Minutes August 14, 2001348
CITY OF DENTON CITY COUNCIL MINUTES
August 14, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, August 14, 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, Fulton,
McNeill, Phillips and Redmon.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
Considered and discussed possible settlement of potential threatened
litigation involving a claim of the United States against the City and
others, regarding activities of PCB, Inc.; and consulted with the City's
attorneys on a matter in which the ethical duties of the attorneys under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly require such a consultation to be held in private.
Work Session of the City of Denton City Council on Tuesday, August 14, 2001 at 6:00 p.m. in
the Council Work Session Room.
1. The Council received a report from Richard Franco regarding proposed developments of
the Denton Housing Authority.
Council Member Redmon left the meeting with a potential conflict of interest.
Richard Franco, Director of Denton Housing Authority, presented a schematic drawing for the
elevation on the proposed elderly housing on Lakey and Wilson Streets. These were preliminary
designs and suggested layouts for the proposals. There would be eight units on Lakey Street
with one and two bedrooms for the elderly, 62 years old and older. There would be two
bedrooms also on the site. The units were patterned after the same design as the units on Hinkle
Street. There would be twelve units on Wilson Street. The units would be rental units and not
for sale. The units would be equipped to handle special needs such as grab bars and wider doors
for wheel chairs.
Mayor Pro Tem Beasley asked about other projects proposed by the Denton Housing Authority.
Franco stated that he would have to go to his Board to see how to proceed with the other projects
they had proposed.
Council Member Burroughs stressed the need for the Housing Authority to get buy-in from the
neighbors.
Council Member Phillips asked about rebuilding on the present Phoenix site.
Franco stated that he had no problem with rebuilding on the Phoenix site.
City of Denton City Council Minutes
August 14, 2001
Page 2
349
Council Member Redmon retumed to the meeting.
2. The Council received a report, held a discussion and gave staff direction regarding
Southeast Denton Small Area Plan.
Dedra Ragland, Planning and Research Manager, stated that the Southeast Denton Planning Area
was the area bounded by McKinney Street to the north, Woodrow Street to the east, Shady Oaks
Street to the south and Dallas Street, Wainwright Street and Bell Avenue to the west. Staff had
contacted numerous organizations in the area to be involved in the process. The planning
process for the area was initiated in May 2000. Since that time, there were 6 formal
neighborhood meetings to review and discuss issues, concerns, goals and strategies to identify a
vision for the community. As a result of the citizen input and review, redevelopment of the
southeast Denton area's homes and neighborhoods was the single most important element of the
overall plan. Two options had been identified. Option one would work towards the
development of an area-wide land use plan that identified an appropriate balance between single-
family homes, multi-family dwellings, and nonresidential uses. Once created, the
implementation plan would include an Affordable Housing Strategy designed to involve the
Denton Housing Authority, the City of Denton, and others interested in the provision of safe,
decent, and affordable housing. Option two would wait for Council review and decision on all
Denton Housing Authority rezoning applications, and record the Council decisions as accepted
constants within the framework of the Southeast Denton Small Area Plan. Staff was
recommending Option One.
Council Member Redmon stated that he would like to see more affordable housing in the area
and make the area more walkable for the residents. He would like to have more minority
businesses in the area. He did not want to focus on just one type of housing in the area and
broaden the vision for the area.
Consensus of the Council was to proceed with the schedule as proposed for the Plan.
3. The Council received a report, held a discussion and gave staff direction regarding the
following annexation issue:
TRIO Operating Company: the development of a natural gas field was
proposed on approximately 104 acres generally located north of Jim Crystal Road,
south of University and west of Masch Branch Road in the western section of the
City of Denton Extraterritorial Jurisdiction (ET J).
Doug Powell, Director of Planning and Development, stated that TRIP Operating Company was
proposing to develop approximately 104 acres for natural gas. Staff was recommending
annexation of the property to ensure that the proposed development was compatible with
adjacent properties and that city standards and policies were maintained.
Consensus of the Council was to proceed with the annexation.
4. The Council received a report and held a discussion concerning water and wastewater
impact fees.
5 0 City of Denton City Council Minutes
August 14, 2001
Page 3
Tim Fisher, Assistant Director of Water Utilities, stated that the Council had passed an impact
fee ordinance in 1998 to fired water and wastewater treatment infrastructure that would be
required as development occurred. The impact fees collected with this ordinance could only be
used to fired capital construction costs for water and wastewater treatment facilities identified in
the Impact Fee Capital Improvements Plan. Options for the Council to consider were to revise
the current ordinance at this time to clarify intent and to facilitate implementation of the impact
fee ordinance uniformly and with fewer exceptions or make revisions to the ordinance at the time
the City needed to change the ordinance for the three year capital plan revisions or the
incorporation of the Phase II impact fee that would be considered line impact fees. Staff was
recommending revisions to the ordinance prior to ordinance revisions for the three year capital
plan revisions or the Phase II impact fee revisions as noted in the agenda back-up materials.
Council Member Phillips requested that staff look into an exemption for school districts from the
impact fees.
5. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Burroughs motioned, Beasley seconded to authorize the Mayor to take action on the item
authorized under the Executive Session. On roll vote, Beasley "aye", Burroughs "aye", Fulton
"aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded
unanimously.
6. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Mayor Brock suggested a work session review of the bid process.
B. Council Member Phillips requested a re-look at the recycling bids
Following the completion of the Work Session, the Council convened into a Special Called
Meeting to consider the following:
1. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas placing a proposal on the September 4, 2001, City Council Public meeting
Agenda to adopt a 2001 tax rate that will exceed the lower of the rollback rate or 103 percent of
the effective tax rate; calling a public hearing on a tax increase to be held on August 28, 2001;
requiring publication of a Notice of Public Hearing on a tax increase in accordance with the law;
and providing an effective date.
Kathy DuBose, Assistant City Manager for Fiscal and Municipal Services, stated that
municipalities were required to publish their rollback tax rates in the newspaper, along with the
effective tax rate and other required schedules. Council was proposing to hold public
discussions on two budget options. The first option would be to set the tax rate at $.54815 per
$100 valuation. The second option would incorporate a tax rate of $.53815 per $100 valuation.
Both of these proposals met the criteria required under state law for "Notice of Public Hearing on
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City of Denton City Council Minutes
August 14, 2001
Page 4
Tax Increase" and "Notice of Vote on Tax Rate". Any lesser rate could be considered without
any requirement for additional notices and public heatings.
The following resolution was considered:
NO. R2001-045A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PLACING A PROPOSAL ON THE SEPTEMBER 4, 2001, CITY COUNCIL PUBLIC
MEETING AGENDA TO ADOPT A 2001 TAX RATE THAT WILL EXCEED THE
LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX
RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON
AUGUST 28, 2001; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC
HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND
PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, McNeill seconded to adopt the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carded unanimously.
2. The Council considered nominations/appointments to the City's boards and commissions.
Fulton motioned, Burroughs seconded to approve the nominations made at the prior meeting.
Council made nominations to the remaining vacancies on the boards and commissions.
Phillips motioned, Beasley seconded to suspend the rules and vote on the nominations at this
meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
Phillips motioned, Burroughs seconded to approve the nominations made at this meeting. On
roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 10:30 p.m.
'~ITY S ~CCR~T-ARY
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
352
BOARDS/COMMISSION NOMINATIONS
AIRPORT ADVISORY BOARD
Dist Current Member Nomination Term Council
Richard Franco
1 Hal Jackson 1999-01 Redmon
Approved 7/17
2 Rick Woolfolk Larry Luce 1999-01 Fulton
Approved 6/26
Don Smith
6 Don Smith Approved 7/31 1999-01 Burroughs
Edward Adcock
4 Joe Roy Approved 7/31 2000-02 McNeill
ANIMAL SHELTER ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
Susan Weinkein
7 Bob Rohr 1999-01 Brock
Approved 6/26
1 VACANT Trisha Barrington 2000-02 Redmon
Approved 7/31
William Atkinson
3 Lynn Stucky Approved 8/7 1999-01 Phillips
Jennifer Walters
4 Jennifer Walters 1999-01 McNeill
Approved 6/26
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
Harry Bell 1999-01 Redmon
1 Harry Bell Approved 6/26
Pat Colonna
2 Pat Colonna 1999-01 Fulton
Approved 8/7
Hank Dickenson
4 Diane Crew 1999-01 McNeill
Approved 6/26
Peggy Fox 1999-01 Burroughs
6 Peggy Fox Approved 8/7
CONSTRUCTION ADVISORY & APPEALS BOARD
Dist Specialty Current Member Nomination Term Council
1 General Contractor Bill Rcdrnon John Ryan 1999-01 Rcdrnon
Don Richards
3 General Contractor Jay Thomas Approved 8/7 1999-01 Phillips
Scott Richter
5 General Contractor Scott Richter Approved 7/17 1999-01 Beasley
Rep. from electrical Jimmy Polozeck
6 industry Doug Grantham Approved 8/7 1999-01 Burroughs
Rep. from
7 plumbing industry Frank Cunningham Frank Cunningham
Approved 6/26 1999-01 Brock
3.5 3
DENTON HOUSING AUTHORITY
Seat Current Member Nomination Term Council
Rosemary Rodriguez 1999-01 Brock
7 Rosemary Rodriguez Approved 8/14
Katie Flemming 1999-01 Brock
7 Katie Flemming Approved 8/14
Mark Chew
7 Mark Chew 1999-01 Brock
Approved 8/14
HISTORIC LANDMARK COMMISSION
Dist Current Member Nomination Term Council
Lanelle Blanton
2 Lanelle Blanton 1999-01 Fulton
Approved 8/7
Bob Montgomery 1999-01 McNeill
4 Barry Vermillion Approved 7/31
Peggy Capps 1999-01 Beasley
5 Peggy Capps Approved 7/31
John Baines
6 John Baines 1999-01 Burroughs
Approved 8/7
Mildred Hawk
1 Vacant 1999-01 Redmon
Approved 7/31
3 Steve Johansson Ann Hatch 1999-01 Phillips
HUMAN SERVICES ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
Carol Bounds 1999-01 McNeilt
4 Audrey Bryant Approved 7/31
James McDade
5 James McDade 1999-01 Beasley
Approved 7/31
1 Mae Nell Shephard Carl G. Young, Sr. 1999-01 Redmon
Approved 8/7
3 Betty Tomboulian Betty Tomboulian 1999-01 Phillips
Approved 7/31
Peggy Kelly 1999-01 Beasley
5 Peggy Kelly Approved 7/31
6 Kent Miller Caleb O'Rear 1999-01 Burroughs
Approved 8/7
Elinor Hughes 1999-01 Brock
7 Elinor Hughes Approved 7/31
LIBRARY BOARD
Dist Current Member Nomination Term Council
Ken Ferstl
5 Ken Ferstl Approved 7/17 1999-01 Beasley
Adrienne Non'is
6 Adrienne Norris Approved 7/31 1999-01 Burroughs
2 Carroll Trail Judy Deck 1999-01 Fulton
354 I
I Approved6/26 I ] I
PARKS RECREATION AND BEAUTIFICATION BOARD
Dist Current Member Nomination Term Council
Don Edwards
5 Don Edwards Approved 7/17 1999-01 Beasley
Teresa Andress
6 Teresa Andress Approved 7,/31 1999-01 Burroughs
Dalton Gregory 1999-01 Brock
7 Dalton Gregory Approved 6/26
Shalaura Logan 1999-01 Redmon
1 Gwendolyn Carter Approved 6/26
Geri Aschenbrenner
4 Vacant 2000-02 McNeill
Approved 7/17
PLANNING AND ZONING COMMISSION
Dist Current Member Nomination Term Council
4 Elizabeth Gourdie Susan Apple 1999-01 McNeill
Approved 7/17
Joe Roy 1999-01 Brock
7 Susan Apple Approved 6/26
Bob Powell
1 Carl Williams 1999-01 Redmon
Approved 7/31
Bill Keith
2 Rudy Moreno Approved 6/26 1999-01 Fulton
PUBLIC UTILITIES BOARD
Dist Current Member Nomination Term Council
Charldean Newell
6 Charldean Newell Approved 7/31 1997-01 Burroughs
2 VACANT Bill Cheek, Jr. 1999-03 Fulton
Approved 6/26
TMPA BOARD OF DIRECTORS
Seat Current Member Nomination Term Council
Perry McNeill 1999-01 ALL
0 Sandy Kristoferson Approved 7/17
TRAFFIC SAFETY COMMISSION
Dist Current Member Nomination Term Council
Robert Tankersley
3 Marshall Smith Approved 8/14 1999-01 Phillips
4 Michael Monticino Murray Ricks 1999-01 McNeill
Approved 7/31
7
Pat Cheek
Approved 6/26
ZONING BOARD OF ADJUSTMENT
Dist Current Member Nomination Term Council
Greg Muirhead 1999-01 Phillips
3 Greg Muirhead Approved 8/14
Marry Rivers 1999-01 Burroughs
6 ByronWoods Approved 8/7
7 John Johnson James Kirkpatrick 1999-01 Brock
Approved 6/26
Tom Reece
1 Tom Reece 1999-01 Redmon
Approved 6/26
Grant Jacobson
4 Jon Bergstrom Approved 6/26 1999-01 McNeill
John Johnson
0 Grant Jacobson (Alt. l) Approved 8/14 1999-01 ALL
0 James Kirkpatrick (Alt. 2) David Gumfory 1999-01 ALL
Approved 6/26
0 David Gumfory (Alt. 3) 1999-01 ALL
355