Minutes February 05, 2002CITY OF DENTON CITY COUNCIL MINUTES
February 5, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 5, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street.
PRESENT:
Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Phillips,
and Redmon.
ABSENT: Council Members Fulton and McNeill
1. The Council received a report, held a discussion, and gave staff direction regarding the
sixth-month review of the revisions to Section 20-1 of the Code of Ordinances regulating noise.
Lt. Scott Fletcher, Denton Police Department, stated that the original noise ordinance had a
provision for a six-month review.
Council Member Fulton arrived at the meeting.
Fletcher stated that there were two sources for the statistics used for the review. Those statistics
came from the CAD system in the Police Department and from Municipal Court data. He
reviewed the data as noted in the agenda materials.
Council Member McNeill arrived at the meeting.
Council requested an update on the statistics for a February to August time frame.
2. The Council requested clarification of consent agenda items listed on the consent agenda
for today's City Council regular meeting of February 5, 2002.
Mayor Pro Tem Beasley requested a correction of a typographical error to the minutes of January
8, 2002.
Council Member McNeill stated that he would probably be pulling Item 21 regarding the
adoption of the updated fire code.
Council Member Redmon requested that Council allow Carl Williams, representing the NAACP,
to speak regarding the noise ordinance update.
Mr. Williams stated that there was a concern that the city standards were higher than the state
standards. It was felt that the standards may be unfair to young people in the area who listened
to cultural music.
Following the completion of the Work Session, the Council convened in a Closed Meeting at
5:15 p.m.
1. The Council considered the following in Closed Meeting:
City of Denton City Council Minutes
February 5, 2002
Page 2
Deliberations regarding real property--Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney--Under TEXAS
GOVERNMENT CODE Section 551.071.
Deliberated the purchase and value of real property, located in the J.
Cheek Survey, Abstract No. 227 and the H. Williams Survey, Abstract No.
1417 and being a .568 acre tract and a 0.354 acre tract along Sherman
Drive, approximately 3,600 feet south of the intersection of Clear Creek
and Sherman Drive, north side of road, within the City and County of
Denton, Texas; which acquisition is for a public purpose. (Ray Roberts
Water Line)
Consultation with the City Attorney--Under TEXAS GOVERNMENT CODE
Section 551.071.
Discussed and considered strategy, status, and possible settlement of
litigation with the City's attorneys in litigation styled City of Denton, et al
v. TXU Electric Company, et al, Cause No. 009383 currently pending in
the 134th District Court of Dallas County, Texas, and discuss legal issues
concerning this litigation with the attorneys where to discuss these matters
in public 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.
Discussed and considered strategy, status, and legal ramifications of
litigation with the City's attorneys in litigation styled Spencer Station
Generating Company, LP v. TXU Gas Company, et al., Cause No. 2002-
30001-211 currently pending in the 211th District Court of Denton
County, Texas, and a similar proceeding now pending before the Texas
Railroad Commission, and discuss legal issues concerning this litigation
with the attorneys where to discuss these matters in public 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, February 5, 2002 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.
PROCLAMATIONS/PRESENTATIONS
2. Recognition of staff accomplishments.
City Manager Conduff recognized various staff members for their accomplishments.
City of Denton City Council Minutes
February 5, 2002
Page 3
CITIZEN REPORTS
3. Nell Yeldell regarding the Denton Housing Authority and discrimination against the
elderly.
Ms. Yeldell was not present at the meeting.
4. Dessie Goodson regarding city repairs.
Ms. Goodson asked about benches for the bus stops that were suppose to be in place several
years ago and still were not installed. She had seen bus riders in wheelchairs sitting outside in
the bad weather waiting for the buses.
5. Gerard Hudspeth regarding Council procedure for citizen reports.
Mr. Hudspeth was not present at the meeting.
6. Willie Hudspeth regarding Council procedure for citizen reports.
Mr. Hudspeth stated that he would be speaking for several meetings regarding the placement of
housing in his neighborhood. He felt the Council had not followed staff recommendations for
housing placement in the southeast Denton area.
7. Jackie Sasser regarding Denton Housing Authority ex-employee problem.
Ms. Sasser was not present at the meeting.
8. Ross Melton regarding Code Enforcement and other issues.
Mr. Melton stated that he was still having problems with Code Enforcement and the methods of
enforcement.
9. Bob Clifton regarding Teasley Lane from Dallas Drive to Londonderry-specifically five
traffic lights.
Mr. Clifton stated the markings on Teasley Lane were not adequate for traffic. The traffic lights
were not coordinated and it was difficult to get across Teasley Lane from Dallas Drive to
Londonderry.
CONSENT AGENDA
Council Member McNeill requested that Item #21 be pulled in order to allow more discussion
with citizens on the provisions of the local amendments.
McNeill motioned, Redmon seconded to delay consideration of Item #21 and have staff hold
meetings regarding the new code and in particular the amendments to the code. On roll vote,
Beasley"ay~', Burroughs"aye', Fulton"aye', McNeill"ay~', Phillips"aye', Redmon"ay~', and Mayor Brock
'~g'. Motion carried unanimously.
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February 5, 2002
Page 4
Burroughs motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances and resolutions excluding Item #21. On roll vote, Beasley"ayg', Burroughs"ayg', Fulton
'hy~', McNeill"ay~', Phillips"aye', Redmon"ay~', and Mayor Brock"ay~'. Motion carried unanimously.
10.
Approved the minutes of January 8, 2002 and January 9, 2002 with a correction as noted
in the Work Session discussion.
11
NO. 2002-036
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ALAN PLUMMER ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING
SERVICES RELATED TO THE FINAL DESIGN OF THE COOPER CREEK LIFT
STATION, FORCE MAIN, AND THE PECAN CREEK INTERCEPTOR SEWER
PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
12.
NO. 2002-037
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, ON MAY 4, 2002, AND, IF A RUNOFF ELECTION IS
REQUIRED, ON JUNE 1, 2002 FOR THE PURPOSE OF ELECTING COUNCIL
MEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING
VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR
EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION;
ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING
ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING AN
OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
13.
R2002-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED
REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS ('NCTCOG') FOR A REGIONAL
SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY
MANAGER TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS
RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS
RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT
REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION AND THE STATE OF TEXAS (MUNICIPAL
LITTER ABATEMENT AND WASTE RECEPTACLES - $99,670.20); AND
PROVIDING AN EFFECTIVE DATE.
14.
Approved an appointment by the City Manager of a new member to the Civil Service
Commission.
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February 5, 2002
Page 5
15.
NO. 2002-038
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR COMPLETION
OF ROAD IMPROVEMENTS FOR HICKORY CREEK ROAD FROM FM 2181 TO
RIVERPASS DRIVE; AND DECLARING AN EFFECTIVE DATE.
16.
NO. 2002-039
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS EMERGENCY SHELTER GRANT
PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A
GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE.
17.
Approved a tax refund to DBC Inv. Ltd. in the amount of $671.28. The 2001 property
tax was paid twice.
18.
Approved a tax refund to James Beaver in the amount of $3,529.85. The homeowner
erroneously paid the City of Denton, Denton County, and Denton Independent School
District tax to the City of Denton.
19.
Approved a tax refund to James Beaver in the amount of $8,873.69. The homeowner
erroneously paid the City of Denton, Denton County, and Denton Independent School
District tax to the City of Denton.
20.
Approved a tax refund to Robert & Linda Wilhite in the amount of $589.31. The 2001
property tax was paid twice.
21. This item was not considered.
22.
NO. R2002-004
A RESOLUTION APPROVING A RIGHT-O-WAY USE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND GEORGE C. GOEN, JR.; AND DECLARING
AN EFFECTIVE DATE.
PUBLIC HEARINGS
23. The Council held a public hearing to afford the public appropriate notice and
participation for the purpose of identifying the future cable related community needs and
interests, and reviewing the performance of Charter Communications under the franchise with
the City during the current franchise term.
The Mayor opened the public hearing.
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February 5, 2002
Page 6
The following individual spoke during the public hearing:
Darlene Mullenweg, 711 West Oak, Denton, 76205 - opposed
The hearing was recessed and would be kept open with the possibility of a continuation at a later
date.
ITEMS FOR INDIVIDUAL CONSIDERATION
24. The Council considered adoption of an ordinance approving the Denton Development
Code, a comprehensive rewrite of the City of Denton's development regulations in accordance
with The Denton Plan, 1999-2020, and pursuant to Ordinance No. 2001-135, as amended;
providing for a cumulative clause; providing a severability clause; providing a savings clause;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and
providing for an effective date of February 20, 2002.
The following individuals spoke on this issue:
David Bynum, 215 Marietta, Denton, 76201-concerned about the process
Brandt Davis, 1902 Bell, Denton, 76209 - opposed
Joyce Poole, 3021 North Bonnie Brae, Denton 76207 - opposed
Norma Lynn Gamble-opposed - had a statement read by the Mayor
Gene Gamble, 2201-2205 North Bonnie Brae, Denton, 76207 - opposed
Shaureece Park, 418 Marietta, Denton, 76201 - favor
Margarete Neale, 1721 West Oak Street, Denton, 76201 - favor
Dixie Stevenson, 1920 West Oak, Denton, 76201 - favor
Steven Friedson, 2205 West Oak, Denton, 76201-favor with amendment as passed out to
Council
Bill Dahlstrom, 1445 Ross Avenue, Dallas, 75202-opposed to proposed zoning on a
piece of property
Trey Scalf, 1819 West Oak, Denton, 76201 - favor
Weldon Davis, 8150 N. Central Expressway, Dallas, 75206 - opposed
Steve Kniatt, 1003 Hopkins, Denton, 76205 -opposed
Steven Plyler, 1919 Houston Place, Denton, 76201-favor
J. B. Haisler, 1200 Cowling Road, Sanger, 76266 - opposed
Dorothy and John L. Smith, 3309 North Bonnie Brae, Denton, 76207 - opposed
Brian Holman, 1108 N. Locust, Denton, 76201 - opposed
The following individuals submitted Comment Cards:
Rick Baria, 5138 Edwards, Denton, 76208 - favor
Jeff Price, 2281 West Oak, Denton, 76201-opposed
William and Sherry Darby, 2208 Crestmeadow, Denton, 76207-opposed
Dalton Allen, 111 Lexington Lane, Denton, 76205 - opposed
Edwin Fulton, 729 Greenwood, Denton, 76209 - opposed
City of Denton City Council Minutes
February 5, 2002
Page 7
Doug Powell, Director of Planning and Development, stated that there was one additional policy
issue that Council needed to address. That issue dealt with the addition of heavy gauge,
corrugated metal to the list of approved building materials.
The following ordinance was considered:
NO. 2002-040
AN ORDINANCE APPROVING AND ADOPTING THE DENTON DEVELOPMENT
CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S ZONING
AND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE DENTON
PLAN, 1999-2020, AND PURSUANT TO ORDINANCE NO. 2001-135, AS
AMENDED; PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING FOR A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE OF FEBRUARY 20, 2002.
Beasley motioned, Burroughs seconded to adopt the ordinance.
Council Member McNeill noted an error on page 59. L6 was still listed. He also requested a
better definition oP'pedestrian friendly'.
Council Member Fulton stated that there were still problems with code and suggested putting in
on the May ballot to allow voters to decide on the code.
Council Member McNeill offered a friendly amendment to the motion for a mandatory quarterly
review of the code for at least the first year after approval.
Beasley and Burroughs accepted that friendly amendment and included the changes as suggested
by Doug Powell. On roll vote, Beasley"ay~', Burroughs"aye', Fulton"na:¢', McNeill"ay~', Phillips"na:¢',
Redmon"na:¢', and Mayor Brock"ayg'. Motion carried with a 4-3 vote.
25. The Council considered adoption of an ordinance amending the schedule of fees
contained in Ordinance 2000-098 by adopting a new schedule of fees as authorized by Chapter
34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing
applications for review, approval, grant or issuance of plats, plans, licenses, certificates,
variances or designations required by the subdivision rules and regulations and zoning
regulations of the Code of Ordinances; providing for repeal of all ordinances in conflict
herewith; providing a severability clause; providing a saving clause; providing for publication;
and providing an effective date.
Doug Powell, Director of Planning and Development, stated that there would be two new fees in
relation to the development code-site plan exception and pre-design conference applied to an
application to be made.
Council Member Burroughs suggested a better definition for special exception fee.
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February 5, 2002
Page 8
The following ordinance was considered:
NO. 2002-041
AN ORDINANCE AMENDING THE SCHEDULE OF FEES CONTAINED IN
ORDINANCE 2000-098 BY ADOPTING A NEW SCHEDULE OF FEES AS
AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF
ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING
APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS,
PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS
REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING
REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Mayor seconded to adopt the ordinance with the amendment for an
expanded definition for the special exception fee category. On roll vote, Beasley"ayg', Burroughs
'~g', Fulton"ayg', McNeill "ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried
unanimously.
26. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council Member Redmon nominated Will Taylor to the Community Development Advisory
Committee.
Mayor Pro Tem Beasley nominated Charlotte Billarreal.
Voting on these nominations would be at the next regular meeting.
27. New Business
The following items of New Business were suggested by Council for future agendas:
bus stops.
Council Member Burroughs requested a report on status of covered benches at
B. Council Member Burroughs suggested inviting other cable companies to serve
Denton, if that were possible.
C. Council Member Redmon requested information on the status of minorities in the
Fire Department including recruitment efforts, etc.
28. Items from the City Manager
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February 5, 2002
Page 9
City Manager Conduff did not have any items for Council.
29. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
28. The following was official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
Mayor Brock left the meeting with a conflict of interest.
Burroughs motioned, Redmon seconded to authorize the City Attorney to take all actions
necessary to accept the Settlement Agreement by TXU and the Steering Committee Cities in the
litigation styled City of Denton, et al. v. TXU Electric Company, et al. On roll vote, Beasley"ay~',
Burroughs "aye', Fulton "aye', McNeill "aye', Phillips "aye', and Redmon "aye'. Motion carried
unanimously.
Burroughs motioned, Fulton seconded to appoint Mayor Pro Tem Beasley to represent the city in
the court ordered mediation in the litigation styled Spencer Station Generating Company, L.P.v.
TXU Gas Company, et al. On roll vote, Beasley"ay~', Burroughs"aye', Fulton"aye', McNeill "aye',
Phillips"ayg', and Redmon"ayg'. Motion carried unanimously.
With no further business, the meeting was adjourned at 9:40 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS