Minutes April 24, 20011 32
CITY OF DENTON CITY COUNCIL MINUTES
April 24, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, April 24,
2001, at 5:15 p.m. in the City of Denton Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Deliberations Regarding Certain Public Power Utilities Competitive Matters ---
Under TEX. GOV'T. CODE Section 551.086.**Consultation with Attorney ---
Under TEX. GOV'T. CODE Section 551.071.
(i)
Received a confidential competitive electric utility presentation from
Staff; receive competitive electric market information from Staff and
outside experts; discussed, deliberated, considered, provided Staff with
direction, vote, and take action as necessary regarding future wholesale
power purchase strategies including, but not limited to the replacement of
resources, and the possible sale, transfer, assignment, or other divestiture
of the City of Denton's electric utility system, including, without
limitation: the Spencer generation facility located on Spencer Road in
Denton County, Texas; and the two hydroelectric facilities owned by the
City located in Denton County, Texas. Conduct a consultation with the
City's attorneys in order to obtain the advice and recommendations of the
City's attorneys concerning the above-referenced issues, where to discuss
such issues and matters in a public meeting would conflict with the
attorney's duties and professional responsibilities to their client under the
Texas Disciplinary Rules of Professional Conduct.
Work Session of the City of Denton City Council on Tuesday, April 24, 2001 at 6:00 p.m. in the
Council Work Session Room in City Hall.
1. The Council received a staff report, held a discussion, and gave staffdireetion regarding a
proposed revision to Section 20-1 of the Code of Ordinances regulating noise.
Scott Fletcher, Field Operations-East-Denton Police Department, stated that on January 23,
2001, staff presented a report to Council outlining several proposed revisions to the current noise
ordinance. Following that report, staff received several comments from interested parties
regarding their problems and concerns with the proposed revisions. Based on those comments
and comments from Council, staff continued to research possible solutions to the noise nuisance
issue. The business and residential section of the ordinance specifically targeted music
violations, used decibel levels as an objective standard, kept the hours of the current ordinance,
included lower levels for nighttime noise, and allowed for proactive approach by businesses.
Decibel levels for daytime noise would be 75 dba, nighttime level would be 70 dba. This was
based on staff research of current levels with the levels intended to include ambient noise. Bass
reverberations were one of the more common noise complaints. The ordinance would be based
on the perception of vibration as the standard and would be measured from inside the residence.
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Vehicles would involve clearly audible sound from more than 35 feet, would be applicable to
music and bass, would address the majority of citizen complaints, was based on safety factors
and would be enforceable on sight. Outdoor music festivals would provide measurable standard
for event noise, 70 dba at event perimeter would be permitted, included ambient noise and would
be enforced based on complaints. The department would have a specific policy on how to
handle noise complaints, with detailed procedures for enforcement and would require
documentation for citizen complaints.
Council discussed the provisions of the proposed ordinance centering on violation of all citizen's
rights including those making the noise and those hearing the noise. A concern was expressed
regarding the provisions dealing with outdoor music festivals versus bands playing outdoors on a
regular basis.
Tom Kay spoke to the Council regarding noise around his home from a nearby a club.
Mickey George spoke to Council regarding the revisions of the noise ordinance.
Consensus of the Council was to review the concerns expressed and return for another work
session.
2. The Council received a report, held a discussion, and gave staff direction concerning
cable television rates for Charter Communications.
John Cabrales, Public Information Officer, stated that the City was certified to regulate cable
television rates for basic cable service, equipment, changing tiers, and the hourly service charge.
Under the current franchise agreement, Charter Communications agreed to file for new rates only
once per year. The City received the appropriate FCC forms on March 2, 2001. The City had
one year from that date to issue a rate order establishing the maximum permitted rates that
Charter Communications may charge. He reviewed the proposed rates from Charter as indicated
in the agenda materials. A public hearing would be held on May 1, 2001 for public input and the
Council would consider the ordinance on May 15, 2001.
3. The Council received a briefing and demonstration from staff regarding the Building
Inspections Division's recently implemented permit tracking software and online interface.
Greg Mitchell, Building Official, provided Council with a demonstration on how the
development data was being recorded and used and how online customer services would be
improved for both the general public and builders/contractors.
4. The Council received a report, held a discussion and gave staff direction regarding
amending the Tax Abatement Policy to include additional considerations for expanding
businesses.
Linda Ratliff, Community Development Director, stated that some existing businesses under the
current policy, even though they might spend a great deal of money on renovations of a building,
would not exceed the threshold for a tax abatement. Two clauses were added to address this type
of situation. One clause addressed special consideration for abandoned buildings in an attempt
to more aggressively market facilities that qualified.
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Council Member Cochran suggested a clarification regarding speculative leasing spaces.
Council Member Kristoferson left the meeting.
Consensus of the Council was to proceed with the amendment to the tax abatement policy as
proposed.
5. The Council received a report, held a discussion and gave staff direction on proposed
changes to City Ordinance - Chapter 26 - Utilities. This proposal reflected changes in
operations, technology, and customer needs, and are in preparation for deregulation.
Susan Croff, Utilities Customer Service Manager, stated that Council considered changes to the
ordinance on March 27, 2001 and requested additional information in several areas including the
charging of interest on late payments, the addition of a delinquent penalty charge and a change in
the payment due date and termination of service. A 37 day time line would be implemented
instead of the current longer time flame. The notice of disconnect would be placed on the next
bill instead of sending out a separate notice. However, more personal calls would be made
indicating that disconnection would be made within a few days.
Consensus of the Council was to phase in the changes starting with the reduced time frame and
later consider implementing the penalty and interest fees with an automatic review of the
ordinance in six months.
6. The Council received a report, held a discussion, and gave staff direction regarding
changing the Council's rules to allow discussion and consideration of items pulled from the
consent agenda prior to the public hearings.
Betty Williams, Director of Public Information and Management, stated that due to increased
development activities, numerous public heatings were being considered at each council
meetings. Many times the pubic heatings were quite lengthy and result in a number of staff
waiting to be available to answer Council questions when a pulled consent agenda item was
considered under "Items for Individual Consideration". It was felt that it would be more efficient
to have pulled consent agenda items considered after the consent agenda.
Consensus of the Council was to proceed with the amendment and to incorporate it into a
consolidation of the entire ordinance.
7. New Business
The following items of New Business were suggested by Council Members for future agendas.
A. Council Member Cochran suggested a review of the code enforcement process.
8. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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9. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:50 p.m.
CITY OF DENTON, TEXAS
I~ULINE BROCK, MAYOR
CITY OF DENTON, TEXAS