May 11, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
May 11, 2010
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Regular Session on Tuesday, May 11, 2010 at 4:00 p.m. in the City
Council Work Session Room.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Heggins, Council Member Mulroy, and Council
Member Watts.
ABSENT: None
1. The Council considered adoption of an ordinance of the City of Denton, Texas amending
the Code of Ordinances by repealing Chapter 17 "Property Maintenance" and creating a
new Chapter 17 "Property Maintenance;" Repealing Section 28-30 "Water Capacity,"
Section 28-31 "Violations," Section 28-67 "Concealed Wiring," Section 28-81 "Office
Created; Qualifications," Section 28-82 (B) "Powers and Duties," Section 28-96
"Regulations Governing Construction near Electrical Supply Lines," Section 28-97
"Safety Issue Regarding the Establishment of a Quantitative Standard Regarding the
Width, for Minimum Safe Clearance from Electric Transmission Lines," Section 28-111
"License - Required," Section 28-112 "Same - Examination," Section 28-113 "Same -
Fees," Section 28-114 "Same - Issuance; Term," Section 28-115 "Same - Revocation, "
Section 28-116 "Recognition of Licenses or Certificates of Registration from other
Cities," Section 28-117 "Contractor's License," Section 28-118 "Chief Electrician for
Businesses," Section 28-119 "Vehicle Identification," Section 28-142 "Purpose, Intent
and Scope," Section 28-143 "Applicability," Section 28-146 "Compliance; Violations,"
Section 28-147 "Administrative Authority," Section 28-148 "Installation Regulations,"
Section 28-149 "Dangerous and Unsanitary Construction," Section 28-166
"Qualifications," Section 28-168 "Duties," Section 28-169 "Tags and Seals," Section 28-
171 "Liability of Inspectors," Section 28-207 "Work not Requiring Permit," Section 28-
209 "Application," Section 28-212 "Time Limitations," Section 28-231 "General
Variances," Section 28-232 "Specific Variances," Section 28-233 "Review by Board,"
Section 28-296 "Swimming Pool Code Adopted," Section 28-297 "Deletions and
Amendments to Swimming Pool Code," Section 28-298 "Definitions," Section 28-299
"Penalty," Section 28-326 "Definitions," Section 28-327 "Enforcement," Section 28-328
"Duties of Building Official," Section 28-329 "Penalties," Section 28-346 "Required;
Hours Prohibited," Section 28-347 "Application," Section 28-348 "Bond Insurance,"
Section 28-349 "Deposits for Expense or Damage to City," Section 28-350 "Duties of
Permittee," Section 28-376 "Conflict with Planning, Zoning or Building Requirements,"
Section 28-377 "Permit - Required," Section 28-378 "Same - Fee," Section 28-379
"Construction on Public Property," Section 28-380 "Hazardous Fences Prohibited in
High Density Areas," Section 28-381 "Inspection Required on Completion," Section 28-
382 "Appeals," Section 28-383 "Title," Section 28-384 "Legislative Finding of Fact,"
Section 28-385 "Purpose," Section 28-386 "Definitions," Section 28-387 "Enforcement,"
Section 28-388 "Scope," Section 28-401 "Minimum Standards for Continued Use and
Occupancy," Section 28-402 "Space and Occupancy Requirements," Section 28-403
"Light and Ventilation," Section 28-404 "Sanitation," Section 28-405 "Structural
Requirements," Section 28-406 "Heating and Ventilation," Section 28-407 "Exits,"
Section 28-408 "Fire Prevention," Section 28-421 "Criteria for Establishing," Section 28-
422 "Notices and Orders of Building Official," Section 28-423 "Recordation of Notice
City of Denton City Council Minutes
May 11, 2010
Page 2
and Order," Section 28-424 "Repair, Vacation and Demolition," Section 28-425 "Notice
to Vacate," Section 28-426 "Appeals," Section 28-427 "Scope of Hearing on Appeal,"
Section 28-428 "Staying of Order Under Appeal," Section 28-429 "Procedure for
Conduct of Hearing Appeals," Section 28-430 "Form of Notice of Hearing," Section 28-
431 "Subpoenas," Section 28-432 "Conduct of Hearing," Section 28-433 "Method and
Form of Decision," Section 28-434 "Public Hearing Required for Order of Demolition,"
Section 28-435 "Performance of Demolition," Section 28-436 "Recovery of Demolition
Costs," Section 28-437 "Objections to Assessment," Section 28-438 "Purpose," Section
28-439 "Created," Section 28-440 "Procedures and Powers," and Article IX "Minimum
Housing and Building Standards" of Chapter 28 "Buildings and Building Regulations" of
the Code of Ordinances: providing a penalty clause; providing a severability clause; and
providing for an effective date.
John Cabrales, Public Information Officer, presented background information on the process of
getting to the final version of the Property Maintenance Code. In October 2007 a City Council
committee was appointed to address property maintenance code issues with a first meeting held
in November 2007. A Citizens Committee was also formed in March 2008 to assist the Council
Committee. Between the two committees, there were over 30 meetings held to address this issue
and citizens were given an opportunity at each meeting to give their input. The Property
Maintenance Code had merged Articles I-XII of the new Chapter 17, with Article XIII, as
amended with staff recommendations. This document accomplished the City's goal of placing
all property maintenance related information into one document; added language that allowed
staff to address certain complaints from residents; and formatted the document so that it was
easier for citizens to read and understand. Minor revisions were suggestion to Section 17-61. As
those revisions had not been through the Citizen Committee, the recommendations would be
brought back at the six month review. Staff was recommending that a motion include the
renaming of the Construction Appeals and Advisory Board to the Health and Building Standards
Commission.
Council Member Gregory asked about outside storage of children's play equipment.
Lancine Bentley, Code Enforcement Division Manager, stated that the restriction was for
residential storage. Play equipment could not be stored in front yards but rather on the side or
rear yards.
Council Member Mulroy thanked all who worked on the Code including the citizens committee
and city staff.
Mayor Burroughs felt that there might be some unintended consequences with the new Code and
suggested that the following be looked at during the six month review:
1. Page 24, Section 17-80 (d) - perimeter fences - clarify the word "deterioration" perhaps using
"substantial deterioration or significant deterioration".
2. Section 17-101 - parking surfaces - clarify improved surface for parking for a commercial
lot. He knew of a commercial location that had a gravel lot for overflow parking and received a
citation for parking on that type of surface. He felt that if there was not a complaint in a
commercial area, parking on such a surface should be allowed and not receive a citation.
City of Denton City Council Minutes
May 11, 2010
Page 3
Council Member Watts expressed concern that one viewpoint might be agreeable for gravel; one
viewpoint might be that the gravel was just to have some type of improved surface.
Mayor Burroughs suggested a temporary permit for a parking lot that had be to be renewed.
Council Member Mulroy felt that the six month review could have information from the Court
docket regarding disposition of these types of citations in order to see what was reasonable and
what was not.
Mayor Burroughs continued with his unintended consequences:
3. Page 33, Section 17-121 -stated "Generally" for Division I -suggested "General
Provisions".
Council Member Engelbrecht questioned Section 17-159 and occupancy limitations.
City Attorney Burgess stated that a definition for family was added which restricted the number
of unrelated persons in one residence.
Mayor Pro Tem Kamp questioned perimeter fences on page 24 that it did not include backyard
fences not seen by the public and shared between neighbors.
Cabrales stated correct that the City was not going to get in a private dispute between neighbors.
Council Member Watts thanked all who participated in the process and felt that staff and Council
needed to be sure to do the six month review.
The following ordinance was considered:
NO. 2010-132
An ordinance of the City of Denton, Texas amending the Code of Ordinances by
repealing Chapter 17 "Property Maintenance" and creating a new Chapter 17 "Property
Maintenance;" Repealing Section 28-30 "Water Capacity," Section 28-31 "Violations,"
Section 28-67 "Concealed Wiring," Section 28-81 "Office Created; Qualifications,"
Section 28-82 (B) "Powers and Duties," Section 28-96 "Regulations Governing
Construction near Electrical Supply Lines," Section 28-97 "Safety Issue Regarding the
Establishment of a Quantitative Standard Regarding the Width, for Minimum Safe
Clearance from Electric Transmission Lines," Section 28-111 "License - Required,"
Section 28-112 "Same - Examination," Section 28-113 "Same - Fees," Section 28-114
"Same - Issuance; Term," Section 28-115 "Same - Revocation, " Section 28-116
"Recognition of Licenses or Certificates of Registration from other Cities," Section 28-
117 "Contractor's License," Section 28-118 "Chief Electrician for Businesses," Section
28-119 "Vehicle Identification," Section 28-142 "Purpose, Intent and Scope," Section 28-
143 "Applicability," Section 28-146 "Compliance; Violations," Section 28-147
"Administrative Authority," Section 28-148 "Installation Regulations," Section 28-149
"Dangerous and Unsanitary Construction," Section 28-166 "Qualifications," Section 28-
168 "Duties," Section 28-169 "Tags and Seals," Section 28-171 "Liability of Inspectors,"
City of Denton City Council Minutes
May 11, 2010
Page 4
Section 28-207 "Work not Requiring Permit," Section 28-209 "Application," Section 28-
212 "Time Limitations," Section 28-231 "General Variances," Section 28-232 "Specific
Variances," Section 28-233 "Review by Board," Section 28-296 "Swimming Pool Code
Adopted," Section 28-297 "Deletions and Amendments to Swimming Pool Code,"
Section 28-298 "Definitions," Section 28-299 "Penalty," Section 28-326 "Definitions,"
Section 28-327 "Enforcement," Section 28-328 "Duties of Building Official," Section 28-
329 "Penalties," Section 28-346 "Required; Hours Prohibited," Section 28-347
"Application," Section 28-348 "Bond Insurance," Section 28-349 "Deposits for Expense
or Damage to City," Section 28-350 "Duties of Permittee," Section 28-376 "Conflict with
Planning, Zoning or Building Requirements," Section 28-377 "Permit - Required,"
Section 28-378 "Same - Fee," Section 28-379 "Construction on Public Property,"
Section 28-380 "Hazardous Fences Prohibited in High Density Areas," Section 28-381
"Inspection Required on Completion," Section 28-382 "Appeals," Section 28-383
"Title," Section 28-384 "Legislative Finding of Fact," Section 28-385 "Purpose," Section
28-386 "Definitions," Section 28-387 "Enforcement," Section 28-388 "Scope," Section
28-401 "Minimum Standards for Continued Use and Occupancy," Section 28-402 "Space
and Occupancy Requirements," Section 28-403 "Light and Ventilation," Section 28-404
"Sanitation," Section 28-405 "Structural Requirements," Section 28-406 "Heating and
Ventilation," Section 28-407 "Exits," Section 28-408 "Fire Prevention," Section 28-421
"Criteria for Establishing," Section 28-422 "Notices and Orders of Building Official,"
Section 28-423 "Recordation of Notice and Order," Section 28-424 "Repair, Vacation
and Demolition," Section 28-425 "Notice to Vacate," Section 28-426 "Appeals," Section
28-427 "Scope of Hearing on Appeal," Section 28-428 "Staying of Order Under Appeal,"
Section 28-429 "Procedure for Conduct of Hearing Appeals," Section 28-430 "Form of
Notice of Hearing," Section 28-431 "Subpoenas," Section 28-432 "Conduct of Hearing,"
Section 28-433 "Method and Form of Decision," Section 28-434 "Public Hearing
Required for Order of Demolition," Section 28-435 "Performance of Demolition,"
Section 28-436 "Recovery of Demolition Costs," Section 28-437 "Objections to
Assessment," Section 28-438 "Purpose," Section 28-439 "Created," Section 28-440
"Procedures and Powers," and Article IX "Minimum Housing and Building Standards" of
Chapter 28 "Buildings and Building Regulations" of the Code of Ordinances: providing a
penalty clause; providing a severability clause; and providing for an effective date.
Council Member Watts motioned, Council Member Mulroy seconded to adopt the ordinance
with the corrections as handed out at the meeting and the substitution of Construction Appeals
and Advisory Commission to the Heath and Building Standards Commission. On roll call vote,
Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
2. The Council considered adoption of an ordinance amending Section 25-10(b) "Owner or
Occupant to Place House Numbers" of Chapter 25 "Streets, Sidewalks, and Public
Places" of the Code of Ordinances of the City of Denton; repealing Article X
"Construction Advisory and Appeals Board" of Chapter 28 "Buildings and Building
Regulations" of the Code of Ordinances of the City of Denton; creating a new Article X
"Health and Building Standards Commission" of Chapter 2 "Administration" of the Code
of Ordinances of the City of Denton; providing a severability clause; and declaring an
effective date.
City of Denton City Council Minutes
May 11, 2010
Page 5
Kurt Hansen, Building Official, stated that the proposed amendments to the Code included:
1. Change in house numbering requirement - the minimum numbering height requirement will
be changed from three inches to four inches which will be consistent with the minimum
numbering height requirement of the City adopted Fire Code.
2. Relocation of Article X - Article X is currently located within Chapter 28 of the Code of
Ordinances. However, due to changes in Chapter 17 and future anticipated changes to Chapter
28, staff recommended that Article X be relocated to Chapter 2 to be grouped in a chapter that
was more appropriate for the City's boards, commissions, and committees.
3. Hear appeals and variance requests - staff was recommending that authority be given to the
CAAB to hear appeal and variance costs associated with Chapters, 13, 14, and 17.
4. Appointment of Alternate Members - at times, the CAAB which was currently comprised of
7 members, had a difficult time with a quorum. Staff was recommending that two or more
alternate members be added. These alternates would assure that there will be at least a quorum
present at the meeting for regular cases and at least six members present to hear variance cases.
Staff, with the endorsement of the Fire Marshal, was also recommending that in cases involving
the Fire code, if no current Board members were experts in fire related specialties, the Council
appoint one or two alternates to hear and vote on fire matters.
5. Appointment of a Vice-Chair- staff was recommending the creation of a vice-chair position to
sit in place of the Chair when the Chair was absent.
6. Appeal Application clarification - this recommendation was to clarify that an application for
appeal to the CAAB had to meet specific criteria such as questions of interpretation, applicability
or new or alternative practices.
7. Name Change of Board - it was recommended that the name of the Construction Advisory
and Appeals Board be changed to more accurately reflect the total oversight authority of this
body. Staff was recommending that the Board be renamed the Health and Building Standards
Commission.
Council Member Engelbrecht asked about the areas for alternates and whether there would be
two separate alternates or the same alternates for different cases.
Hansen stated that the alternates could be the same individuals who would hear and appear for
fire code issues. It was felt that there needed to be individuals with more expertise in those types
of appeals. However, there could be two separate sets of alternates.
Council Member Watts questioned if there were a full membership present on a fire issue, would
the alternates vote or be in an advisory capacity and only vote if members were absent.
City Attorney Burgess stated that as the ordinance was written, there would be a seven member
board with two alternates in the event of fire cases, the number could change to nine members.
City of Denton City Council Minutes
May 11, 2010
Page 6
Council Member Watts suggested snaking the provision clearer about having up to nine members
on the board.
Council Member Engelbrecht questioned if that would be treating fire cases differently due the
number of members needed for a quorum.
City Attorney Burgess stated that the specified majority vote might change in number but it
would be dependent on how many members showed up for the meeting.
City Manager Campbell stated that this was an unusual case and suggested designating one of
the seven members as a fire representative so there would not be a different number needed for a
quorum.
City Attorney Burgess suggested in cases involving the International Fire Code, the Fire
Marshal, or his designee, would be an ex-officio member to the Commission but have no vote on
any matter.
The following ordinance was considered:
NO. 2010-133
An ordinance amending Section 25-10(b) "Owner or Occupant to Place House Numbers"
of Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of Ordinances of the
City of Denton; repealing Article X "Construction Advisory and Appeals Board" of
Chapter 28 "Buildings and Building Regulations" of the Code of Ordinances of the City
of Denton; creating a new Article X "Health and Building Standards Commission" of
Chapter 2 "Administration" of the Code of Ordinances of the City of Denton; providing a
severability clause; and declaring an effective date.
Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance with
the amendments as suggested by the City Attorney. On roll call vote, Council Member Watts
"aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
Following the completion of the Special Called Regular Session, the Council convened in a
Closed Meeting at 4:53 p.m. to consider the following:
1. Closed Meeting
A. Consultation with Attorneys - Under Texas Government Code, Section 551.071;
Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
I. Receive a briefing, discuss, deliberate and provide direction concerning
the status of litigation in the pending Texas Municipal Power Agency
("TMPA") case entitled Ex Parte Texas Municipal Power Agency I, Cause
No. D-1-GN-08-003426, pending in the 126t' Judicial District Court in
City of Denton City Council Minutes
May 11, 2010
Page 7
and for Travis County, Texas; Ex Parte Texas Municipal Power Agency
II, Cause No. D-1-GN-08-003693, in the 261't Judicial District Court in
and for Travis County, Texas; and Texas Municipal Power Agency,
Plaintiff v. City of Bryan, Texas Defendant, Counter Plaintiff and Third-
Party Plaintiff v. City of Denton, Texas and City of Garland, Texas,
Third--Party D(,fendants, Cause No. 28169, pending in the 506th Judicial
District Court in and for Grimes County, Texas; and the status of the steps
necessary to resolution of each of the said Public Utilities Commission of
Texas pending disputed proceedings as to TMPA and its four Member
Cities (Bryan, Denton, Garland and Greenville). A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas. Discuss and deliberate
public power competitive electric and financial issues that are involved in
finalizing the above-referenced TMPA litigation, including, but not
limited to the City's position regarding a proposed "Amendment to Power
Sales Contract" of TMPA.
The Council concluded the Closed Session at 5:35 p.m.
With no further business, the meeting was adjourned at 5:35 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS