Minutes July 08, 1997123
CITY OF DENTON CITY COUNCIL MINUTES
July 8, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting of the City of Denton City Council on Tuesday, July 8, 1997 at 5:15 p.m.
in the Police Department Conference Room of the Denton Municipal Complex, 601 E. Hickory,
Denton, Texas, at which the following items were considered:
PRESENT:
Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: None
1. Closed Meeting:
A. Consultation with Attomey -- Under TEX. CJOV'T. CODE Sec. 551.071.
1. Discussed and considered settlement of claim of Sangster and Tetreault claim
growing out of the drowning incident which occurred at Bell and Robertson
Streets in November, 1996.
B. Conference with Employees -- Under TEX. GOV'T CODE Sec. 551.075. The
Council received information fi.om employees or question employees during a staff
conference or briefing, but did not deliberate during the conference.
The Council convened into a Work Session on Tuesday, July 8, 1997 at 6:00 p.m. in the Jury Selection
Room of the Denton Municipal Complex, 601 E. Hickory.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: None
1. The Council received the 1997 Annual Parks and Recreation Board Report.
Doug Chadwick, Chair-Parks and Recreation Board, stated that there were three sections of the report.
The first section detailed the accomplishments of the Board from October 1995 through April 1997.
Several of the more important items included the use of part of South Lakes Park as a middle school
site, involvement with the Denton Youth Sports Association, strategic planning projects, and CIP
projects. The second section dealt with anticipated items which would be coming up during the year
such as developing a budget, the CMc Center Master Plan, an aquatic center feasibility study, and a
park land dedication policy. The third section dealt with needs and issues relating to parks and
recreation such as acquisition of new park land, park maintenance and operating resources, renovation
and restoration of the Civic Center complex, expansion of the aquatic facilities, youth services and
services to unserved and underserved individuals.
Council Member Beasley asked if the feasibility study had been completed.
Chadwick replied correct and that an economic feasibility study was also done.
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Council Member Beasley asked if progress had been made in hiring Hispanic employees at the Martin
Luther King, Jr. Recreation Center.
Ed Hodney, Director of Parks and Recreation, stated that progress was being made in that area and
that the addition of the COPS program would help. There were now more resources available to help
in that area.
Mayor Pro Tem Brock stated that there was a need at the Martin Luther King, Jr. Recreation center
for English classes.
Council Member Young stated that Denton had great schools and a great parks and recreation
program. He asked about a proposed date for the new playground equipment at the parks.
Hodney stated that the projects were already started. The contractor had started with McKenna Park
and would be going to Fred Moore Park next.
Council Member Young asked about possible plans for a park near Willow Creek.
Hodney stated that it was not in the strategic plan but had had conversations regarding that proposal.
Cost estimates would be presented to Council in the near future.
Council Member Cochran asked if an economic study had been done in regards to the use of the Civic
Center as a convention center.
Hodney stated that the study which was done was an adaptive use study to look at what was there and
what could be done with the building with possible uses and needs. The consultant presented 14
different kinds of uses and at this point there was nothing beyond that study.
Council Member Young felt that a convention center was needed in Denton to accommodate as many
as 500 people.
2. The Council received a Quarterly Update from TMPA Board Members.
Bill Giese, TMPA Board Member, stated that his report was divided into the categories of budget,
operations, legislation and regulation, and litigation. In the budget area, staff had submitted a proposed
fiscal year 1998 budget. The Budget and Audit Committee reviewed the budget with staff on June
26th and made several recommendations. Staff submitted a revised budget, which was scheduled for
approval on Thursday, July 10th. The method of collecting transmission costs was under discussion.
In prior years, TMPA paid the cost of transmitting power to the member cities and the loss of power
over the wires. Under the new PUC rules, transmission costs were allocated to users based on 70%
power consumption and a 30% distance component. B~an would like the transmission cost to be paid
by member cities based on the PUC formula. Other cities preferred that TMPA pay all the transmission
costs as required under the Power Sales Agreement. The Budget and P&O Committee reviewed the
CIP budget and suggested changes. Lignite mine maintenance, mine permitting, and lignite leases were
under review. The P&O Committee recommended several items be scaled back. In the operations
area, the plant was operating at a higher load level but stability was a serious problem. The digital
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125
control system needed additional tuning and the plant capacity might not reach 462 megawatts.
Discussions had taken place with Burlington Northern relative to coal transportation costs and the
construction of a rail spur and other rail transportation alternatives remained open. The Mission and
Goals Committee discussed possibly setting goals for the remainder of 1997 and fiscal 1998. Bids on
one dragline were opened and Board approval was scheduled for the July 10th agenda. Proceeds fi~om
that sale would be used to pay down the $29 million taxable debt. Requests for bids on the conveyor
would go out shortly. The highest bid was $5.7 million. Legislation and Regulation issues included the
fact that the postage stamp transmission rate of the PUC was still in litigation and retail wheeling did
not pass. The treatment of"stranded costs" was critical to effective t~ture TMPA operations. Making
legislators aware of this unique problem and the potential impact was essential. Legislation on tax on
coal did not pass. In the litigation area, the College Station litigation was in process and the courts
were expected to approve the Power Sales Contract Amendment sometime this summer.
3. The Council received a report and held a discussion regarding the Denton Central Appraisal
District's proposed budget.
Joe Forsythe, Denton Central Appraisal District, stated that he would be available to answer any
questions the Council might have.
Council Member Beasley asked for a review of what the District did.
Forsythe stated that the District was started in the late 1980% by State legislation with one in each
county. The purpose of the District was to appraise property for market value for taxing purposes.
The District was charged by State law to determine the market value of property. It did not set the tax
rate or amount of taxes an individual taxing jurisdiction would levy.
Council Member Beasley stated that the District appraised the property for all of the taxing units in
Denton County. The City of Denton really did not have a choice of whether to approve this budget as
the City could not do its own appraisals.
Forsythe stated correct that the City did not have the authority to do its own appraisals.
Council Member Beasley asked what was the increase in the City of Denton's funding to the Appraisal
District.
Forsythe stated that the estimate was $130,000 which the City would pay this year which was
approximately 4.31%.
Jon Fortune, Chief Finance Officer, stated that the City last year paid approximately $125,000 which
was about a $5,000 increase.
4. The Council received a status report with regard to the 1997 Draft Denton Development Plan
(DDP), reviewed a schedule of activities and gave staff direction.
David Hill, Director for Planning and Development, stated that this would be a status report on the
draft Denton Development Plan. The DDP was a policy guide for growth for the City of Denton. The
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City was currently operating under the 1988 DDP. In 1996, the Council appointed a Denton
Development Policy Committee to review the current plan. The Committee produced a draft concept
which was presented to the public at meetings. Following those public meetings, the draft was revised
and an updated version was adopted by Committee for Planning and Zoning and Council review. '
Those results were a list of 15 items for Council consideration and were included in the agenda back-
up materials.
Council Member Beasley stated that she would like to have further information on each of the 15
issues. She suggested that Council have intensive work sessions on just the 15 issues before passing
them on to the Planning and Zoning Commission. These work sessions could be done outside the
regular Council meetings for further information. It might be good for the Planning and Zoning
Commissioners to attend these sessions for their input. She did not want to slow down the whole
process and felt that this could be done in a couple of months.
Mayor Pro Tem Brock stated that she would second the proposal to have work sessions outside the
Council format to have individuals to present information.
Council Member Cochran felt that the suggestions were good. It was important to have a good
development plan and there was a need to be very careful on how to proceed. He supported Council
Member Beasley's proposal.
Council Member Durrance stated that there had been a dramatic change in developmental planning for
cities of various sizes. He would like additional information relating to those types of plans which
could be used for comparative analysis. He would like to see a comparative analysis of other plans
with the theories under which those plans were developed. He would support future additional
meetings with the Planning and Zoning Commission for future study.
Council Member Young stated that the park dedication policy should not be a mandatory policy as it
would hurt the local developers. Another issue was an impact fee which he felt was not a fee but rather
a tax. This would be a new tax and the developer would pass that cost on to the homeowner. He felt
that the Development Committee Board should be expanded to include more neighborhood
representation.
Mayor Miller suggested that the Council devote at least one Saturday to further explore these issues.
He suggested reviewing the 15 issues presented as well as including a review of the Denton
Development Plan and how those issues related to the DDP.
Council Member Beasley felt that the Council should receive input in planning and the issues and then
look at the proposed plan. Council would do this and would not go back to the committee.
Hill suggested that the Council go through some information sessions. To expedite the process the
Council could start with concepts on what other cities were doing, what worked and what did not and
then facilitate some activity to get on paper.
Mayor Miller suggested that at the first meeting Council consider the 15 issues and spend time
determining what each was. Council could then pick out what issues they wanted more information
on. He felt the consensus of the Council was to hold several planning meetings and determine from
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each one what to do next.
After discussion, it was decided that the first meeting would be held on Saturday, July 19th from 9:00 -
4:00 and would be posted as a work session. Planning and Zoning Commission members would be
invited to the session.
Following the completion of the Work Session, the Council convened into a Special Called Session to
consider the following:
1. The Council considered nominations/appointments to the City's Boards and Commissions.
The Council made nominations/appointments as indicated in the agenda materials.
2. The Council considered an appointment to the Sales Tax Citizen's Advisory Committee.
Council Member Young withdrew his nomination.
3. The Council considered approval of a resolution nominating a member to the Board of
Managers of the Denco Area 9-1-1 District.
Kathy DuBose, Executive Director for Finance, stated that this was a request by Denco Area 9-1-1 for
a nomination to their Board of Managers. Nominations tonight would be added to a list from all area
cities. Voting on a nominee would take place at a future meeting. The term of Olive Stephens was
expiring who was eligible and interested in reappointment.
Mayor Pro Tem Brock nominated Olive Stephens.
Consensus of the Council was to nominate Olive Stephens.
4. The Council considered adoption of an ordinance authorizing the Mayor to execute a
compromise and settlement agreement by and between the City of Denton, the University of North
Texas, and the Texas Woman's University resolving their dispute respecting the applicability of Section
2.2141 of the Public Utility Regulatory Act of 1995 to the parties; and authorizing the expenditure of
funds therefor.
This item was pulled from consideration.
5. The Council Considered adoption of an ordinance amending the schedule of electric rates in
Ordinance No. 96-207 by the establishment of a University Discount Rider relating to the two state
universities, pursuant to State law. .'
This item was pulled fi.om consideration.
6. The Council considered adoption of an ordinance authorizing settlement in the claim of S~a
Sangster.
The following ordinance was considered:
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Page 6
NO. 97-194
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
SETTLEMENT OF THE CLAIM OF SARA SANGSTER IN AN AMOUNT NOT
EXCEEDING $150,000; AUTHORIZING THE CITY MANAGER TO ACT ON
THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE
EXECUTION OF A RELEASE APPROVED AS TO FORM BY THE CITY
ATTORNEY; AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt ordinance. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion
carried unanimously.
With no further business, the meeting was adjourned at 8:45 p.m.
~i~R WALTERS
~2ITY SECRETARY
CITY OF DENTON, TEXAS
ACC003A3
CITY'OF DENTON, TEXAS