Minutes July 15, 1997CITY OF DENTON CITY COUNCIL MINUTES
July 15, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, July 15, 1997 at 5:45 p.m. in the Police Conference Room
of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: None.
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney -- Under TEX. GOV'T. CODE Sec. 551.071
Discussed and considered compromise and settlement agreement by and
between the City of Denton, the University of North Texas and the Texas
Woman's University resolving their claims and disputes 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.
Consultation with Attorney -- Under TEX. GOV'T. CODE Sec. 551.071 and
deliberations regarding real property under TEX. GOV'T. CODE Sec. 551-072
Discussed and considered property purchases and proposed damage claims
relating to expansion of the City's landfill.
Conference with Employees -- Under TEX. GOV'T CODE Sec. 551.075. The
Council received information from employees or questioned employees during a staff
conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, July 15, 1997 at 7:00 p.m. in the Central
Jury Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: None.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. The Council considered approval of the minutes of May 6, 1997.
Young motioned, Beasley seconded to approve the minutes.
City of Denton City Council Minutes
July 15, 1997
Page 2
Council Member Cochran stated that he and Council Member Kristoferson were sworn in at that
meeting and the minutes following that did not reflect their votes. He asked for a correction.
Mayor Miller asked that the motion be withdrawn and the amended minutes be considered at the next
meeting.
PRESENTATIONS/AWARDS
Mayor Miller presented a proclamation for National Therapeutic Recreation Week.
3. Presentation of Keep Texas Beautiful Awards.
Cecile Carson stated that there were five awards to present to groups and/or individuals. They were
Newton Rayzor Elementary School, Zan Austin, South Lakes Nature Center Committee, Lettie
Grooms, Safety Kleen Corporation. Two awards were awarded to the City for the Governor's
Community Achievement Award and Sustained Excellence Award.
CITIZEN REPORTg
4. The Council received a citizen report from Dessie Goodson regarding the Freedom of
Information Act and the process of placing items on a City Council agenda.
Ms. Goodson stated that agendas should be as specific as possible with names of parties including
pending litigation. She asked why her lawsuit had never been placed on an agenda for consideration.
The Council did not follow the laws for the Open Meeting Act and violations of the Open Meetings
law would not be tolerated by the Attorney General. At the last Council meeting, she heard a remark
from Council Member Young that it was un-American and unconstitutional to cut off the plans of a
developer. What was un-American was what the City had done to her since 1993, leaving her without
utilities for a year. She stated that the City had charges against her for utility services, which were too
old and not correct.
5. The Council received a citizen report from Brien Mason regarding bias on the part of the City
of Denton Police Department and the social influence thereof.
Mr. Mason did not speak at the Council meeting.
6. The Council received a citizen report from Maynard Johnson regarding harassment by the City
of Denton Police Department.
Mr. Johnson was not present at the meeting.
Fair.
The Council received a citizen report from Carol Ann Ganzer regarding the North Texas State
Ms. Ganzer stated that it was time for the 69th North Texas State Fair. There was something for
everyone at the Fair and she urged everyone to attend.
City of Denton City Council Minutes
July 15, 1997
Page 3
Plllll lC, HEAR1NG~
8. The Council held a public hearing and considered adoption of an ordinance rezoning 0.536
acres from a Single Family 7 Conditioned (SF-7[c]) zoning district to a Planned Development (PD)
zoning district, and approved a detailed plan for an amenities center on the 0.536 acres. The subject
property was located approximately 1,100 feet east of the intersection of Lillian Miller and Teasley
Lane. (The Planning and Zoning Commission recommended approval 6-0.)
David Hill, Director of Planning and Development, stated that this item was a rezoning proposal. This
project was a half-acre site located within the approved Wind River Estates project located on Teasley
Lane and Lillian Miller Parkway. The amenities center was intended for neighborhood use with a
clubhouse and a swimming pool. The only question raised by the Development Review Committee
during the review process was that the proposal did not have the required number of parking spaces.
The greenway adjacent to the property might affect the parking in the area as individuals might park in
the pool parking area when using the greenway area.
Council Member Beasley asked if the pool was for residents only.
Hill stated that the pool was not restricted for residents but the intent was to keep it in scale for other
individuals.
Council Member Beasley expressed a concern about the parking. She felt that this was a large
development and there might be too much parking on the streets.
Hill stated that having only two handicapped parking spaces on Wind River Lane would be the least
disruptive to the Lane. If the required number of parking spaces was enforced, all of the property
would be used and much of the landscaping would be lost.
Council Member Young stated that areas such as these usually were only for the residents of the
development. He did not feel that parking would be a problem.
Mayor Pro Tem Brock felt that the pool would be similar to the one in Southridge as it was for the
residents only. The parking proposal was good.
The Mayor opened the public hearing.
Don Allen, Carter and Burgess, stated that this would be a private pool for the residents of the
development. It would be fenced and access would be controlled by a code, which only the residents
would have access to and could be changed if needed. The Center could be accessed through the trails
in the development and walking to the Center would be encouraged. He felt that the City's parking
requirements were not written with a private amenities center in mind.
Council Member Beasley expressed a concern about the neighbors around the Center that there might
be a parking problem in the future.
Allen stated that in his experience if a large parking lot was built, the residents would drive to the
Center. If there was little parking, they would not drive.
City of Denton City Council Minutes
July 15, 1997
Page 4
The Mayor closed the public hearing.
Mayor Pro Tem Brock suggested that to encourage people to walk to the Center there should be
sidewalks on the two sides of the street and bike racks at the Center. Excluding the regular parking
was good as the pool was only for the residents of the development. A condition might be added to
the ordinance to install adequate bike racks at the facility.
The following ordinance was considered:
NO. 97-195
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM A SINGLE FAMILY 7 CONDITIONED (SF-7[C]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, AND APPROVING A DETAILED PLAN FOR THE 0.536
ACRES THEREIN DEF1NED, THE SUBJECT PROPERTY BEING LOCATED
APPROXIMATELY 1,100 FEET EAST OF THE TEASLEY LANE/LiLLIAN
MILLER BOULEVARD INTERSECTION; PROVIDING FOR A PENALTY IN
THE MAX]3/FUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance with the added condition that bike racks be
installed. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
9. The Council held a public hearing and considered adoption of an amendment to Section 34-114
of the Code of Ordinances concerning the definition of "estate subdivision". (The Planning and Zoning
Commission recommended approval 7-0.)
David Hill, Director for Planning and Development, stated that this item would change the way in
which the minimum width of estate lots was defined. It would ensure that a certain width would be in
the platting process for estate lots and would allow for irregular shaped lots.
Council Member Young asked if this proposal would meet the requirements of the Denton
Development Plan.
Hill replied correct.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
July 15, 1997
Page 5
The following ordinance was considered:
NO. 97-196
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION
34-114 "STREETS" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS TO AMEND THE DEFINITION OF "ESTATE
SUBDIVISION"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
A SAV1NGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
10. The Council held a public hearing and considered adoption of an ordinance amending Section
34-115 of the Code of Ordinances relating to driveway corner clearance at the intersection of two local
streets. (The Planning and Zoning Commission recommended approval 7-0.)
David Hill, Director for Planning and Development, stated that the proposal would amend the code
dealing with driveway corner clearance at the intersection of two local streets. This standard was
inadvertently omitted when the Code of Ordinances was last codified.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
NO. 97-197
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION
34-115 "DRIVEWAYS AND PARKING LOTS" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS TO AMEND THE
MINIMUM CORNER CLEARANCE REQUIREMENTS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A SAV1NGS CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller
"aye". Motion carried with a 6-1 vote.
~(}N~ENT AGENDA
Young motioned, Brock seconded to approve Consent Agenda and supporting ordinances. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye",
and Mayor Miller "aye". Motion carried unanimously.
City of Denton City Council Minutes
July 15, 1997
Page 6
11
NO. 97-198
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES
OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2060 -
Brochures for Parks Department)
12.
NO. 97-199
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES
OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2062 - 26
Passenger Paratransit Bus)
13
NO. 97-200
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2063 - PC Software Training)
14.
NO. 97-201
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2054 - Asbestos Abatement)
15.
NO. 97-202
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OR MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. #75957
- Power Technologies Inc.)
16.
NO. 97-203
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS (NCTCOG) RELATING TO PARTICIPATION
IN VARIOUS CITY OF DENTON CONTRACTS WHICH PROVIDE FOR THE
City of Denton City Council Minutes
July 15, 1997
Page 7
PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN
EFFECTIVE DATE.
17.
NO. 97-204
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.
18.
NO. R97-029
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE
1997-1998 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT;
AND DECLARING AN EFFECTIVE DATE.
ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION
19. The Council considered adoption of an ordinance adopting a new detailed plan for 70.654
acres in Planned Development 35 (PD-35). The subject property was located between U.S. 377 (Ft.
Worth Drive) and F.M. 1830 (Country Club Road), approximately 1,700 feet south of Hobson Lane.
(The Planning and Zoning Commission recommended approval 5-0.)
Mayor Miller stated that this item had been postponed from the July 1 st meeting. It was postponed
after the public hearing was closed so that it was a regular agenda item rather than a public hearing.
David Hill, Director of Planning and Development, stated that this was a continuation of a tabled item
from the July 1st meeting. A memorandum included in the Council's back-up listed the items which
Council had requested for further information. The first item was a moratorium.
Herb Prouty, City Attorney, stated that he had previously provided a memorandum stating that the
Council could declare a moratorium which would have to be limited in time and scope. If the Council
decided to do a moratorium for residential development, it should first declare a moratorium limited to
a time frame of 30-60 days to six months at the most. The Council could then decide whether to limit
all residential development or just some residential development. If Council did do a moratorium
because of a concern regarding the amount of current residential development, it was suggested that
within a few weeks of the moratorium, an overlay-zoning ordinance or interim-zoning ordinance be
considered which would allow some residential development. This would avoid a situation where all
residential development was stopped on all zoned lots.
Council Member Young asked for the legal ramifications if a moratorium was done.
City Attorney Prouty stated that a moratorium was an extreme measure. It should not be considered
unless the Council was really concerned about problems with the current amount of residential
development. It was legal but would have to apply to either all residential development or some
specific portion of residential development.
Mayor Miller expressed a concern regarding a point of order. Could the Council consider a
City of Denton City Council Minutes
July 15, 1997
Page 8
moratorium relative to this case or would the moratorium have to be a posted item for consideration at
a future meeting.
City Attorney Prouty stated that if Council's direction was to proceed with a moratorium, it could not
be done at this meeting as it would have to be posted and an ordinance would have to be considered.
That ordinance would apply to either all residential development or some portion of residential
development.
Mayor Miller asked how the discussion of a moratorium related to this case.
City Attorney Prouty stated that it was one option on how to handle this case. Another option would
be to defer the case until the Council was able to declare a moratorium due to a desire to complete the
revisions of the Denton Development Plan.
Council Member Young asked what would be the legal ramifications if the Council decided to delay
this case until the completion of the Denton Development Plan.
City Attorney Prouty stated that there would be the possibility of a lawsuit. It was recommended to
limit the moratorium in time and scope and enact an interim ordinance to allow residential development
on zoned property within the City.
Council Member Young asked if this project were delayed would similar projects have to be delayed.
City Attorney Prouty stated that the moratorium would apply to all residential development or some
portion of residential development.
Council Member Cochran asked if the moratorium would have to be specifically related to something
addressed in the Denton Development Plan.
City Attorney Prouty stated yes that it would have to either be linked to something in the Denton
Development Plan or some other type of situation.
Council Member Cochran asked if a moratorium were enacted would the petitioner still be able to use
the plan already approved.
City Attorney Prouty replied correct.
Hill stated that the next issue was park dedication and tree preservation.
Doyle Cameron stated that the developer had acquired the fights to purchase a portion of land adjacent
to the proposal and was willing to dedicate it to the City for a park. The Parks Department felt that
since this area was a linear arrangement, it would be an asset to the City. The park would be attached
to the site with a bridge and a path. The park would be developed later when the City was ready to do
so. There would be 21 acres in the park with 15.2 in the 100-year flood and 6.4 out of 100-year flood.
There was a requirement of all of the builders to put in a certain number of trees for the subdivision.
The total number of trees was approximately 510 with only 80 trees being removed.
City of Denton City Council Minutes
July 15, 1997
Page 9
Mayor Pro Tem Brock asked Ed Hodney if the park was acceptable in size to fit into the long-range
plan.
Ed Hodney, Director of Parks and Recreation, stated that if this developer were following the
voluntary ordinance, he would be required to put in 3.6 acres of parkland or provide the fees in lieu of
dedication. This was far in excess of the standard. It was a lovely site and was close to the Hickory
Creek drainage way. The trails plan for the Denton Development Plan showed this area as part of the
City's trail system.
Rick Svehla, Deputy City Manager, stated that a traffic study was done by the applicant plus additional
information was obtained from staff Part of the issue was that these types of traffic issues were
considered during platting rather than during the zoning phase. All of the intersections at either of the
peak hours were reviewed. There were two "C" levels and based on existing count and the generation
of this proposal, level "C" would still be considered. There was some concern about the left turns/right
turns and kinds of improvements needed. There was also a concern about the percentage used with the
study because off-peak travel was considered with no schools in session. There was also a need to
look at the actual access point on Fort Worth Drive. It was felt that a larger number of residents in this
development would use that exit.
Council Member Kristoferson asked about the range of the "C" level.
Svehla replied that the levels of service dealt with how long there was a wait at an intersection. There
was concern about signalization at the intersections. FM 1830 and US 377 would eventually be
signaled and there might be some discussion about participation on signalization.
Council Member Kristoferson stated that the data in the study was from 1994.
Svehla replied that that appeared to be the case.
Hill presented information on sewer and water capacity. He reviewed the placement and size of the
sewer and water lines. In all cases, the capacity of the water and sewer lines was adequate. He also
reviewed the density of the proposal vs. the previously approved plan which was located in the agenda
back-up materials.
Council Member Young felt that the developer had done more than required with the park dedication,
the traffic study was a level C which was within the criteria, and the sewer and water problems were
answered. He felt the developer had satisfied all requirements which were asked of him. He asked if
the proposal met the Denton Development Plan as it was currently written.
Hill stated that there were some inconsistencies with the voluntary park dedication which would be
addressed with the 21 acres to be dedicated.
Cameron stated that the average lot size would be 7,021 square feet. The development would be
multi-size lots which would transition from one size to another. The traffic study did not use the 1994
figures. The developer would be willing to pay for a share of any traffic light which would be
necessary from this development.
City of Denton City Council Minutes
July 15, 1997
Page :~ 0
Don Pitts stated that he was adjacent to this proposal and it was not adequate at this point in time. The
traffic study had not addressed the traffic at Hobson Lane. Increasing traffic in the area would create a
problem in the area. Green space was suggested but that was only a suggestion and not part of the
proposal. There was green space available at South Lakes Park but there was no place for children to
walk there. He asked that the Council not approve this proposal and make a decision later after
finalization of the Denton Development Plan.
Cameron stated that the 21 acres would be a condition of the zoning and should be a part of the
motion.
Council Member Cochran asked about the process of reducing the speed limit in this area once the
development was started.
Svehla stated that the City would work with the Department of Transportation to reduce the speed
limit in that area.
Brock motioned, Young seconded to approve the proposal with conditions. Those conditions included
the acquisition and dedication of the 21-acre park site with access from the housing to the park site
being built with the other infrastructure.
Mayor Pro Tem Brock felt that all needed to be reminded that this area was next to a railroad track and
next to a storage facility. It was unreasonable that there should be large expensive houses on that site.
There would be a need to petition TxDOT to change the speed limit in the area with good
enforcement. There were many good points of the proposal especially with the park. She urged staff
to require turn lanes at the time of platting on U.S. 77 and Country Club Road as that would help with
the traffic problems.
Council Member Beasley stated that she would support the motion. The proposal met the conditions
of the current Denton Development Plan. Even a revised Plan would not change the requirements for
this area.
Council Member Cochran stated that he would be voting in favor of the motion. He appreciated the
dedication of parkland with the proposal.
Council Member Young felt that this was a good proposal especially with the dedication of the
parkland.
Council Member Kristoferson stated that she would be voting against the proposal. She acknowledged
that the developer had gone above and beyond the park dedication issue. Her concerns were for
traffic. There were already traffic problems in the area and this proposal would only add to those
conditions. The zoning recently approved in this area was not taken into the assessments in the area.
Council Member Durrance stated that he would be voting in favor of the motion due to the answers to
the previous questions raised. He was also concerned about the traffic problems. He was also
concerned that the Planning and Zoning Commission passed this proposal on to Council with five
minutes of discussion and Council had to deal many hours on the issue.
City of Denton City Council Minutes
July 15, 1997
Page :~ :~
M.C. Burch stated that he appreciated the actions of the City within the last two weeks to deal with the
questions of the proposal. He had 500 acres in the area which probably would be developed sometime
in the future.
Mayor Miller stated that Council Member Durrrance's point was well taken about the time for this case
but it was time well spent. There was zoning already in place for this planned development. What was
in place was a number of apartment buildings and even though there would be more homes with this
proposal, it would be better than the current planned development. The park dedication was excellent
for the proposal. He was not in support of a development moratorium in the City at this point in time.
Denton was one of the slowest growing cities in this area which was not necessarily bad. The Denton
Development Plan was a guide and not an absolute policy. The proposed development was a better
plan than what was currently approved.
Mayor Pro Tem Brock called the question.
The following ordinance was considered:
97-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
REVISED DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 35 (PD-35)
FOR THE 70.654 ACRES AS SHOWN IN THE ATTACHED DETAILED PLAN,
THE SUBJECT PROPERTY BEING LOCATED BETWEEN U.S. 377 AND F.M.
1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON LANE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN
THE ~ AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
On roll vote, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "aye", Young "aye", Brock
"aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
20. The Council considered adoption of an ordinance authorizing the City Manager to execute a
franchise agreement between the City of Corinth, Texas and the City of Denton, Texas Municipal
Electric Utility for payment of a franchise fee in connection with the furnishing of electric service to
customers in the City of Corinth, Texas.
Sharon Mays, Director of Electric Utilities, stated that this was a franchise agreement identical to the
one the City had with Texas Utilities which allowed the City to provide service to those customers who
requested such.
The following ordinance was considered:
NO. 97-206
City of Denton City Council Minutes
July 15, 1997
Page 12
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT BETWEEN
THE CITY OF CORINTH, TEXAS AND THE CITY OF DENTON, TEXAS,
MUNICIPAL ELECTRIC UTILITY FOR PAYMENT OF A FRANCHISE FEE IN
CONNECTION WITH THE FURNISHING OF ELECTRIC SERVICE TO
CUSTOMERS IN THE CITY OF CORINTH, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion
carried unanimously.
21. 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.
Bob Nelson, Executive Director for Utilities, stated that the next two items were related. In 1985 the
State legislature required utilities to give State educational institutions a 20% decrease on base rates.
The City of Denton utilized a provision for an exemption and had claimed that exemption for the past
two years. The two universities interpreted that exemption differently than the City. Rather than go to
a long lawsuit over the issue, an agreement was proposed over the past 20% reduction. The disputed
amount was approximately $1.2 million and the agreement was settling for $564,632. The City also
received a firm five-year contract with the two universities with an option to meet any competition for
two years thereafter. This was a win-win situation for a difficult situation.
The following ordinance was considered:
NO. 97-207
AN ORDINANCE OF THE CITY OF DENTON, TEXAS 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;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
22. 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.
The following ordinance was considered:
City of Denton City Council Minutes
July 15, 1997
Page 13
NO. 97-208
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF ELECTRIC RATES IN ORDINANCE NO. 96-207 BY THE
ESTABLISHMENT OF A DISCOUNT RIDER FOR STATE UNIVERSITIES
AND COLLEGES PURSUANT TO STATE LAW; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion
carried unanimously.
23. The Council considered renewal of the annual employment contracts for Assistant Municipal
Court Judges Kimberly Cawley, David Garcia and Earleen Murphy.
Robin Ramsay, Municipal Judge, stated that this was a renewal of the previous contracts of these three
assistant judges. This would extend the contracts of these judges for another year. The judges were
on-call by the scheduling of his office and had no set hours. There were no material changes in the
contracts for the next year.
Young motioned, Cochran seconded to approve the renewal of all three contracts.
City Attorney Prouty asked if the motion included authorization for the Mayor to sign the extension of
the contracts.
Council Member Young replied correct.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock
"aye", and Mayor Miller "aye". Motion carried unanimously.
24. The Council considered nominations/appointments to the City's Boards and Commissions.
Council made appointments as noted in the agenda back-up information.
25. Miscellaneous matters from the City Manager.
City Manager Benavides reminded Council of the quarterly meeting with the DISD Board of Trustees
the following day at noon at the Radisson.
26. New Business
The following items of New Business were suggested by Council Member for future agendas:
A. Council Member Young requested staff prepare a resolution in support of Denton
County in its border dispute with Tarrant County.
B. Mayor Pro Tem Brock suggested an area of "no stopping" for the 200 block of Collins
Street where the day workers site was located. People were stopping on the street instead of going on
City of Denton City Council Minutes
July 15, 1997
Page 14
to the site.
C. Council Member Young stated that there were many potholes east of Collins Street.
27. The Council did not continue the Closed Meeting under Sections 551-071-551.085 of the
Texas Open Meetings Act.
28. There was no official action on Closed Meeting items held under Sections 551-071-551.085 of
the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 10:05 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
Minutes071597.doc