Minutes January 21, 2003CITY OF DENTON CITY COUNCIL MINUTES
January 21, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 21, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill,
Montgomery, Phillips, and Redmon.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding the
Denton Development Code's NRMU and NRMU-12 zoning classifications.
Dave Hill, Assistant City Manager for Development Services, stated that during the first
quarterly review of the Development Code, Council had referred several issues related to the
Neighborhood Residential Mixed Use Zoning Classifications to the Planning and Zoning
Commission for analysis and revision recommendations. An amendment recommended by a
split vote of the Commission, would require the approval of a Specific Use Permit for NRMU-12
multi-family development located within 200 feet of an existing single family dwelling. That
amendment was tabled by Council for further study and analysis. To date, no NRMU-zoned
properties had been developed in the City that would help to demonstrate how the code regulated
mixed-use projects. Major points to be considered regarding the NRMU districts included:
1. NRMU and NRMU-12 have not been used much at this time and there are not
good examples to refer to at this time. No examples of how the new code impacted mixed use or
multi-family development was available to assess the adequacy of the new regulations.
2. The imposition of a specific use requirement should be used only in cases where
the potential variability of a certain type of land use was so great that development
characteristics were unpredictable.
3. The impact of the imposition of a specific use permit for NRMU-12 multi-family
development would increase project planning, design, and processing costs significantly. The
potential for site plan revisions required, as a condition of a specific use permit approval would
heighten the level of uncertainty for applicants.
4. If a property zoned NRMU or NRMU-12 was clearly inappropriate for the area
within which it was located, the zoning should be changed rather than imposing the specific use
permit requirement.
5. Approximately 1.1% of the city's land area were zoned NRMU-12 and located
within 200 feet of platted single-family lots.
Staff was recommending that the proposed NRMU-12 specific use permit amendment not be
pursued at this time. Site design standards or specific NRMU-12 zoning district locations should
be reexamined if changes were warranted.
Council discussed the newness of the regulations, grandfathering for existing zoning, the
broadness of the NRMU category, identification of specific sites that would be affected, and the
crafting of regulations to address the issues and definitions listed in the Code such as an NRMU
infill category.
Consensus of Council was to direct staff to research smaller categories for NRMU and group
similar uses together. This would be geared towards infill and might add a new category of non-
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January 21, 2003
Page 2
residential uses intended to promote neighborhood services. There would be no specific use
permit for the two-stage process with a limited zoning category restricted for limited situations.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the City Council regular meeting of January 21, 2003.
Following completion of the Work Session, Council considered the following in Closed
Meeting:
1. Closed Meeting:
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
Considered and discussed status of litigation styled Robinson v. City of
Denton, et al., Cause No. A167804, currently pending in the 58th District
Court, Jefferson County, Texas.
Council Member Fulton excused herself from the meeting with a conflict of interest.
Deliberations regarding real property---Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney---Under TEXAS
GOVERNMENT CODE Section 551.071.
Deliberated the value and purchase of real property interests of certain real
property owned by Vodie Fulton, et al., being six tracts of land totaling
approximately 19 acres in J. Brock Survey, Abstract 55, the J. Lilly
Survey, Abstract 762, the W. Crenshaw Survey, Abstract 318, and in the
B.B.B & C.R.R. Survey, Abstract 185, situated along the 1100 block of
North Ruddell Street, south of the Union Pacific Railroad corridor; and
receipt of legal advice from the City Attorney on a matter in which his
professional responsibility to the City Council requires private legal
consultation.
Council Member Fulton returned to the meeting.
Deliberations Regarding Certain Public Power Utilities Competitive Matters -
Under TEXAS GOVERNMENT CODE Section 551.086.** Consultation with
Attorney- Under TEXAS GOVERNMENT CODE Section 551.071.
Received competitive electric public power and market information
regarding the issue of consent, by the City Council of the City of Denton,
Texas, to approval of the sale and transfer by the PG&E-related entities to
the City of Garland, Texas respecting the Spencer Station Generation
Plant and the Lake Lewisville Hydroelectric Facility, both located in
Denton County, Texas. Discussed, deliberated, considered, provided Staff
with direction, and took final action regarding the proposed sale and
transfer regarding the above matters. Further, discussed and considered
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January 21, 2003
Page 3
the legal ramifications and legal position of the City by conducting a
consultation with the City's attorneys in order to obtain the advice and
recommendations of the City's attorneys concerning this issue; where to
discuss such issue and matter in a public meeting would conflict with the
attorneys' duties and professional responsibilities to their client, the
Denton City Council, under the Texas Disciplinary Rules of Professional
Conduct.
Regular Meeting of the City of Denton City Council on Tuesday, January 21, 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 Brock presented the following proclamations and received the following awards:
Denton Family Unity Week
University of North Texas Mean Green Day
Denton High School Congratulations
GFOA Certificate of Finance Excellence Award
B. January Yard-of-the-Month Awards
Mayor Brock presented the January Yard of the Month Awards to:
Jim and Linda Wicker
John and Denise Miller
Vena Madison
Ronald Aparo and Patricia Foster
Tom and Peggy La Pointe
LaVerne Watson
Todd and Kate Marshall - Xeriscaped Yard
C. City Manager Conduff presented a recognition of staff accomplishments
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
Tillman Uland: salary for the Mayor and City Council, retired city
employees and the budget, and neighborhood City Council meetings.
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January 21, 2003
Page 4
Mr. Uland stated the Mayor and Council did not receive any compensation for their time spent
on Council. He suggested that the entire Council receive payment for their services. He
requested that Council remember former city employees during budget considerations in order to
assist them with expenses. He suggested the Council hold neighborhood meetings to receive
direct input from citizens.
2. Dalton Allen: City's Solid Waste ordinance.
Mr. Allen stated there were some issues that looked good on paper that might not work well in
reality. One instance was the responsibility of the property owner for trash dumped illegally in
and around dumpsters. He felt the City should be responsible for some of these situations. He
suggested the formation of a committee made up of citizens and staff members to address this
issue.
3. Willie Hudspeth: concerns about Southeast Denton.
Mr. Hudspeth was not present at the meeting.
4. Larry Jambor: garbage cans in Wind River Estates.
Mr. Jambor stated the residents of Wind River Estates were required to use automated garbage
pick-up. He questioned the method of determination as to who received that type of service.
Peternia Washington: issues at the MLK Center and City of Denton hiring
practices.
Ms. Washington was not present at the meeting.
Walter Jackson: reconsideration of the hiring decision for the MLK
Center director.
Mr. Jackson stated the Council should give more attention to the hiring of minorities in the City.
Minorities should not have to go outside Denton in order to be hired.
Lilly Moturi: reconsideration of the hiring decision for the MLK Center
director.
Ms. Moturi was not present at the meeting.
8. Marcella Brown: job affairs in Denton.
Ms. Brown stated she was concerned about the percentage of minorities hired in the City of
Denton.
4. CONSENT AGENDA
Mayor Brock indicated that Item 4C and 4D would be pulled for separate consideration.
McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of 4C and 4D. On roll vote, Burroughs "aye",
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January 21, 2003
Page 5
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carried unanimously.
Council Member Fulton excused herself from the meeting with a conflict of interest.
Burroughs motioned, Redmon seconded to approve 4C and 4D. On roll vote, Burroughs "aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
2003-011 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of polymer concrete pull boxes and providing an
effective date (Bid 2929 - Polymer Concrete Pull Boxes awarded to Hughes
Supply in the estimated amount of $37,950).
2003-012 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of decorative streetlight fixtures and providing an
effective date (Bid 2933 - Decorative Streetlight Fixtures awarded to Genlyte
Dallas/Hadco in the estimated amount of $212,250).
2003-013 - An ordinance to declare the intent to reimburse expenditures from the
Unreserved Retained Earnings of the Materials Management Fund with
Certificates of Obligation for the purchase of land; declaring an emergency and
amending the 2002-2003 Capital Improvement Budget; and providing an effective
date. (Project: $585,000 land purchase and misc. related costs not to exceed
$25,000).
2003-014 - An ordinance of the City of Denton, Texas approving a real estate
contract between the City of Denton and Vodie Fulton, Edwin Owen Fulton and
Joe L. Fulton for the purchase of six tracts of land totaling approximately 19.06
acres and generally located adjacent to and east of the City of Denton Service
Center in the J. Brock Survey, the J. Lilly Survey, the W. Crenshaw Survey, and
the B.B.B. & C.R.R. Survey, City of Denton, Denton County, Texas; authorizing
the expenditure of funds therefore; and providing an effective date.
2003-015 An ordinance providing for the expenditure of funds for the
emergency purchase of fuel for the Fleet Services Department in accordance with
provisions of state law exempting such purchases from requirements of
competitive bidding; and providing an effective date (Purchase Order 109185 to
Kelsoe Oil Co. in the amount of $53,637).
2003-016 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Denton County and awarding a contract for the purchase of
office furniture; providing for the expenditure of funds therefore; and providing
an effective date (File 2948 - Furniture for the New Central Fire Station and for
the New Solid Waste Operations/Administration Building awarded to Texas
Furniture Source, Inc. in the amount of $192,227.79).
2003-017 - An ordinance authorizing the City Manager to accept an Interlocal
Agreement with U.S. Communities to authorize participation in various U.S.
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January 21, 2003
Page 6
Communities contracts for the purchase of various goods and services; and
declaring an effective date (File 2930 - Interlocal Agreement with U.S.
Communities).
2003-018 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement with
R. J. Covington Consulting, LLC for consulting services relating to the Denton
Municipal Electric Utility; authorizing the expenditure of funds therefor; and
providing an effective date.
2003-019 - An ordinance partially abandoning an easement assigned to the City of
Denton as recorded in Volume 538, Page 666, Deed Records, Denton County,
Texas, from an easement previously granted to Texas Power & Light Company
by Deed as Recorded in Volume 231, Page 179, Deed Records, Denton County,
Texas; and providing an effective date.
2003-020 - An ordinance approving an amended budget for hotel tax fund
expenditures by Denton County, Texas, for the operation of the Courthouse on the
Square Museum during calendar year 2002 (CY2002), to be effective as of the
date of passage and approval of this ordinance.
2003-021 - An ordinance of the City of Denton approving a License Agreement
between the Texas Municipal Power Agency ("TMPA"), and the City of Denton
relating to the encroachment of a sanitary sewer line and a double box culvert
across an existing TMPA Easement as part of the Southern Hills Medical Plaza
improvements 8-Inch Sanitary Sewer line and 7' by 4' double box culvert, located
within the tract of land situated in the Joseph White Survey Abstract Number
1433, City of Denton, Denton County, Texas and being a portion of a called
243.185 acre tract of land described in the deed being recorded in Volume 3245
page 699 of the Deed Records of Denton County, Texas.
2003-022 - An ordinance authorizing the City Manager to execute an agreement
of resignation with Doug Powell; and providing for an effective date.
R2003-003 - A resolution leasing parking spaces located on the Williams Trade
Square; and providing an effective date.
2003-023 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a contract for professional legal services between the City of
Denton and Orgain, Bell & Tucker, LLP for legal services in litigation styled
Robinson v. City of Denton, et al., currently pending in the 58th District Court of
Jefferson County, Texas; authorizing the expenditure of funds therefore; and
providing an effective date.
Approved an exception to the Noise Ordinance for the purpose of construction on
the Denton Crossing Project by Rogers-O'Brien Construction beginning
immediately through May 2003 during the hours of 6:00 a.m. through 8:30 p.m.
Monday through Friday, and 7:00 a.m. through 8:30 p.m. on Saturday.
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January 21, 2003
Page 7
Specifically the request is for an exception to the hours of operation beginning an
hour early, at 6:00 a.m., on Monday through Friday and an exception to the hours
beginning one hour early, at 7:00 a.m., on Saturday effective immediately through
May of 2003. No request for an exception to the hours of operation has been
made for Sunday.
P. Approved the appointment of a Deputy City Secretary.
2003-024 - An ordinance of the City of Denton, Texas approving an amendment
to an economic development program grant agreement dated November 27, 2001
between the City of Denton and Denton Crossing Partners LTD., which was duly
assigned to ORIX Hunt Denton Venture; and providing an effective date.
Council Member Fulton returned to the meeting.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
rezoning three parcels totaling approximately 0.8 acres, from a Multiple Family Dwelling
District 1 (MF-1) zoning district to a Neighborhood Residential 3 (NR-3) zoning district. The
property commonly known as 1822, 1828 and 1902 West Oak Street was generally located on
the north side of West Oak Street approximately 310 feet east of Bradley. The property was
being rezoned to bring it in conformance with the Denton Development Code. The Planning and
Zoning Commission recommended approval (7-0). (Z02-0053, 1822, 1828 & 1902 West Oak
StreeO
Larry Reichhart, Assistant Director of Development Services, stated that the property owner was
in opposition to the proposal resulting in the need for a supermajority vote by Council. The
request was to rezone the property from Multiple Family Dwelling District 1 to Neighborhood
Residential 3.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Dixie Stevenson, 1920 West Oak, Denton, 76201- favor
David Holdeman, 1820 West Oak, Denton, 76201 - favor
Sara Harvey, 312 Marietta, Denton, 76201 - favor
Steven Friedson, 2205 West Oak, Denton, 76201 - favor
Ned Webster, representing the West Oak Neighborhood Association - favor
Joe Potthoff, 1201 W. Abram, Arlington, 76013 - favor
Patrick Lenaburg, 302 Marietta, Denton, 76201 -favor
Tom Collins, 2322 Houston Place, Denton, 76201 - favor
Dorothy Damico, 1801 Panhandle, Denton, 76201 - favor
David Bynum, 215 Marietta, Denton, 76201 - opposed
The following individuals submitted Speaker Cards regarding the proposal:
Bernadette and Steven Johansson, 1926 N. Bell, Denton, 76209 - favor
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January 21, 2003
Page 8
Margarete Neale, 1721 W. Oak, Denton, 76201 - favor
Carol and Ed Soph, 1620 Victoria, Denton, 76209 - favor
Thomas and Peggy LaPont, 1900 Highland Park Circle, Denton, 76205 - favor
Ellen Ralph, 1717 West Oak, Denton, 76201 - favor
Pete and Elizabeth Gunter, 225 Jagoe, Denton, 76201 - favor
Dora and Crawford Sloan, 2207 Houston Place, Denton, 76201 - favor
Jennifer Collins, 312 Marietta, Denton, 76201 - favor
Edra Bogle, 201 Peach, Denton, 76209 -favor
Mike Cochran, 610 W. Oak, Denton, 76201 - favor
Darlene Stewart, 2003 W. Oak, Denton, 76201 - favor
Marsha Stevenson, 1920 West Oak, Denton, 76201 - favor
JoAnn Nunnelly, 2215 Houston Place, Denton, 76201 - favor
Patrice Lyke, 1109 Egan, Denton, 76201 - favor
Caroline Polliard, 1800 West Oak, Denton, 76201 - favor
Margaret Schulze, 2119 Scripture, Denton, 7620- favor
Jacqueline Gibbons, 2015 Houston Place, Denton, 76201 - favor
Anita Brigman, 2232 Houston Place, Denton, 76201 - favor
Kevin Kennelly, 2105 Houston Place, Denton, 76201 -favor
Rocky Naragm, 1100 Thomas, Denton, 76201 - favor
Steven Ambuchl, 2003 N. Bell, Denton, 76209 - favor
Eugene Hargrove, 2025 Houston Place, Denton, 76201 - favor
Helen Ikerd, 1722 W. Oak, Denton, 76201 - favor
Joyce Palmer, 1905 West Oak, Denton, 76201 -favor
John Enlow, 1801 West Oak, Denton, 76201 - favor
Peggy Capps, 915 West Oak, Denton, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-025
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM MULTIPLE FAMILY DWELLING DISTRICT 1 (MF-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 0.79 ACRE OF LAND
COMMONLY KNOWN AS 1822, 1828, AND 1902 WEST OAK STREET
GENERALLY LOCATED ON THE NORTH SIDE OF WEST OAK STREET,
APPROXIMATELY 195 FEET WEST OF THE INTERSECTION OF MARIETTA
AND WEST OAK STREET LOCATED IN THE E. PUBCHALSKI SURVEY,
ABSTRACT 996; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z02-0053)
Burroughs motioned, Mayor seconded to adopt the ordinance to rezone the property. On roll
vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon
"aye", and Mayor Brock "aye". Motion carried unanimously.
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January 21, 2003
Page 9
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 18.5 acres of land from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use 12 (NRMU 12) zoning district. The property
was generally, located east of Audra, south of Paisley and was commonly referred to as 700 and
702 Audra Lane. Multi-family use was proposed. The Planning and Zoning Commission
recommended denial (7-0). (Z02-0047, Saddle Creek Apartments)
Mayor Brock indicated that the petitioner had withdrawn the proposal from consideration.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 0.4 acres from a Downtown Residential 2 (DR-2) to a Downtown
Commercial Neighborhood (DC-N) zoning district. The site was generally located at 309 Fry
Street north of Oak Street. Mixed-use multi-family and a restaurant were proposed. The
Planning and Zoning Commission recommended approval (4-3). (Z02-0058, 309 Fry StreeO
Larry Reichhart, Assistant Director for Planning and Development, stated that the petitioner had
requested a continuance to allow more discussion with the neighbors on what was being
proposed.
The Mayor opened the public hearing.
No one spoke during the public hearing.
Burroughs motioned, Fulton seconded to grant the continuance and continue the public hearing
at the February 4th Council meeting. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "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 Fulton asked about the feasibility of setting up a committee of
citizens and staff to review utility services.
2. Council Member Redmon requested a revisit of the City's minority hiring
practices.
3. Council Member Phillips requested an update on the "City of Champions"
proposal.
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.
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January 21, 2003
Page 10
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 8:07 p.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS