denton, 76207 - opposed
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 - opposed
Comment Cards were submitted by:
City of Denton City Council Minutes
June 20, 2006
Page10
Marla Fullerton, 3015 N. Bonnie Brae, 76207 - opposed
Bernie Saffron, 3306 Darby Lane, Denton, 76207 - opposed
Tony Lewis, 3101 Westgate Drive, Denton, 76207 - opposed
Additional speakers included:
Tracy Williamson, 3321 Westgate Drive, Denton, 76207 – opposed
Sam McCombs, 2921 Fladger, Denton, 76207 - opposed
Cary Cobb, representing the developer, stated that they were trying to set the tone map for what
they were going to put on the land. The density had already been approved. The Detailed Plan
would be a map for the development.
Council Member Mulroy felt that during the platting process, the individual lots and surveys
should show the restricted easements and gas lines so that potential buyers of the property would
have that knowledge before building on the lots.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-179
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
2000-008 TO PROVIDE FOR THE APPROVAL OF A NEW DETAILED PLAN FOR
PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND LAND USE
CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 194
ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD
BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE. (Z06-0005)
Mulroy motioned, McElroy seconded to adopt the ordinance with all associated conditions
including those from Ordinance 2000-007, Ordinance 2000-008, those listed on the proposed
Detail Plan and the applicant’s agreement to not build any vertical structures in the gas line
easements.On roll vote, Heggins “nay”, McElroy “aye”, Montgomery “nay”, Mulroy “aye”,
Thomson “aye” and Mayor McNeill “aye”. Motion carried with a 4-2 vote.
D.The Council held a public hearing and considered adoption of an ordinance
ordering the dismissal, and in the alternative, the denial of Atmos Energy Corporation, Mid-Tex
Divisions’ application for an interim gas reliability infrastructure program adjustment for
calendar year 2005; finding that the meeting complied with the Open Meetings Act; making
other findings and provisions related to the subject; providing notice of this Ordinance to Atmos
Energy Corporation; and providing an effective date.
City Attorney Snyder stated that this ordinance ordered dismissal of Atmos Energy’s application
for interim gas reliability infrastructure program adjustment for 2005.
City of Denton City Council Minutes
June 20, 2006
Page11
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. 2006-180
AN ORDINANCE ORDERING THE DISMISSAL, AND IN THE ALTERNATIVE,
THE DENIAL OF ATMOS ENERGY CORPORATION, MID-TEX DIVISIONS’
APPLICATION FOR AN INTERIM GAS RELIABILITY INFRASTRUCTURE
PROGRAM ADJUSTMENT FOR CALENDAR YEAR 2005; FINDING THAT THE
MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Heggins seconded to adopt the ordinance.On roll vote, Heggins “aye”,
McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance of the City of Denton, Texas,
suspending the effective date of Atmos Energy Corporation, Mid-Tex Division’s requested rate
changes as set forth in their statement of intent filed with the City Secretary on May 31, 2006 for
ninety days to permit the City time to study the request and establish reasonable rates; to require
the reimbursement of municipal rate case expenses; ratifying and reaffirming the participation in
the ATM Coalition and the hiring of rate case consultants and authorizing their participation in
proceedings before the City and the Railroad Commission; finding that the meeting complied
with the Open Meetings Act; making other findings and provisions related to the subject; and
declaring an effective date.
The following ordinance was considered:
NO. 2006-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING THE
EFFECTIVE DATE OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION’S
REQUESTED RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF
INTENT FILED WITH THE CITY SECRETARY ON MAY 31, 2006 FOR NINETY
DAYS TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH
REASONABLE RATES; TO REQUIRE THE REIMBURSEMENT OF MUNICIPAL
RATE CASE EXPENSES; RATIFYING AND REAFFIRMING THE PARTICIPATION
IN THE ATM COALITION AND THE HIRING OF RATE CASE CONSULTANTS
AND AUTHORIZING THEIR PARTICIPATION IN PROCEEDINGS BEFORE THE
City of Denton City Council Minutes
June 20, 2006
Page12
CITY AND THE RAILROAD COMMISSION; FINDING THAT THE MEETING
COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance.On roll vote, Heggins “aye”,
McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
B.The Council considered adoption of an ordinance directing the publication of
Notice of Intention to issue Certificates of Obligation of the City of Denton totaling $12,665,000;
and providing for an effective date.
Jon Fortune, Assistant City Manager, stated that this ordinance would authorize a notice of intent
to sell certificates of obligation. The funds would be used for street and transportation
improvements, solid waste, vehicles and equipment, airport improvements, Fire Station #7. The
majority of these projects were approved in the Capital Improvement Program, fiscal year ending
2005-2009.
The following ordinance was considered:
NO. 2006-182
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON
TOTALING $12,665,000; AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance.On roll vote, Heggins “aye”,
McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
C.Election of a Deputy Mayor Pro Tem.
McElroy motioned, Thomson seconded to nominate Joe Mulroy for Deputy Mayor Pro Tem.On
roll vote, Heggins “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”
and Mayor McNeill “aye”. Motion carried unanimously.
D.CitizenReports
1.Review of procedures for addressing the City Council.
2.Council received citizen reports from the following:
A.Bob Clifton regarding city business.
Mr. Clifton presented various pictures of issues around the city such as recycling, drainage,
garbage, code enforcement, and power lines over developments such as swimming pools.
B.Jordan Hudspeth regarding concerns of Southeast Denton.
City of Denton City Council Minutes
June 20, 2006
Page13
Ms. Hudspeth wanted to play at Eureka Park but could not because of poison wood.
C.Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth wanted to safely cross Woodrow Street.
D.Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth wanted to be able to safely cross McKinney Street.
E.Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth questioned who was the current Mayor, Ms. Brock or Mr. McNeill as they both
said the same things. He felt the use of the Consent Agenda allowed the Council to not do
business in public. He again brought up the fact that there were no Black fire fighters in Denton,
that the Council did lip service to saving trees but in fact destroyed them, and that there were
streets in the city that could not be crossed by pedestrians. He was also concerned that Hispanics
could not play soccer on City fields on Sundays.
F.Lisa Steinbach regarding feeding the homeless.
Ms. Steinbach stated that she was part of a group that provided hot meals to homeless people in
the Civic Center Park. Other shelters in the area did not provide midday meals on the weekends.
On Cinco de Mayo her group was told that they could no longer bring hot meals to the homeless.
They could only bring prepackaged non-temperature foods. The cost for such meals was too
great for her group. She asked for a solution to the problem. The group was instructed that they
could not bring out restaurant foods to serve nor could they provide fresh fruits and vegetables.
E.New Business
There were no items of New Business suggested by Council Members for future agendas.
F.Items from the City Manager
1.Notification of upcoming meetings and/or conferences.
2.Clarification of items on the agenda.
3.Response to past citizen inquiries.
Interim City Manager Martin asked Janet Fitzgerald, Director of Parks and Recreation, to update
the Council regarding a past citizen inquiry concerning two bids on playground equipment and
the cost of that equipment.
G.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.
H.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act
City of Denton City Council Minutes
June 20, 2006
Page14
Council Member Mulroy directed staff to prepare an agenda item for a Special Called Council
meeting for July 12, 2006 regarding the formation of a Charter Revision Citizen Committee
comprised of seven members selected by Council.
With no further business, the meeting was adjourned at 8:32 p.m.
_____________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
______________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS