Minutes April 28, 1998 CITY OF DENTON CITY COUNCIL MINUTES
April 28, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, April 28, 1998 at 5:15 p.m. in the City Manager’s
Conference Room.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Closed Meeting:
A. Consultation with Attorney–Under TEX. GOV’T. CODE Sec. 551.071
1. Considered strategy and discussed status of case with City Attorney in
litigation styled Denton County Historical Museum, Inc. v. Denton County,
Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed in
the Probate Court of Denton County, including, but not limited to issues
related to allegations of breach of contract and ownership of artifacts.
B. 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 Special Called Meeting on Tuesday, April 28, 1998 at 6:00 p.m. in the
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 considered approval of a resolution to declare the intent to reimburse expenditures
from unreserved retained earnings of the fleet services fund with certificates of obligation bonds; and
providing an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated the fuel storage island at Fleet Services had
to be replaced to meet regulations enacted by TNRCC. These regulations had to be completed by
December 1998. Funds from the Fleet Services unretained earnings would be used and reimbursed
with certificates of obligation next year.
The following resolution was considered:
NO. R98-019
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED RETAINED EARNINGS OF THE FLEET SERVICES FUND
WITH CERTIFICATES OF OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
April 28, 1998
Page 2
Brock motioned, Beasley seconded to approve the resolution.On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
2. The Council considered adoption of an ordinance approving an interlocal agreement between
the City of Denton, Texas, and Texas Woman’s University to provide funding for the construction of
off-street parking to replace parking lost by the expansion of U.S. Highway 380 and a jogging trail;
authorizing the Mayor to execute the agreement; approving the expenditure of funds therefor; and
providing an effective date.
Rick Svehla, Deputy City Manager, stated that the City had been working with TWU for a year to help
mitigate the changes the reconstruction of Highway 380 would entail. A substantial amount of parking
would be removed from TWU and this agreement would provide a number of spaces and a jogging
trail with park.
The following ordinance was considered:
NO. 98-115
AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS, AND TEXAS WOMAN’S UNIVERSITY TO PROVIDE
FUNDING FOR THE CONSTRUCTION OF OFF-STREET PARKING TO REPLACE
PARKING LOST BY THE EXPANSION OF U.S. HIGHWAY 380 AND A JOGGING
TRAIL; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Young 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.
3. The Council considered adoption of an ordinance of the City of Denton, Texas amending
Chapter 10 “Finance and Taxation” of the Code of Ordinances of the City of Denton by adding Article
VII to provide for abating of the increase in the assessed value of historically significant sites for tax
purposes which results from appropriate repairs and renovation to historic buildings in the downtown
commercial district of the City of Denton; providing a severability clause; providing a savings clause
and providing an effective date. (Historic Landmark Commission recommended approval 8-0;
Downtown Development Advisory Board recommended approval 7-0)
Denisha Williams, Main Street Manager, stated that this ordinance was revised slightly since the
Council’s review at the last Work Session. One substantial change was that if a building were
destroyed by a natural disaster there might not be enough time for application for a building
permit or a demolition permit, so the time frame was extended for that situation.
The following ordinance was considered:
City of Denton City Council Minutes
April 28, 1998
Page 3
NO. 98-116
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 10
“FINANCE AND TAXATION” OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON BY ADDING ARTICLE VII TO PROVIDE FOR ABATING OF THE
INCREASE IN THE ASSESSED VALUE OF HISTORICALLY SIGNIFICANT SITES
FOR TAX PURPOSES WHICH RESULTS FROM APPROPRIATE REPAIRS AND
RENOVATION TO HISTORIC BUILDINGS IN THE DOWNTOWN COMMERCIAL
DISTRICT OF THE CITY OF DENTON; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Council Member Cochran asked that the boundary on South Elm be changed to match the
boundary on Locust Street.
Brock motioned, Cochran seconded to adopt the ordinance with the correction in the boundary
on South Elm. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”,
Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
4. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a first amendment to the professional services agreement for consulting
services relating to the Denton Municipal Electric Utility with R. J. Covington Consulting for
professional services related to electric restructuring and deregulation; authorizing the expenditure of
funds therefor; and providing an effective date.
Sharon Mays, Director of Electric Utilities, stated that this contract would cover a number of tasks
dealing with electric deregulation. The first task would be to devise specifications on how to purchase
power from other entities.
The following ordinance was considered:
NO. 98-117
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO THE
DENTON MUNICIPAL ELECTRIC UTILITY WITH R. J. COVINGTON CONSULTING
FOR PROFESSIONAL SERVICES RELATED TO ELECTRIC RESTRUCTURING AND
DEREGULATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Durrance 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.
Following the completion of the Special Called Meeting, the Council convened into a Work Session.
1. Presentation by Council of Governments (COG) and the Dallas Regional Mobility Council
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April 28, 1998
Page 4
(DRMC) on transportation issues.
Vic Suhm, COG, presented a slide presentation regarding regional transportation issues in the
area. Factors contributing to growth in travel included continued population and employment
growth, a dramatic increase in growth in the suburbs, an increase in licensed drivers, an increase
in vehicle ownership and growth in drive alone travel time. Policy initiatives to address
congestion included advanced transportation management, revenue/policies to assist
implementation, land use/transportation coordination, travel demand management, and capacity
improvements. The solution included using technology to better manage the system, improve and
expand the system and change community behaviors and habits. The mobility plan included many
capital improvements for roadways and commuter/light rail transportation. Texas transportation
funding needs showed that 78% of Texas roadways were in need of repair or modernization and
Texas was rated first in the nation in the number of substandard bridges. Factors contributing to a
financial shortfall included the impact of inflation on fixed state and federal gasoline tax, new
automobile fuel efficiency standards, Texas federal gas tax donor status, federal trust fund as part
of the unified federal budget, federal gas tax diversion to balance the budget, state transportation
fund diversions and federal and state funding levels had not kept pace. Potential federal and state
strategies to address the funding shortfall included increased federal spending for transportation,
the return to Texas of 95% of the Texas Federal Fuel tax receipts, the stopping of the diversion of
state transportation funds for non-transportation uses, increased fees for heavy trucks, the
collection of state motor fuel taxes at the refinery rather than at distribution centers, the modifying
of the state fuel tax structure to be a percentage of the fuel price, and increased state motor fuels
tax, motor vehicle registration and first-time vehicle registration fees.
2. The Council received a briefing and held a discussion on land use assumptions for impact fee
implementation, and set a date for public advertisement of the land use assumptions.
Jill Jordan, Director of Water/Wastewater Utilities, stated that the land use assumptions were
required as part of the procedures for enacting impact fees. The Advisory Committee
recommended the land use assumptions for Council consideration. Council had already passed
and approved the holding of a public hearing for June 2nd to receive citizen comments on the
assumptions. As part of the State regulations, an advertisement had to be placed three times in
the newspaper. The assumptions were based on the market forecast. The assumptions should be
reviewed every three years for correctness.
Consensus of the Council was to proceed with the public notice.
3. The Council received an update and held a discussion on the Chapman Lake (Cooper Lake)
water supply project (proposed UTRWD Lake Lewisville Pass-Through Agreement).
Jill Jordan, Director of Water/Wastewater Utilities, stated that Denton was participating in a
cooperation agreement to approve a contract to allow the Upper Trinity Regional Water District
(UTRWD) to flow their share of Lake Chapman water through Lake Lewisville using the right Denton
had for storage, water yield and withdrawal permits. She reviewed the history of the project as
indicated in the agenda back-up materials. This was a pass through agreement and not an intent to
acquire storage rights or to impact water yield from Denton. Denton’s utility staff had requested the
assistance of Freese and Nichols to evaluate this contract in greater detail and provide
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April 28, 1998
Page 5
recommendations to Denton on negotiating the terms and conditions of this agreement. Freese and
Nichols was still working on this evaluation and Denton’s utility staff was not prepared to recommend
approval on the pass through agreement. Goals were to minimize the impact on Denton’s water
supply, not impact Denton’s rights and make sure the quality of water into Lake Lewisville would not
adversely impact Denton’s water quality. Two issues to consider would be whether to participate in
the pass through agreement and if so, with what terms. A second topic was whether to continue to
participate in the Chapman project. The cost of the pipeline was approximately $60 million. Sources
of raw water supply for the UTRWD now were unused City of Denton Ray Roberts/Lewisville water
and the City of Dallas. The terms for the pass-through agreement as proposed by the UTRWD were:
Denton would allow the UTRWD to pass water through Lake Lewisville, UTRWD would seek a
reuse permit with Denton and Lewisville supporting the application, Denton would allow the UTRWD
to pass reused water through Lake Lewisville, UTRWD would pay Denton $.02 per thousand gallons
for water passed through. There would be no payment for Denton water from Chapman. The
UTRWD would try to use or sell excess Denton water from Lake Chapman, the price would equal the
Dallas System raw water price. When Lake Lewisville was in a flood state, the UTRWD would buy
interruptible water from Denton at a price equal to the Dallas interruptible price, accounting for water
would be annual or monthly. Concerns with the proposed UTRWD operation included whether Irving
and North Texas MWD could reach an agreement on installing a larger pump at Chapman; with
multiple possible sources of water, who would the UTRWD actually buy water from and in what
order; would the UTRWD have enough capacity to peak off, pump more in the summer from the
pipelines from Lake Chapman without using Denton’s storage in Lake Lewisville; what would the
UTRWD do if deliveries were interrupted; is the UTRWD water use forecast reliable enough for
planning; can Denton sell interruptible supplies to UTRWD when Lake Lewisville was in a flood stage
and if so, how much and under what terms would Denton sell interruptible water; would Dallas be
comfortable with the proposed operation; and what would be the financial impact to Denton to
participate or not in the Chapman Project?
Mayor Miller asked about the relationship between the pass through and the pipeline.
Jordan stated that the pass through was the next phase in the pipeline.
Mayor Miller wanted to make sure that the agreements did not jeopardize Denton’s storage.
Consensus of the Council was to continue with the preparation of the proposed contract.
4. The Council received a report, held a discussion, and gave staff direction regarding an official
City of Denton, Texas map that indicates the locations and boundaries of the drug-free zones as
outlined in the Texas Health and Safety Code §481.134 and §481.135.
Scott Jenkins, Denton Police Department, stated that in 1993 the State legislature adopted a law that
established drug free zones. These zones were buffer zones of 1000’ around schools, educational
facilities, playgrounds, and daycare centers. The zone extended 300’ around youth centers and
arcades. To be able to enforce that law, the City would have to adopt an official map that designated
and showed the locations within the City as well as the buffer zones.
Council Member Durrance expressed a concern that part of the boundaries of the zones were along
highways. He questioned if the zones would apply in such a case.
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April 28, 1998
Page 6
City Attorney Prouty stated that he had not looked into that but would do so. There were still some
Constitutional questions that needed to be examined.
Consensus of the Council was to proceed with the program and the examination of pending legal
questions.
5. The Council received a presentation from Dennis Wilson and held a discussion regarding
design standards used by municipalities to enhance community aesthetics and image.
Dave Hill, Director of Planning and Development, stated that this was the fourth presentation
regarding the overall development process.
Mr. Wilson presented a slide presentation regarding design standards used by municipalities to enhance
community aesthetics and image.
6. The Council received a report and provided direction to staff regarding the preliminary
approach to a corridor ordinance.
Dave Hill, Director of Planning and Development, presented a schedule for proceeding with the
consideration of a corridor ordinance. The ordinance would be completed by mid-June and staff
needed feedback regarding the classification system for the corridors and identification of issues for
specific topics. The Small Area Planning section was working on this project as a small area plan. The
classification system showed a three-part hierarchy of roadways. The differentiation of the roadways
was based on size, volume and type of access. Entranceways were not limited-access facilities and
were accessed directly off entranceways and rural roadways. Rural roadways were less developed
roads. The urban area within Loop 288 and I35 was not designated as a specific corridor because if
were designated as a corridor there would be a more urbanized development pattern.
Mayor Miller felt that Highway 380 might need to be added as an entranceway.
Council Member Beasley asked why Mayhill Road was not included.
Hill replied that it had a potential to be major traffic mover in the future. Issues associated with the
corridors included screening, architectural design, parking layout, site access, traffic circulation,
signage, and landscape setback. The proposal was not ready for the development of an ordinance but
staff wanted to present the basic issues to Council.
Council Member Cochran asked if staff had any examples of scenic easements that might be included in
the ordinance.
Hill stated that to date standards for scenic easements from other cities had not been located.
Council Member Durrance expressed concern with the types of screening that would be allowed. He
would be in favor of a more natural type of screening
Consensus of the Council was to continue with the development of the proposal.
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April 28, 1998
Page 7
7. The Council received a presentation, held a discussion, and provided instructions to staff
regarding the public review schedule for the Alternative Development Scenarios, which have been
prepared to allow community examination of city growth management options.
Dave Hill, Director of Planning and Development, stated that the Denton Plan process included a stage
devoted to forecasts of population growth and land use demand. This stage also entailed an evaluation
of the fiscal impacts that would be envisioned in providing public services to new residents and
previously under developed land. The plans did not reflect existing land use. These were typical
development patterns given these types of development options. These were options for development
on how the City viewed development.
Council Member Cochran suggested enhancing the questionnaire with a narrative explanation
regarding the implications and why it was important. He suggested using advertising each month to
present the proposal in easy language.
Representatives from HOK presented four alternative development scenarios for (1) corridors, (2)
urban centers (3) neighborhood centers and (4) compact growth. The scenarios described the potential
growth management options that were commonly used by cities throughout the United States. Details
were presented in the agenda back-up materials.
Council held a discussion regarding the various scenarios presented.
Consensus of the Council was to continue with the public meetings and to include an extra meeting to
be held in southeast Denton.
8. The Council received a report and held a discussion regarding annexation and public service
extension policies to areas currently outside the City of Denton municipal limits.
This item was not considered.
With no further business, the meeting was adjourned at 11:20 p.m..
________________________________ _______________________
JENNIFER WALTERS JACK MILLER
CITY SECRETARY MAYOR
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS