February 17, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 17, 2009
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Closed Meeting on Tuesday, February 17, 2009 at 1:00 p.m. in the Council Work
Session Room.
PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno,
Mulroy, Thomson and Watts.
ABSENT: None
1.Closed Meeting:
A. Deliberations regarding consultation with the City Attorney – Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations – Under Texas Government Code Section 551.087,
and Deliberations regarding real property – Under Texas Government Code
Section 551.072.
1. Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary rules of Professional conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also held a discussion
regarding the leasing of land and financing of a city facility on University
of North Texas property located at I-35 and North Texas Blvd. The
discussion shall include financial information the City Council will
review, including the offer of financial or other incentives.
B. Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorney – Under Texas Government Code Section
551.071.
1. Consulted with City’s attorneys and held a discussion regarding legal
issues associated with the annexation of approximately 865.92 acres of
land, contiguous and adjacent to the City of Denton. The tracts of land
were located in two distinct areas. The first area (annexation area #1) was
approximately 23.23 acres in size and was generally located between the
City’s current northern city limits and Lake Ray Roberts, south of FM
2153. The second area (annexation area #2) was approximately 842.69
acres and was generally located east of FM 2164 and north of Shepard
Road.
C.Deliberations regarding consultation with the City Attorney – Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations – Under Texas Government Code Section 551.087.
1.Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
City of Denton City Council Minutes
February 17, 2009
Page 2
Act, Chapter 551 of the Texas Government Code. Also held a discussion
regarding granting economic development incentives to Allegiance
Hillview Development, LP with respect to development at Rayzor Ranch.
This discussion shall include commercial or financial information the City
Council has received from Allegiance Hillview Development, LP which
the City Council seeks to have locate, stay, or expand in or near the
territory of the city, and with which the city council is conducting
economic development negotiations; including the offer of financial or
other incentives.
D.Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorney – Under Texas Government Code Section
551.071.
1. Discussed, deliberated and received information from staff and provided
staff with direction pertaining to the grant of an easement for the
construction, maintenance and operation of a rail line within the Denton
Rail Corridor to the Denton County Transportation Authority (DCTA), the
limits of said corridor being all that certain lot, tract or parcel of land
described in that certain Quitclaim Deed from Missouri Pacific Railroad
Company to the City of Denton, Texas dated August 9, 1993, and filed on
August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records
of Denton County, Texas; and also being that same property described in
that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for
record in the Real Property Records of Denton County, Texas as Volume
4857, Page 020211 where such deliberation in an open meeting would
have a detrimental effect on the position of the City Council in
negotiations with DCTA. Consultation with the City’s attorneys regarding
legal issues associated with the granting of said easement above described
where a public discussion of these legal matters would clearly conflict
with the duty of the City’s attorneys to the City of Denton and the Denton
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas.
E. Deliberations regarding consultation with the City Attorney – Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations – Under Texas Government Code Section 551.087.
1.Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code. Also held a discussion
regarding the construction of needed infrastructure in the industrially
zoned area along Airport Road, west of Interstate 35, for the location of an
advanced materials manufacturing company. The discussion shall include
the offer of financial or other incentives for the project.
City of Denton City Council Minutes
February 17, 2009
Page 3
Following the completion of the Closed Session, the City Council convened in a Work Session at
4:15 p.m.
1.Staff responded to requests for clarification of agenda items listed on the agenda for
February 17, 2009.
Council Member Watts questioned if notification had been given residents along Oak-Hickory
regarding the possible one-way change in traffic.
City Manager Campbell indicated that the Oak-Hickory pairing was scheduled for a discussion
on the work session and that issue would be discussed then.
Mayor Burroughs questioned the 1998 date of the interlocal agreement for Item 3C.
Tom Shaw, Purchasing Agent, stated that the original agreement in 1998 between the two
entities remains in effect until cancelled by one party.
Mayor Burroughs noted that the airport lease in Item 3G had no recommendation from the
Airport Advisory Board. He questioned why it was on the Consent Agenda.
City Manager Campbell stated that the Airport Advisory Board tabled the item because they had
a problem with the indemnification provision. However, the applicant was comfortable with that
provision and wanted to move forward with the agreement.
Council Member Mulroy asked if that language had been supplied by the Legal Department.
City Attorney Burgess replied that it was identical to a lease done in a prior meeting per the
direction of Council.
City Manager Campbell stated that the Council could approve the agreement and take another
look at the language.
Council Member Thomson stated that members of the Airport Advisory Board had spoken to
him that some companies were not able to get insurance. He was not comfortable approving the
agreement without a recommendation from the Board.
Item 3 was considered.
3.Council received a report, held a discussion and gave staff direction regarding the Water,
Wastewater, and Engineering Management Study performed by Matrix Consulting Group.
Jim Coulter, Director of Water/Wastewater, stated that it was a Charter requirement to do this
study every 10 years.
Greg Matthews, Matrix Consulting, presented an overview of the study. The project scope of
work included (1) assisting Denton Water Utilities in the independent analysis of various
operations of Water, Wastewater and Utility/CIP Engineering; (2) performing a comparative
analysis of existing operations relative to best management practices and other regional water
and wastewater utilities; (3) making recommendations relative to efficient and effective
organizational structures and operations with an emphasis on both staffing and service levels
City of Denton City Council Minutes
February 17, 2009
Page 4
now and in the foreseeable future; and (4) fulfilling the requirement to review these utilities
every 10 years per city charter.
Methodologies - Matrix Consulting interviewed with the CM, the Assistant City Managers,
Denton Water Utilities, engineering managers, supervisors and elected staff, collecting extensive
data. This data provided a comparative analysis against best management practices and six
regional Water/Wastewater utilities and analyses of various Denton Water Utilities operations
including staffing, assignment practices, work flows, the use of technology, and standard
operating procedures.
Major findings – Denton Water Utilities services were deservingly well-regarded including
providing quality drinking water and wastewater effluent, maintaining reliable infrastructure,
consistently in regulatory compliance, and charging reasonable and competitive rates for service.
Based on best management practices and regional agency comparisons, Denton Water Utilities
performed favorably in a number of functional areas. There were some organizational, staff
allocation, and work process improvement opportunities that could be implemented.
Primary conclusion – Denton Water Utilities had some technically sophisticated plant processes
but otherwise functions similar in regards to most internal operations. It had implemented several
best management practices with only moderate opportunities to implement other best practices.
There were no opportunities to decrease currently filled positions, a few opportunities to
eliminate vacancies, and some opportunities for modest staff increases. One of the vital few
improvement opportunities was related to further standardization and use of computerized
maintenance management systems.
Summary of primary recommendations - Various Water Divisions should increase staffing of
one additional position; various Wastewater Divisions should increase three additional positions;
no net changes in Environmental Services and Utility/CIP Engineering, implement some
additional project management best management practices in Engineering. Develop a
comprehensive information technology strategic plan for Denton Water Utilities. In Water and
Wastewater operations, whether a revision of existing computerized system or a new
consolidated technology project, implementation of a comprehensive computerized maintenance
management system with a full suite of capabilities should be the highest priority.
Mayor Burroughs asked what could be done to improve customer relations as an end goal for the
Development Review process.
Matthews stated that it was initially not a focus of the study but did become one as the study
progressed. In other cities, they worked with a focus group in the community to get feedback on
how to improve services. A blue ribbon committee was developed to work on the process and to
make recommendations. He suggested Denton consider developing a blue ribbon committee to
work with staff and community members.
Council Member Mulroy noted that the Public Utilities Board report advocated a 100 day turn
around requirement as a good benchmark.
Matthews replied that was a best management practice. Many agencies did not achieve that
benchmark but would be a goal to reach.
Council returned to the regular agenda order.
City of Denton City Council Minutes
February 17, 2009
Page 5
2.Council received a report, held a discussion, and gave staff direction on proposed Articles
I – XII of the Denton Property Maintenance Code, Chapter 17 of the Code of Ordinances. The
Citizens Code Committee and the Council Property Maintenance Code Committee recommended
approval.
John Cabrales, Public Information/Intergovernmental Relations Officer, stated that current codes
that addressed maintenance issues were located in various chapters of the city’s Code of
Ordinances. Some of the language in the various chapters contradicted itself may be vague or
not present at all. The proposed ordinance addressed such issues as chronic offenders,
established a 120 day time frame for inoperable vehicles in a repair business, defined tree
canopy, added protection to native grasses, addressed outside storage, outside displays, the
maintenance of perimeter fences and when they needed to be repaired, auto shade coverings,
improved parking surface conditions, service of notice by code enforcement and codified
practices currently being performed. The proposed ordinance placed all language in one
document, added language to allow staff to address complaints from residents and formatted the
document for easy reading.
Council Member Thomson asked about the two week effective date of the ordinance.
Cabrales stated that with community education the ordinance would take effect two weeks from
date of passage.
Mayor Burroughs asked about notification of violations for multiple properties with one owner.
Cabrales stated that the notices were done based on the property, not on the owner of the
property.
3.The Council received a report, held a discussion and provided direction regarding a
proposed interlocal cooperation agreement between the City of Denton and the Denton County
Transportation Authority regarding the use of a portion of the Denton Branch Rail Trail for the
purpose of public commuter rail service.
This item was not considered.
4.The Council received a report, held a discussion and gave staff direction regarding the
Oak-Hickory one-way street design.
Frank Payne, City Engineer, presented the background information on the item. A public
meeting with citizens was held concerning the proposal and the Council Mobility Committee had
considered the item. The overall response was favorable. Bicycle lanes would not be included
as the width of the streets would not safely accommodate the lanes. If the lanes were added,
either the streets would have to be widened or the driving lanes narrowed which was not
recommended. This proposal was not scheduled for a public hearing; however, if Council felt
one was desirable, it could be done with no problem.
Mayor Burroughs asked about the width of bicycles lanes.
Payne stated that they could be any width but less than six feet would be public safety issue. The
lanes also needed to be painted for safety.
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February 17, 2009
Page 6
Mayor Burroughs stated that if the City were going to promote alternative transportation, these
issues would have to be addressed. The Oak-Hickory area was a good area to promote this
concept.
Jim Coulter, Director of Water/Wastewater, stated that a pedestrian-bike pathway committee had
been formed to work on these topics. The committee was meeting with the University for
coordination in the areas around UNT.
Mayor Pro Tem Kamp asked about the side streets in the area in terms of parking on those streets
when this change was made.
Payne stated it was discussed at the Traffic Safety Commission. There was no consistent level of
complaints in the area for side street parking. There were some concerns for sight distances
which the one-way traffic pattern would improve.
Council Member Watts asked if there had been enough public notification to not have a public
hearing.
Payne stated that if there was any doubt about notification, he would rather have a public hearing
and send out notices. It would be better to be conservative than not.
5.The Council received a report, held a discussion and gave staff direction regarding the
formation of a Charter Review Committee.
City Attorney Burgess stated that the main issue was council term limits. The item was tabled
from the council meeting of February 3rd. The issues raised at the last meeting dealt with scope
of review to be considered by a committee. One opinion was to look at only 2.10 of the Charter
while another line of thought was to look at the entire Chapter 2. Another issue dealt with
number of committee members. Originally the resolution indicated 14 members but was
changed to 21. An issue had also been raised concerning compensation for council members.
The Charter did not deal with compensation so if Council wanted to look at that issue, it could be
included with the Charter Committee or Council could just pass an ordinance enacting
compensation.
Council Member Mulroy stated that there were some ambiguities in Chapter Two that might be
considered. If compensation were on the table, the citizens committee could work on that issue.
He suggested using the committee to provide clarity and cleanup on these areas and others.
Council Member Thomson felt that compensation should not be part of the Charter review. He
felt it was imperative to have the citizens empowered to deal with the term limits and the whole
issue in 2.01.
Mayor Burroughs stated that the last Charter committee did not consider term limits. Other than
2.01 there was no compelling need to change the Charter. A definitive charge should be issued
to work on 2.01. Twenty-one members on the committee seemed to be a consensus of the
Council rather than fourteen members. Compensation could be done in a public forum rather
than a Charter committee.
Council Member Watts felt that the term limit issue included the three consecutive term issue
and the ability to switch seats. If the committee were addressing length of terms as well as term
City of Denton City Council Minutes
February 17, 2009
Page 7
limits, that would be an expansion of the charge. The charge last time included term limits as
previously presented but also an increase in council terms of office.
City Attorney Burgess indicated that the charge included both aspects.
Council Member Watts stated that the issue was not just limited to terms of office but also length
of office.
Council Member Mulroy stated that Section 2 was not that large for the committee to consider
plus the relevant portion of Section 3.
Council Member Moreno stated that he would like to limit the scope of the committee but
looking through the document there were a number of questions in sections that might need to be
addressed.
City Attorney Burgess stated that the charge could be worded to review term limits including
2.01 and any other provision in the Charter that might impact terms of service and/or changes of
position.
Regular Meeting of the City of Denton City Council on Tuesday, February 17, 2009 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
1. Severe Weather Awareness Week
Mayor Burroughs presented a proclamation to Michael Penaluna, Emergency Management
Coordinator, for Severe Weather Awareness Week.
3. CONSENT AGENDA
Mayor Burroughs indicated that Item G would be pulled for separate consideration.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item G. On roll vote, Heggins “aye”, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
Item G was considered.
Thomson motioned to refer the item back to the Airport Advisory Board as they had not made a
recommendation on the agreement. Council Member Heggins seconded the motion.
City of Denton City Council Minutes
February 17, 2009
Page 8
Council Member Mulroy stated that he could not support the motion as the applicant was in
favor of the changes to the indemnity clause and that he could get insurance with no problem.
Mark Nelson, Director of Transportation, stated that he would like some time to call some
insurance companies to substantiate that claim.
City Manager Campbell stated that there was the potential that the insurance provision could
cause some problems with some applicants but that the current applicant did not have a problem
with the provision.
Mayor Pro Tem Kamp stated that there were two different issues to consider. One was the
insurance issue but before them was an applicant was asking for council to approve his lease.
On roll vote to refer the item back to the Airport Advisory Board, Heggins “aye”, Kamp “nay”,
Moreno “nay”, Mulroy “nay”, Thomson “aye”, Watts “nay”, and Mayor Burroughs “nay”.
Motion failed with a 2-5 vote.
Mulroy motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins “nay”, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “nay”, Watts “aye”, and Mayor Burroughs “aye”.
Motion carried with a 5-2 vote.
A.2009-037 - An ordinance authorizing the City Manager to approve an agreement
with Fidelity Express to provide additional payment locations for utility
customers; and providing an effective date. The Public Utilities Board
recommended approval (6-0).
B.2009-038 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton
Water Treatment Plants; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4239–Annual Contract for Water Treatment
Chemicals awarded to the lowest responsible bidder for each item in the annual
estimated amount of $1,300,000). The Public Utilities Board recommended
approval (5-0).
C.2009-039 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of six
police sedans; providing for the expenditure of funds therefor; and providing an
effective date (File 4226–Interlocal Agreement for Police Sedans with Tarrant
County, contract awarded to Philpott Ford Inc. in the amount of $138,345).
D.2009-040 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with City of Fort Worth and awarding a contract for the purchase of
gasoline and diesel fuel; providing for the expenditure of funds therefor; and
providing an effective date (File 4256–Interlocal Agreement for Purchase of Fuel
with City of Fort Worth, contract awarded to Martin Eagle Oil Co., Inc. in the
estimated amount of $5,200,000).
City of Denton City Council Minutes
February 17, 2009
Page 9
E.2009-041 - An ordinance of the City of Denton, Texas approving an Agreement
between the City of Denton and the North Texas Umpire Association;
determining a sole source andapproving the expenditure of funds for the purchase
of certified softball officiating services available from only one source in
accordance with the provisions of the state law exempting such purchases from
the requirements of competitive bids; and providing an effective date (File 4259–
Agreement with North Texas Umpire Association in the amount per game as
specified in the agreement for an estimated award of $65,000).
F.2009-042 - An ordinance of the City Council of the City of Denton, Texas
approving Amendment No. 1 to Tower Lease by and between the City of Denton
and Dallas MTA, L.P. d/b/a Verizon Wireless; and providing an effective date.
The Public Utilities Board recommended approval (5-0).
G.2009-043 - An ordinance approving an assignment of leasehold interest in a
commercial operator airport lease agreement at Denton Municipal Airport from
Jack Faas to Planes of History, Inc. located at 4665 Spartan Lane at the Denton
Municipal Airport and providing for changes to indemnification and insurance
requirements of the leasehold; and providing an effective date. The Airport
Advisory Board tabled the item (7-0).
H.2009-044 - An ordinance of the City of Denton, Texas, on second reading,
annexing by consent tracts of land consisting of approximately 865.92 acres,
contiguous and adjacent to the City of Denton. The tracts of land are located in
two distinct areas. The first area (annexation area #1) is approximately 23.23
acres in size and is generally located between the City’s current northern city
limits and Lake Ray Roberts, south of FM 2153. The second area (annexation
area #2) is approximately 842.69 acres and is generally located east of FM 2164
and north of Shepard Road. The proposed ordinance will also approve a service
plan for the annexed property and provide a severability clause and an effective
date (A08-0001). The Planning and Zoning Commission recommended approval
(5-0).
I.Approved the minutes of:
February 2, 2009
February 3, 2009
4.PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the
use of designated groundwater from beneath the property, generally described as the 0.79 acre
tract, being part of Lot 1, Block 1 Victoria Square, generally at the northeast corner of South
Locust and East Prairie Streets, Denton, Texas, to facilitate certification of a municipal setting
designation ("MSD) of said property by the Texas Commission on Environmental Quality
("TCEQ), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date.
City of Denton City Council Minutes
February 17, 2009
Page 10
Mark Cunningham, Director of Planning and Development, stated that the request was for a
municipal setting designation. The site had a history of vehicle sales and vehicle repair and
currently was being developed for multifamily use.
Ken Banks, Manager-Division of Environmental Quality, stated that Ordinance 2008-150
approved municipal setting designations that prevented access to designated ground water. A
municipal setting district recognized that in some locations, groundwater was not utilized as a
potable water source in the vicinity of a contaminated groundwater zone. This ensured that the
groundwater would not be used for potable purposes. The TCEQ could remove the requirement
for certain groundwater cleanup standards. If approved, this ordinance would establish a
restriction that designated groundwater at the site as non potable. Applicant must apply to the
TCEQ to undergo the review process and must demonstrate that the site had been remediated
according to State law. The groundwater was 10-12 feet below the surface of the ground.
Storage tanks on the site by the former car dealership were removed in the 1980s. Staff
recommended support of the request; including enacting the ordinance to facilitate the state
review process and adopting the associated deed restriction to facilitate the site closure.
Council Member Watts stated that the proposal would be waiving the requirement for potable
water but not for other pollutants for the soil and questioned why the Council was reviewing it at
this stage of development.
Banks stated that a site assessment had been done on the soils and the only contamination was
with the groundwater.
Kevin Ware, KJ Environmental, stated that they had done soil samples and well monitoring after
the wells were established.
Council Member Watts stated that the only problem was with the water.
Ware replied correct.
Council Member Thomson asked when the soil samples were done.
Ware replied that the soil samples were done in late April or early May. He reviewed the stages
of investigation for pollutants.
Council Member Thomson asked why the City was not notified of the problem in May and how
the building permit was issued.
Ware stated that environmental pollution was not required to be reported to a city. It was not the
responsibility of the property owners to do anything. Mr. Bell asked for evaluation even though
he was not required to do so by state, federal or local authorities.
Mayor Pro Tem Kamp asked for the number of meeting notices that were sent regarding the
citizen.
Banks replied about 270 notifications.
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February 17, 2009
Page 11
Mayor Pro Tem Kamp stated that almost 30 citizens were present at the meeting and asked for a
general reaction after the meeting.
Banks stated that these were complicated regulations to understand. There were still some
limited concerns but the citizens in attendance had a better understanding of what the municipal
setting district was designed to do.
Mayor Pro Tem Kamp stated that even if the Council approved the designation, the applicant
was still not finished with the TCEQ.
Banks stated that the applicant needed to have this ordinance before he could even start with the
TCEQ.
Council Member Watts asked if the TCEQ only looked at the level of groundwater pollution.
Banks stated that the TCEQ looked at every aspect of the site and was not restricted to just the
groundwater.
Council Member Moreno stated that at one time there were other car dealerships in the area. Did
the testing go offsite for any other contaminants?
Ware stated that the testing was only on the property boundaries. The limit of the contamination
was localized with other well sites below detection.
Mayor Burroughs asked about the possibility of drilling a well on the site in the future.
Banks stated that if the ordinance were approved, a copy would be sent to the Pollution
Abatement Officer and would be recorded in the property records of the City and County. It
would also be in the GIs mapping system and data base.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Vicki Oppenheim, KJ Environmental, spoke in favor.
Jack Bell, applicant, spoke in favor.
Kevin Ware, KJ Environmental, spoke in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2009-045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
AUTHORIZING THE ACCEPTANCE OF DEED RESTRICTIONS PROHIBITING
THE USE OF DESIGNATED GROUNDWATER FROM BENEATH THE
PROPERTY, GENERALLY DESCRIBED AS THE 0.79 ACRE TRACT, BEING PART
OF LOT 1, BLOCK 1 VICTORIA SQUARE, GENERALLY AT THE NORTHEAST
City of Denton City Council Minutes
February 17, 2009
Page 12
CORNER OF SOUTH LOCUST AND EAST PRAIRIE STREETS, DENTON, TEXAS,
TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION
("MSD) OF SAID PROPERTY BY THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY ("TCEQ), PURSUANT TO THE TEXAS SOLID
WASTE DISPOSAL ACT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Watts seconded to adopt the ordinance as presented. . On roll vote, Heggins
“aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
designating portions of Oak Street and Hickory Street as one-way streets; designating no parking
on portions of Oak Street and Hickory Street; providing a repealer clause; providing a savings
clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing
for an effective date. The Traffic Safety Commission recommended approval (7- 0).
Frank Payne, City Engineer, stated that approval of this ordinance would provide for the
conversion of two way traffic on Oak and Hickory Streets and the designation of no parking on
portions of Oak and Hickory. A public hearing was not required but as this was not an urgent
matter, it could be postponed in order to allow for a public hearing.
Council Member Watts noted that the pubic had an opportunity to speak on the proposal and it
was heard twice at the Traffic Safety Commission.
Mayor Burroughs stated that in the future he would like a goal to get connectivity for bicycle
lanes to downtown and the multimodal station. If bicycle lanes could not be done, he would like
to see a study on how many specific parking spaces would be lost to have some established.
A Comment Card was received from Kevin Bradshaw, in favor of the proposal.
The following ordinance was considered:
2009-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS
OF OAK STREET AND HICKORY STREET AS ONE-WAY STREETS;
DESIGNATING NO PARKING ON PORTIONS OF OAK STREET AND HICKORY
STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Heggins motioned, Thomson seconded to adopt the ordinance. . On roll vote, Heggins “aye”,
Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 17, 2009
Page 13
B. The Council considered approval of a resolution creating a Charter Review
Committee to consider and advise the City Council whether and in what manner to revise City
Charter provisions governing mayor and council member terms of service or changes of position
during terms of service on the City Council and providing an effective date.
Kamp motioned, Mulroy seconded to remove this item from the table. On roll vote, Heggins
“aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
City Attorney Burgess stated that the Council had a revised resolution to consider.
Mulroy motioned to approve the resolution as revised. There were cleanup housekeeping items
that Legal could review and possibly include with the same election as with the terms, etc.
Council Member Watts felt that the language in Section 3 directly impacting the term issue
should be added to the charge.
City Attorney Burgess replied that it could be added for a clearer refection as a preamble.
Watts seconded motion the motion. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried
unanimously.
.
The following resolution was considered:
NO. R2009-005
A RESOLUTION CREATING A CHARTER REVIEW COMMITTEE TO CONSIDER
AND ADVISE THE CITY COUNCIL WHETHER AND IN WHAT MANNER TO
REVISE CITY CHARTER PROVISIONS GOVERNING MAYOR AND COUNCIL
MEMBER TERMS OF SERVICE OR CHANGES OF POSITION DURING TERMS
OF SERVICE ON THE CITY COUNCIL AND PROVIDING AN EFFECTIVE DATE.
C. The Council considered nominations/appointments to the City’s Boards and
Commissions:
1. Historic Landmark Commission
2. Traffic Safety Commission
3. Charter Review Committee
Council Member Moreno did not have a nomination for the Historic Landmark Commission.
Mayor Burroughs nominated Zack Tucker to the Traffic Safety Commission with the condition
that the provisions of his application be verified. On roll vote, Heggins “aye”, Kamp “aye”,
Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.
The following individuals were appointed to the Charter Review Committee:
Council Member Thomson – Dorothy Damico, Salty Rischel, John Paul Eddy
City of Denton City Council Minutes
February 17, 2009
Page 14
Council Member Heggins – Sherrie McDade, Dale R. Tampe, Kevin Roden
Council Member Mulroy – Derrell Bulls, Mike Cochran, Richard Hayes
Mayor Pro Tem Kamp – Bill Giese, John Siegmund, Randy Robinson
Council Member Watts – Marty Rivers, Linnie McAdams, Kathleen Wazny
Mayor Burroughs – Jim Alexander, Pat Cheek, Jean Schaake
Council Member Moreno – none at this time
D. Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
A.Bob Clifton regarding a Power Point presentation on various
needed city improvements.
Mr. Clifton presented a document regarding attorney fees and questioned why there was not a
new delinquent tax collector.
B.Catherine Bell regarding the manager of the Senior Center Legion
Building and Denia Recreation Center.
Ms. Bell was not present at the meeting.
C.Alma Clark regarding the manager of the Senior Center Legion
Building.
Ms. Clark spoke on behalf of the Seniors at the American Legion Senior Center. They were
distressed over the events of the resignation of the center manager. She regretted that the City
did not take the action of the management to the Parks Board. She requested a review of the
recreation department.
D.Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth spoke regarding the resignation of Bobbie Givens. Mr. Givens was raising money
to file a lawsuit with the Justice Department regarding racism in his leaving employment with
the City. Mr. Hudspeth felt several park employees should be fired over this situation.
E.Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke regarding Bobbie Givens keeping his job.
F.Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth stated that she wanted Bobbie Givens to keep his job.
G.Hagar Hudspeth regarding concerns of Southeast Denton.
City of Denton City Council Minutes
February 17, 2009
Page 15
Ms. Hudspeth stated that she wanted Bobbie Givens to keep his job at MLK.
E. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting.
Council Member Watts requested a memo or work session regarding environmental issues
associated with building permits.
F. 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.
G. 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 8:00 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS