Minutes February 10, 1998 CITY OF DENTON CITY COUNCIL MINUTES
February 10, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, February 10, 1998 at 5:15 p.m. in the Council Work
Session Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
The Council convened into a Work Session on Tuesday, February 10, 1998 at 6:00 p.m. in the City
Council Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council received a report from Denton Convention and Visitor’s Bureau regarding
program updates and new initiatives.
Jane Jenkins, Chair-Denton Convention and Visitor Bureau stated that the mission statement of the
Bureau was to promote events and attractions, provide hospitality, education and ensure a positive
experience to Denton visitors. Part of that mission was to not concentrate on conventions but rather
concentrate on events and attractions. Events and attractions were promoted by staff in various
channels. There was a hospitality education committee to provide education to businesses and other
groups. Another task force dealt with the billboard to the north of Denton. That task force worked on
setting a policy on how that billboard would be used and what to put on the billboard. She reviewed
the current organization of the Bureau.
Christine Gossett, Manager-Denton Convention and Visitor Bureau stated that the Bureau published
many brochures and information guides. She listed the organizations, both community-wide and
regional that the Director and Administrative Assistant were involved with. The Bureau had a contract
with Anderson Hanson for promotional planning, media packages, assisting with writing and design of
various print materials, etc. Gossett detailed community organizations/attractions assisted by Anderson
Janson in 1997.
2. The Council received a report, held a discussion, and gave staff direction on proposed
consulting studies for:
A. Land use planning and forecasting services
B. Wastewater collection system master planning and engineering services related to
comprehensive plan development and impact fee implementation.
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February 10, 1998
Page 2
Dave Hill, Director of Planning and Development, stated that the scope of work for forecasting and
land use planning services would be coordinated with the engineering and impact fee consultant
services needed to achieve the tasks identified in Scenario 2. A schedule (Scenario 2) was selected to
allow completion of the comprehensive plan before proceeding to impact fee tax. The consultants
would provide a ratio of tax revenue from different land uses.
Jill Jordan, Interim Director for Water/Wastewater Utilities, stated that Applied Geographic
Technologies was the vendor for the state of the art wastewater system computer model already
purchased by the City. The firm provided consulting services in addition to a software vendor role and
was the only consultant interviewed with the capability of analyzing the potential for in-line storage of
excess wastewater during rain events for treatment later at the plant. This firm would be working with
two subcontractors - James Duncan and Associates and Alan Plummer Associates. Duncan was a
nationally recognized impact fee consultant and was on the cutting edge for work with variable rate
impact fees. Plummer would perform an update of the master plan for the water system and had
successfully completed several projects for Denton. Jordan reviewed the scope of engineering work
for the wastewater master plan and the water master plan as indicated in the agenda back-up materials.
A road and drainage impact fee feasibility study would also be include in the project and would
provide a variable rate option analysis. Special services to provide would include scope of potential
work with additional attendance at public meetings by consulting team members and preparation of the
impact fee ordinance. The contract included funding for these services but work would not be done
unless the City authorized it in writing. The total cost of the contract was $265,890 with funding to
initially to be provided by water bonds. The Wastewater and General Fund would reimburse the Water
Department for those portions of the work when funds become available. The RUST contract and the
roadway feasibility study would be funded by a loan split between water and wastewater using
unreserved retained earnings. General Government would pay back both principal and interest after
October 1, 1998.
Council Member Young asked how the amount of fee was determined.
Jordan stated that that was what the consultant would help with. There were many different options
such as rate depending on size of meter, variable rate throughout the community, a flat rate throughout
community. Whether to have full cost recovery or partial cost recovery would have to be determined.
Mayor Miller stated that the fees had to be spent on what they were collected for such as water impact
fee for water projects.
Council Member Beasley stated that Scenario 2 would spread out some of the costs. The whole
process was moving up by using Scenario 2.
Rick Svehla, Deputy City Manager, stated that James Duncan would study drainage and transportation
fees. Not all of the costs had been seen yet. It might not be cost effective to have transportation and
drainage fees. The process was not really moved up but rather was being taken in pieces.
Council Member Beasley stated that the costs would take care of all of the work for a comprehensive
plan and for water, wastewater and impact fees.
Mayor Miller stated that this would provide preliminary data to decide whether to proceed with
transportation and drainage fees.
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February 10, 1998
Page 3
Svehla replied yes.
Jordan stated that the schedule contained an agreement with the contractor that if the Council chose to
speed up the process, it could be done and with no extra charge.
Consensus of the Council was to proceed with the contracts for Council consideration.
3. The Council received a report, held a discussion, and gave staff direction regarding a proposed
landscape ordinance. (P&Z recommended approval, 5-2.)
Dave Hill, Director for Planning and Development, stated that this was the third of the ordinances
requested by the Council for implementation activities. The proposal would substitute the draft
ordinance for the current ordinance and would be a complete replacement. Detailed specifics included
the idea to manage an urban forest for the City and the 20-20 rule. The 20-20 rule worked toward the
goal of 20 trees per acre and 20% of gross lot area developed to planting area. This was not the way
other cities were doing landscaping ordinances. The ordinance was brief in an effort to make the
regulations understandable, and easily administered and enforced. The draft would be an interim
ordinance because further changes would be anticipated when the street tree requirements were added.
Street tree requirements were temporarily postponed until a right-of-way strategy could be developed
as part of the comprehensive plan.
Council Member Young asked how the trees would be preserved.
Hill stated that instead of a tree removal permit, the developer would have to show limits of grading
and clearing. Outside that area the developer could not remove any trees. There would always be an
inventory of what was on-site before development and what was removed.
Mayor Pro Tem Brock stated that this proposal would remove the distinction between protected and
unprotected trees.
Hill replied correct that any area outside the area of grading and clearing could not be disturbed and
could not be cut down. This was also a site disturbance device and not just a tree preservation
ordinance.
Council Member Young asked what would happen if trees were cut down without a plan.
Hill stated that that would be a violation of the ordinance and subject to a $500 per violation fine per
day.
City Attorney Prouty stated that the ordinance read $500 for each instance that meant one transaction.
If 20 trees were cut down at one time that would be one instance. There might be a need to look at
and change the language of the ordinance. It might be necessary to make it clear that each tree would
be a separate instance.
Council Member Beasley asked about residential property.
Hill stated that as soon as the final inspection was completed, residential property did not apply.
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February 10, 1998
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Council Member Beasley asked about agricultural land.
Hill stated that the property would make a declaration of land use for agricultural purposes, obtain a
permit for grading and clearing which was good for five years. An original proposal but one which
was rejected was for a per stem fine for removal. That proposal could be reviewed.
City Attorney Prouty stated that the ordinance also stated that each day the developer remained out of
compliance, he would be fined.
Council Member Durrance suggested options be studied for a fine so as to avoid clear cutting and just
paying the fine.
Council Member Cochran stated that the ordinance encouraged certain footprints through incentives.
He liked the idea of performance incentives for landscaping such as placing parking in back rather than
in front of a business.
Hill stated that the current ordinance stated that if the parking lot were in the rear, perimeter
landscaping screening would not have to be done. The interior requirements would still be in effect. A
question was that if moving the parking lot to the back was encouraged, would the building be allowed
to be moved further forward on the property with no landscaping.
Council Member Kristoferson asked about an incentive to save larger trees.
Hill stated that when a site was designed, a developer could save money if he saved trees.
Mayor Pro Tem Brock stated that some kind of mechanism was needed for saving “monarch” trees
which would be special trees to save due to their size and age.
Hill stated that the process would include a presentation at the Development Review Committee of the
proposed limits of grading and clearing with a tree inventory. A distinction could be made in the
ordinance between large trees and monarch trees.
Mayor Pro Tem Brock stated that there was no requirement for irrigation in the landscape ordinance
and felt that that might be addressed in the ordinance.
Hill stated that survival was critical during the first three years of planting. The current ordinance only
required a hose bib within 100 feet of the landscaping. There was a need to promote the use of native
trees and plants. If irrigation were required, conservation measures would be needed. This would
cause increases in landscaping costs.
Mayor Miller felt that once the investment was made, most individuals would do the right thing and
keep the plants alive.
Consensus of the Council was to continue with the process with a public hearing on Feb. 17th.
Council Member Kristoferson also asked to consider the wording for monarch trees and a review of
the penalty clause.
4. The Council received an update and held a discussion regarding the Denton Plan Schedule,
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February 10, 1998
Page 5
with the intent of adding the following work items:
Lighting Ordinance
Thoroughfare Corridor Overlay District
Affordable Housing Research
Dave Hill, Director of Planning and Development, stated that these items would be added for review.
The time frame for the Denton Plan was expected to extend to the end of 1999, as currently scheduled.
The implementation items added were of shorter duration, and would be completed, at least on an
interim basis, before the end of 1998. Staff would remain on task with the comprehensive plan but
might temporarily slow down small area planning during the summer and fall of 1998.
Consensus of the Council was to proceed with the schedule as presented.
5. The Council received an update and held a discussion regarding the City of Denton Landfill
Expansion Project.
Howard Martin, Assistant City Manager for Utilities, stated that in January the contract was awarded
for the construction of the slurry wall and dewatering. The first part of March would complete the
initial activities. Staff was in the process of bidding out the cell construction contract. The existing
facility would be fully utilized around the August time frame and should be sufficient without problems.
First cell would be a three-year site and Phase 2 would start after that.
Council Member Beasley stated that the contract was to excavate the whole area of cell one.
Martin replied correct.
Council Member Beasley stated that each of the smaller areas would require additional money to
prepare.
Martin replied correct. Phase 2 would include 2A, 2B, 2C, etc.
6. The Council received a report, held a discussion, and gave staff direction regarding the 1998-
99 budget calendar.
Jon Fortune, Director of Management and Budget, presented the proposed budget calendar as
indicated in the agenda back-up materials.
Consensus of the Council was to proceed with the schedule as presented.
7. The Council received a report, held a discussion, and gave staff direction regarding the 1998-
99 City Council Budget Priority Questionnaire.
Jon Fortune, Director of Management and Budget, stated that each year the City budget process began
with the completion of the Budget Priority Questionnaire by City Council. He asked Council to review
the list of possible service areas to be included in the 1998-99 questionnaire and make any suggestions,
th
additions or deletions. The questionnaire would be distributed on February 11 and was due back by
th
February 17.
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February 10, 1998
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8. Presentation of the Comprehensive Annual Financial Report for the year ended September 30,
1997.
Terry Kyle , Deloitte and Touche, stated that the audit resulted in several reports and opinions. The
general-purpose financial statements resulted in a clean or unqualified opinion which meant that the
financial statements were presented fairly in accordance with generally accepted auditing standards.
The second report was a Report to Management. This report made suggestions to the city for areas of
improvement. Internal controls contained no material weaknesses. Three specific recommendations
were made in this area. None of these recommendations related to the current operations but rather
dealt with future situations. The first recommendation dealt with the preparation for the year 2000
regarding computer readiness. The second recommendation dealt with a specific accounting matter for
investments and the third recommendation dealt with a technical issue for deferred compensation plan.
The single audit report now contained two reports. One related to the audit of internal control over
financial reporting which indicated no material weaknesses. The second report related to an audit of
grants that also indicated no material weaknesses. He felt that the audit went well with no problems
and the scope of the work was not limited during the audit.
Kathy DuBose, Assistant City Manager for Finance, reviewed the response to the Management Letter
as indicated in the agenda back-up materials.
With no further business, the meeting was adjourned at 10:10 p.m.
_________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS