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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 Mayor Miller asked that the motion be withdrawn and the amended minutes be considered at the next meeting.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