Minutes May 22, 2001CITY OF DENTON CITY COUNCIL MINUTES
May 22, 2001
169
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, May 22, 2001 at 5:15 p. m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips,
and Redmon.
ABSENT: Mayor Brock
1. The Council considered the following in Closed Meeting:
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
The Council received legal advice from the City Attorney regarding the
awards of special commissioners and procedural options in condemnation
proceedings styled The State of Texas and City of Denton, Texas vs. R.D.
Martin, Cause No. ED-2000-01212 and The State of Texas and City of
Denton, Texas vs. Tex Morgan Martin, Cause No. ED-2000~01211
pending in the Probate Court of Denton County, Texas.
Special Called Session of the City of Denton City Council on Tuesday, May 22, 2001 at 6:00
p.m. in the Council Chambers at City Hall.
1. The Council held the first of two public hearings to consider the involuntary annexation
and service plan for approximately 2,226 acres of land generally located south of FM 2449, west
of 1-35 West, north of Robson Ranch Road and partially west of the Robson Ranch Development
and John Paine Road in the extraterritorial jurisdiction (ETJ) of the City of Denton. (A-Ol-O005,
Hunter Ranch Annexation)
Dave Hill, Assistant City Manager for Development Services, stated that the staff had received
one response regarding the public hearing. This was the first public hearing regarding this
annexation. The schedule for annexation was included in the back-up materials. The Council
would have to decide whether to include two other parcels in the annexation that would make the
annexation line continuous and complete.
The Mayor Pro Tem opened the public heating.
Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201, spoke in opposition to the annexation.
He requested a delay in the annexation for 90-100 days in order to drill a preliminary well to
determine if gas was in the area. If them were no gas, the annexation would not be necessary. If
them were gas in the area, he would proceed with the annexation.
R. C. and Gelia Coleman presented a speaker card with their concerns.
Council Member Burroughs asked if Mr. Shupe would be willing to formalize an agreement
supporting what he was requesting at this meeting.
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City of Denton City Council Minutes
May 22, 2001
Page 2
Shupe replied correct.
Hill stated that staff and the developer could meet to work on a time schedule for annexation that
would incorporate the suggestion by Mr. Shupe.
Consensus of Council was to proceed with an extended schedule for annexation with staff and
the developer working on the details of the schedule.
2. The Council considered appointments to City Council Committees.
Phillips motioned, Redmon seconded to suspend the rules to consider expanding the Agenda
Committee membership to allow for an additional city council member. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion
carded unanimously.
McNeill motioned, Phillips seconded to appoint Council Members Burroughs and Redmon to the
Agenda Committee along with the Mayor and City Manager. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
Following discussion, the Council made appointments to the Council Committees as noted in
Attachment A.
Following the completion of the Special Called Session, the City Council convened into a Work
Session in the Work Session Room to consider the following:
1. The Council received a report, held a discussion, and gave staff direction regarding an
ordinance amending Chapter 24, entitled "Solid Waste", of the Code of Ordinances of the City of
Denton, Texas, by amending Section 24-2 entitled "Definitions"; amending Section 24-42
entitled "Charges for Residential Service"; adding Section 24-43 entitled "Automated
Collection"; providing a penalty in the amount of $2,000 for violations thereof; providing for a
savings clause, providing for a severability clause; and providing an effective date.
Howard Martin, Assistant City Manager of Utilities, stated that the Public Utilities Board had
approved the proposed ordinance and the Council had reviewed it and recommended changes.
On May 7, the PUB reviewed and approved the revised ordinance. He stated that staff wanted
direction from the Council whether to proceed with the proposed ordinance. The proposed
ordinance included the following changes: the automated container would be assigned to the
street address; the containers would be the property of the City and maintained by the customer
without damage; all waste must be bagged prior to placement in the container; the earliest
placement at the curb would be 6:00 p.m. prior to the date of service with removal from curb by
8:00 a.m. following the day of collection; stolen containers were to be reported to both the Police
Department and Solid Waste; container lids w~r~ to be kept closed at all times and no items were
to be placed on top of containers; additional containers were available for heavier waste volume
customers; only City of Denton authorized containers would be serviced; and there would be no
pick up of additional waste outside the container. The proposed ordinance also established
delivery fees for the delivery of replacement containers and solid waste residential service may
be discontinued if the customer elected to not pay his bill.
City of Denton City Council Minutes
May 22, 2001
Page 3
17 '1
The Council recommended proceeding with the proposed ordinance.
2. The Council received a report, held a discussion, and gave staff direction regarding
preliminary findings of the community recycling survey conducted for the City by the Survey
Research Center at the University of North Texas.
Howard Martin, Assistant City Manager of Utilities, reviewed the results of the survey. He
stated that the Public Utilities Board felt the survey was too narrow in scope and did not
adequately cover the opinions of Denton's population.
Council Member Redmon asked about recycling appliances and perhaps placing a local
businessman on the committee.
Martin stated that the City had a contract with a vendor who recycled appliances.
Council Member McNeill wanted to know what was the Public Utilities Board's opinion on
curbside recycling.
Martin stated that the Public Utilities Board felt that it might be cost prohibitive for the City at
this time.
Council Member Fulton asked how much it cost the City to recycle.
Martin stated that the City recycled about 3500 tons per year at a cost of $138 per ton.
Council Member Fulton stated that the City needed to decide if it wanted to be a City that
recycled or not.
General consensus of the Council was to keep the recycling bid on the agenda for June 5 but also
check on an extension on the curbside recycling bid and receive more information about the cost
impact to the City.
Council Member Redmon asked about the possibility of doing a different survey with more
realistic figures regarding the cost to the City.
3. The Council received a report, held a discussion and gave staff direction regarding a
proposed timeline for Board/Commission appointments.
Betty Williams, Director of Management and Public Information, briefed the Council on the
timeline.
Mayor Pro Tern Beasley suggested including information on the Boards and Commissions as an
insert in the utility bills next year.
Consensus of the council was to proceed with the timeline as proposed.
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City of Denton City Council Minutes
May 22, 2001
Page 4
4. The Council received a report, held a discussion, and gave staff direction regarding
options to initiate a zoning case to either amend the existing Specific Use Permit (Ordinance No.
83-54) or issue a new Specific Use Permit for a mobile home park known as Center Point Mobile
Home Community located on Fort Worth Drive south of 1-35.
Dave Hill, Assistant City Manager of Development Services, asked the Council for direction on
this item. The current Specific Use Permit was for the addition to the mobile home park.
Ed Snyder, Deputy City Attomey, stated that the ordinance could not just be amended. A new
zoning case would have to be initiated.
Hill stated if the Council wanted to recognize the entire piece of property under the SLIP, it
would be better for the property owner to have the City initiate the zoning process.
Consensus of the Council was to talk with Mr. Cassar to determine how he would like to proceed
before the City initiated the zoning process. If the City initiated the zoning process, all fees
would be waived.
5. New Business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Phillips asked for a special called meeting to appoint new board
appointees and a closed meeting to discuss the sale of electric generation.
Council Member Redmon asked if the closed meeting could include the consultant.
Council Member McNeill asked for a recommendation from the PUB if available.
6. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
7. 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 8:57 p.m.
iNNIFE~ WALTERS
TY SECRETARY
CITY OF DENTON, TEXAS
RONI BEASLEY, MAYOR J~O TEM
CITY OF DENTON, TEXAg
173
CITY COIINCII~ COMMITTEES 2001-02
AGENDA COMMITTEE
Mayor Brock
City Manager Conduff
Council Member Burroughs
Council Member Redmon
AUDIT COMMITTEE
Mayor Brock
Council Member Phillips
INVESTMENT POI ,ICY COMMITTEE
Mayor Brock
Mayor Pro Tem Beasley
[,Al ,OR FI]ND COMMITTEE
Mayor Brock
Council Member McNeill
Council Member Redmon
COMMIINITV .HISTICE COUNCIl,
Council Member Redmon
I,AKE RAV ROIIERTS P & Z
Mayor Pro Tem Beasley
CONVENTION & VISITORS BUREAU
Mayor Pro Tem Beasley
Council Member Fulton
JOINT TAX ABATEMENT COMMITTEE
Council Member Phillips
Council Member McNeill
ENVIRONMENTAl, COMMITTEE
Council Member Fulton
Council Member McNeill
Council Member Phillips
Mayor Brock
DAI,I,AS REGIONAl, MOBIl,lTV COALITION
Council Member Burroughs
REGIONAl, TRANSPORTATION COUNCIl,
Council Member Burroughs
COUNCIl. MORII JTV COMMITTEE
Council Member Burroughs
Mayor Pro Tern Beasley
Council Member McNeill