Minutes January 07, 2003 CITY OF DENTON CITY COUNCIL MINUTES
January 7, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 7, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Burroughs; Council Members Fulton, Montgomery, Phillips, and
Redmon.
ABSENT: Mayor Brock and Council Member McNeill
1. The Council held a discussion regarding minority hiring practices in the City of Denton
Carla Romine, Director of Human Resources, reviewed the City's current practices including the
areas of recruitment, retention and development as noted in the City's Diversity Plan.
Council discussed the City's policies and practices relative to minority hiring and the possibility
of the appointment a committee to advise Council on diversity issues.
City Manager Conduff noted that such a committee could advise the Council but per the
provisions of the Charter could not advise stafl~
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for January 7, 2003.
Council allowed comments from citizens present at the meeting regarding Item #1 minority
hiring practices.
Jackie Sasser spoke regarding the hiring of a Director at the Martin Luther King, Jr.
Recreation Center
Harold Williams spoke regarding the hiring system for the City of Denton
Regular Meeting of the City of Denton City Council on Tuesday, January 7, 2003 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
Mayor Pro Tem Burroughs presented a proclamation for Denton Viper - Denton Soccer
Association Day. The City was presented the Dallas Regional Mobility Coalition Travel
Demand Management Award. Mayor Pro Tem Burroughs presented recognition awards to the
Denton Independent School District.
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January 7, 2003
Page 2
B. Resolutions of Appreciation
1. The Council considered approval of a Resolution of Appreciation for Jerry
Clark.
Phillips motioned, Montgomery seconded to approve the resolution. On roll vote, Burroughs
"aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
2. The Council considered approval of a Resolution of Appreciation for
Kenny Kirkland.
Phillips motioned, Fulton seconded to approve the resolution. On roll vote, Burroughs "aye",
Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
3. The Council considered approval of a Resolution of Appreciation for Mike
Bateman.
Phillips motioned, Redmon seconded to approve the resolution. On roll vote, Burroughs "aye",
Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Ross Melton: Code Enforcement, the Council, Attorneys and the budget.
Mr. Melton stated that he continues to ask questions relative to Code Enforcement with no
answers from the City. He reviewed his opinion regarding his lawsuit against the City.
2. Ed Soph: think of the children.
Mr. Soph was not present at the meeting.
3. John Paul Eddy: a message for the water tower.
Dr. Eddy suggested some type of signs for the City stating that Denton was a city of champions.
He noted various athletic, academic and other championships that needed to be recognized.
4. Willie Hudspeth: citizen concerns for Southeast Denton.
Mr. Hudspeth was not present at the meeting. Carolyn Phillips spoke in his place after a
unanimous vote by Council to suspend the rules. Ms. Phillips stated that the issue of concern
was whether or not there was fairness in the process of hiring a director at the Martin Luther
King, Jr. Recreation Center and whether there was room for improvement in the hiring process.
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January 7, 2003
Page 3
5. Peternia Washington: issues with the Parks Department.
Ms. Washington reviewed a history of problems she had experienced at the Martin Luther King,
Jr. Recreation Center. She asked Councilto reconsider the hiring of a director atthe Center.
Council Member Redmon left the meeting.
4. CONSENT AGENDA
Phillips motioned, Fulton seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", and
Phillips "aye". Motion carried unanimously.
Approved the minutes of November 12, November 19, November 20, and
December 10, 2002.
2003-01 - An ordinance authorizing the City Manager to execute Change Order
Number One to the contract between the City of Denton and Jones and Jeffery
Construction Company; Inc. providing for the expenditure of funds therefore; and
providing an effective date (File 2946 Bid 2900 Evers Park Parking Lot
Improvements Change Order One in the amount of $177,130).
2003-02 - An ordinance accepting competitive bids and awarding a contract for
the purchase of a Type 11 Transit Bus; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2867 Transit Bus awarded to
Lasseter Bus and Mobility in the amount of $174,246).
2003-03 - An ordinance of the City of Denton, Texas authorizing the expenditure
of funds for the payments by the City of Denton for Electrical Energy
Transmission fees to those listed cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (Purchase Order
108983 to American Electric Power in the amount of $65,999, Purchase Order
108984 to Reliant Energy in the amount of $81,484.25, Purchase Order 108985 to
Oncor/TXU in the amount of $84,590.25, and Purchase Order 108986 to Lower
Colorado River Authority in the amount of $54,566 for a total amount of
$286,639,50).
R2003-01 - A resolution by the City Council of the City of Denton relating to the
issuance of Bonds by the North Texas Higher Education Authority, Inc.;
approving the issuance of such Bonds and the use of the proceeds of such Bonds;
and making certain findings in connection therewith; and providing an effective
date.
2003-04 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a Third Amended Contract for Professional Legal Services
with the Law Finn of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services
pertaining to continued partial electric generation divestiture issues; authorizing
the expenditure of funds therefor; providing for retroactive approval of the
agreement; and providing an effective date.
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January 7, 2003
Page 4
R2003-02 - A resolution amending Resolution No. R2002-054 of the City of
Denton, Texas adopting the City of Denton's 2003 State Legislative Program;
providing a repealer; and providing an effective date.
H. Approved tax refunds for the following property taxes:
Name Reason Tax Year Amount
2. ACLP Swisher Road Commercial c/o Erroneous Payment 2001 648.51
Today Realty Advisors Inc.
Council Member Redmon returned to the meeting.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting approval of an off-site sub-surface use of North Lakes, Denia Park and Airport Open
Space Park for the purpose of oil and gas drilling operations in accordance with Chapter 26 of
the Texas Parks and Wildlife Code; providing for an oil and gas lease; and providing an effective
date.
Bob Tickner, Superintendent of Parks, stated that the public hearing was required by State law in
order to offer protection to parks and recreational lands. The ordinance would allow an off site
sub-surface use of the area for oil and gas drilling. The staff and the Parks, Recreation and
Beautification Board recommended approval.
The Mayor Pro Tem opened public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2003-005
AN ORDiNANCE GRANTING APPROVAL OF AN OFF-SITE SUB-SURFACE USE
OF NORTH LAKES, DENIA PARK AND AIRPORT OPEN SPACE PARK FOR THE
PURPOSE OF OIL AND GAS DRILLING OPERATIONS IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
AN OIL AND GAS LEASE; AND PROVIDING AN EFFECTIVE DATE.
Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton
"aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
granting approval of a surface use of a portion of the Denton Branch Rail Trail at Walton Road
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January 7, 2003
Page 5
Milepost 727.6 for the purpose of a public street easement in accordance with Chapter 26 of the
Texas Parks and Wildlife Code; providing for a utility easement; and providing an effective date.
Bob Tickner, Superintendent of Parks, stated that a public hearing was required when parkland
was going to be used for purposes other than recreational purposes. The City of Corinth had
requested a street easement to improve Walton Road in their city limits. Staff and the Parks,
Recreation and Beautification Board recommended approval.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed public hearing.
The following ordinance was considered:
NO. 2003-006
AN ORDINANCE GRANTiNG APPROVAL OF A SURFACE USE OF A PORTION OF
THE DENTON BRANCH RAIL TRAIL AT WALTON ROAD MILEPOST 727.6 FOR
THE PURPOSE OF A PUBLIC STREET EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A
UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
Phillips motioned, Fulton seconded to adopt the ordinance with Option 4. On roll vote,
Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion
carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning three parcels, totaling approximately 0.3 acres from a Downtown Residential 1 (DR-l)
zoning district to a Downtown Commercial General (DC-G) zoning district. The property,
commonly known as 715, 716, and 808 Pacific Street, was generally located between Carroll
Boulevard and Pacific Street 200 feet north of Eagle Drive. Office uses were proposed. The
Planning and Zoning Commission recommended approval (7-0). (Z02-0042, 7.15, 7.16 & 808
Pacific Stree0
Larry Reichhart, Assistant Director of Planning and Development, stated that the property was
located on the east side of Carroll Blvd. Part of the proposal was a land swap with the adjacent
property owner. The swap would also result in a realignment of Duchess Drive. Opposition to
the proposal was at 14% thus not requiring a supermajority vote by the Council.
Council discussed the provisions of parking, access to the site, tree preservation for the site and
the mobility plan relative to the proposal.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
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January 7, 2003
Page 6
The following ordinance was considered:
NO. 2003-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN
COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 0.3 ACRES OF LAND COMMONLY
KNOWN AS 715, 716 AND 808 PACIFIC STREET AND GENERALLY LOCATED
BETWEEN CARROLL BOULEVARD AND PACIFIC STREET, APPROXIMATELY
200 FEET NORTH OF EAGLE DRIVE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0042)
Montgomery motioned, Burroughs seconded to adopt the ordinance as recommended by the
Planning and Zoning Commission. On roll vote, Burroughs "aye", Fulton "aye", Montgomery
"aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 0.5 acres from a Downtown Residential 1 (DR-l) to a Downtown
Residential 2 (DR-2) zoning district. The site was generally located at 910 and 912 Avenue A at
the southeast corner of Fannin and Avenue A, south of Eagle Drive. Multi-family residential
was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0059,
Darnell Addition)
Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was
to change the existing zoning from DR-1 to DR-2. The property was located in the Downtown
University core district. The Planning and Zoning Commission had recommended approval of
the proposal. There was less than 2% opposition thus not requiring a supermajority vote by the
Council.
The Mayor Pro Tem opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, Mitchell Planning Group, spoke in favor she stated that the letter of
opposition was from an individual who according to a relative was not clear on the issues.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2003-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN
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January 7, 2003
Page 7
RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 0.5 ACRE OF LAND LOCATED AT 910
AND 912 AVENUE A IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z02-0059)
Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton
"aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
granting a Specific Use Permit to allow a wireless communications tower over 85' high on
approximately 0.44 acres. The site was in an Industrial Center Employment (IC-E) zoning
district. The subject property was commonly known as 303 East Massey Street. A 195' wireless
communications tower was proposed. The Planning and Zoning Commission recommended
approval (7-0). (Z02-0055, Titan Towers')
Larry Reichhart, Assistant Director of Planning and Development, stated that the tower was a
permitted use on this property but the height of the tower required a specific use permit. No
letters had been received on the proposal.
The Mayor Pro Tem opened the public hearing.
The following individual spoke during the public hearing:
David Baker, Titan Towers favor
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2003-009
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A WIRELESS COMMUNICATIONS TOWER ON
APPROXIMATELY 0.44 ACRES OF LAND COMMONLY KNOWN AS 303 EAST
MASSEY STREET, WITHIN AN INDUSTRIAL CENTER EMPLOYMENT (IC-E)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0055)
Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton
"aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Employment
Center to Neighborhood Center. The area for amendment encompassed approximately 2.0 acres.
The site was generally located at the southeast corner of the Mingo Road and Mockingbird Lane
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January 7, 2003
Page 8
intersection. Residential uses would continue at this site. The Planning and Zoning Commission
recommended approval (7-0). (CA02-0005, ] 708 and ] 702 Mockingbird Lane)
Larry Reichhart, Assistant Director of Planning and Development, stated that the property was
currently located in an employment center and the request was to change it to a neighborhood
center. There were currently two homes on the property. No letters had been received on the
proposal.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2002-010
AN ORDINANCE AMENDING THE LAND USE PLAN OF THE DENTON PLAN
1999-2020 FOR AN AREA ENCOMPASSING APPROXIMATELY 2.0 ACRES
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE MINGO ROAD
AND MOCKINGBIRD LANE INTERSECTION, FROM EMPLOYMENT CENTER
TO NEIGHBORHOOD; PROVIDING AN EFFECTIVE DATE. (CA-02-0005)
Fulton motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Council Member Redmon suggested an independent study from an outside
consultant to look at the entire city's hiring of minorities, the Diversity Plan and implementation.
2. Council Member Redmon questioned if the Parks and Recreation Department had
changed its mission statement to a "pay as you go" use.
3. Council Member Phillips requested a follow up on Dr. Eddy's suggestion that the
city initiate some of type of signage to recognize Denton as a "city of champions".
4. Council Member Phillips and Council Member Fulton asked for a report on a
provision to allow FFA competition animals in the city limits.
5. Council Member Redmon stated that the 1986 bond election had required three
recreation centers and questioned the status of the other centers.
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January 7, 2003
Page 9
6. Council Member Redmon asked about a citizen's recourse with a complaint about
the hiring of an individual.
7. Council Member Montgomery requested that staff look at the entire picture of
animals in the city limits rather than just FFA animals.
B. Items from the City Manager
City Manager Conduff did not have any items for Council.
C. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
D. 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 8:15 p.m.
MARK BURROUGHS
MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS