Minutes September 01, 1998CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 1, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting of the City of Denton City Council on Tuesday, September 1, 1998 at
5:45 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance,
Kristoferson, and Young.
ABSENT: None
1. Closed Meeting:
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.
Regular Meeting of the City of Denton City Council on Tuesday, September 1, 1998 at 7:00 p.m. in
the Council Chambers of City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance,
Kristoferson, 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 19, May 26, and May 29-31, 1998.
Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
PRESENTATIONS/AWARDS
Presentations
A. Yard of the Month awards
Mayor Miller presented the September Yard of the Month awards to:
Ron & Peggy Duvall
H.S. & Elizabeth Osborne
Environmental Education, Sciences and Technology Building-UNT
Kara Kristine Antique Galeria
Council received a presentation from Jennifer Wages regarding the Pave the Path project for
Nettie Schultz Park.
City of Denton City Council Minutes
September 1, 1998
Page 2
CITIZEN REQUESTS
4. The Council received a report from Lee Baker regarding communications.
Mr. Baker stated when he first signed up for his report he thought he would be delivering a negative
report to the Council but he decided to change his report. His daughter was married at the TWU
Little Chapel in the Woods and they contracted with the Woman's Building to hold their reception.
To their dismay, they learned that there would be a Blues Jazz Festival the same evening as the
wedding reception in the Civic Center Park with no provisions for parking for the wedding reception.
They had received no warning about the Festival and felt that there was no consideration for others in
the area for another event. Myra Anderson at the Civic Center worked out the parking arrangements
so that the event went off without a problem. He asked the Council to establish a policy on the rental
of the Woman's Building to coordinate events in the Civic Center Park with lines of communication
with all entities.
NOISE EXCEPTIONS
5. The Council considered a request for an exception to the noise ordinance for Cowboys for
Codi Memorial Rodeo on Friday and Saturday, September 18th and 19th and Saturday, September 26th
for 8:00 p.m. - 12:00 midnight.
Betty Williams, Assistant to the City Manager, stated that this was the third year for this group to
request a noise exception.
Kristoferson motioned, Durrance seconded to approve the exception. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
6. The Council considered a request for an exception to the noise ordinance for Rubber Gloves
Rehearsal Studio for an outdoor performance on Friday, September 11th from 9:00 p.m. - 1:00 p.m.
Betty Williams, Assistant to the City Manager, stated that this request was for an outdoor
performance on Friday, September 11th on Sycamore Street with a fenced-in area for the concert.
Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
CONSENT AGENDA
Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 1, 1998
Page 3
NO. 98-249
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF THE COLONY RELATING
TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH
PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES; AND
DECLARING AN EFFECTIVE DATE. (File #2272 - Interlocal Agreement with the
City of The Colony, Texas)
NO. 98-250
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A PATHOLOGICAL WASTE
INCINERATOR; PROVIDING FOR EXPENDITURE OF FUND S THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (Bid #2216 - Pathological Waste
Incinerator awarded to Crawford Equipment Engineering in the amount of
$41,109.00)
NO. 98-251
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR WATER TREATMENT SERVICE AND
CHEMICALS FOR THE ELECTRIC PRODUCTION PLANT; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE. (Bid #2239 - Water Treatment Service and Chemicals awarded
to Buckman Laboratories in the estimated annual amount of approximately
$50,000.00)
10.
NO. 98-252
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
INSURANCE CONTRACT FOR PROPERTY AND COMMERCIAL CRIME
COVERAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (Bid #2240 - Property Insurance
awarded to Arkwright Mutual Insurance Company in the amount of $212,318.00)
11.
NO. 98-253
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A HYDROMULCHER MACH1NE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (Bid #2241 - Hydromulcher awarded to
James Lincoln Corp. in the amount of $18,497.00)
City of Denton City Council Minutes
September 1, 1998
Page 4
12.
NO. 98-254
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR THE PURCHASE
OF PRIMARY AND SECONDARY CONNECTION PEDESTALS FOR THE
ELECTRIC DISTRIBUTION DEPARTMENT; PROVIDING FOR
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (Bid #2247 - Primary and Secondary Connection Pedestals awarded to
Wesco)
PUBLIC HEARINGS
13. The Council held a public hearing and received citizen input concerning the 1998-99 Annual
Program of Services.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
14. The Council held a public hearing and considered rezoning 3517 Teasley Lane from an
Agricultural (A) zoning district to a Conditioned Office (O[c]) zoning district. The 1.831-acre
property was legally described as Tract 7A of the J. Fisher Survey (Abstract 421) and was located on
the east side of Teasley Lane (FM 2181) approximately four hundred and seventy-five (475) feet
south of the Bent Oaks Subdivision. The proposal was to develop offices. (The Planning and Zoning
Commission recommended approval 7-0.) (Z-98-032, 3517 Teasley Lane)
Dave Hill, Director of Planning and Development, stated that this site was located on the east side of
Teasley Lane, south of the Bent Oaks subdivision. The proposal was to change the zoning from
agricultural to a conditioned office development for limited office uses. The Planning and Zoning
Commission recommended approval as proposed by and supported by staff. The eleven conditions
proposed were listed in the back up materials and matched those of the site directly to the north of
this site. All of the conditions severely limited the types of uses for the property, the esthetics of the
site, the building materials to be used and the appearance of the property from the roadway. A
neighborhood meeting was held with nine residents attending. The property was not platted and
would have to be platted before development. There would only be nine permitted uses with this
proposal. The total floor area was not to exceed 16,500 square feet that was prorated with the same
floor to area ratio as calculated with the other offices in the area.
The Mayor opened the public hearing.
Joey Higgins stated that the five acres north had been rezoned for office conditions. He requested the
same conditions as that property.
No one spoke in opposition.
City of Denton City Council Minutes
September 1, 1998
Page 5
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-255
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO OFFICE CONDITIONED (O[C]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.831 ACRES OF
LAND LOCATED AT 3517 TEASLEY LANE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
15. The Council held a public hearing and considered a request to amend a portion of the
approved concept plan for a planned development zone district (PD-120). The 270.48-acre tract was
located in north Denton on the south side of Loop 288, west of N. Locust Street. The amendment
proposed to reduce the amount of land for multi-family residential use by 35.37 acres, add 22.23
acres of land for office uses, increase the amount of land for single-family residential uses by 5.81
acres, and increase the land for park, stormwater detention and open space by 6.69 acres. The
proposed maximum number of housing units was reduced by 360 units. (The Planning and Zoning
Commission recommended approval (7-0) as modified.) (Z-98-027, North Pointe)
Dave Hill, Director for Planning and Development, stated that PD-120 would amend a portion of an
approved concept plan. It would reduce the amount of land for multi-family residential use by 35.37
acres, add 22.23 acres of land for office uses, increase the amount of land for single-family residential
uses by 5.81 acres and increase the land for park, storm water detention and open space by 6.69
acres. The proposed maximum number of housing units was reduced by 360 units. Traffic estimates
exceeded the low intensity requirements by 10-15% and there were issues regarding access over Loop
288. There were sufficient utilities within reasonable range of the site. If approved, the new concept
plan would replace the previous plan for boundaries of the property. Failure to approve this proposal
would keep the existing plan in place. He reviewed the summary of the concept plan factors that
were a part of the agenda back-up materials. There was no school site on the concept plan at this
point in time. The developers had had discussions with the DISD for possible reservation of land for
a site but nothing was definite at this point in time.
The Mayor opened the public hearing.
Otis Lee stated that the original Planned Development was done in the mid-1980's and the Denton
Development Plan was not available at that time. They had recently purchased the southern acres of
the Planned Development with several developers working together to rezone the property. He
stated that a number of changes had been made to the original planned development. Based on the
City of Denton City Council Minutes
September 1, 1998
Page 6
previous planned development that was approved, all the floor area ratios had been reduced, the total
number of dwelling units had been reduced, they had agreed to work with staff to set aside land for a
retention pond and agreed to discuss and work with the DISD for a potential school site.
Mayor Pro Tem Beasley asked where the park area would be located.
Lee stated that the southeast corner of the property had been reserved for a park with a detention
plan. The DISD had indicated that they would like a school adjacent to a park area with development
probably along southeast corner of property.
No one spoke in opposition.
The Mayor closed the public hearing.
Cochran motioned, Beasley seconded to approve the concept plan for PD 120 following the staff
modifications as brought to the Planning and Zoning Commission. That would include a floor area
ratio of 30.30 to 1 for moderate activity; the retail floor area ratio in low intensity of.25 to 1; office
floor area ratio of .25 to 1; neighborhood services low intensity area of 20 to 1; multi-family density
in moderate would be 18 units an acre; multi-family in low intensity of 12 units an acre; and single
family of 442 units an acre.
Council Member Kristoferson offered an amendment to the office zoning. Those conditions were #2-
11 listed on page 2 of the previous Bent Oaks office zoning. Item #8 would be deleted.
Council Member Cochran accepted that amendment to his motion, as did Mayor Pro Tem Beasley to
her second.
Lee stated that because of his understanding of the approval by the Planning and Zoning Commission
and the recommendation by staff with the additional constraints in place, he requested that the
proposal be tabled until he had time to evaluate the motion in detail. These were significant
restrictions on the office zoning that would have impacts on what might be available for development.
This was a different area than south Denton with no establishment of homes in the area. The original
floor to area ratios and densities presented by staff were felt to be to onerous for the property as well
as it being strongly suggested to dedicate an additional 15 acres for a detention area. Forty-five acres
out of 145 acres of residential was significant in itself without being asked to reduce the density over
and above that.
Mayor Miller stated that the proposal could be postponed. This would be a continuation of the public
hearing and it would not have to be re-advertised.
Burroughs motioned; Young seconded to postpone the proposal until the petitioner had time to
complete an evaluation of the conditions added. On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
City of Denton City Council Minutes
September 1, 1998
Page 7
16. The Council held a public hearing and obtained input on adoption of a proposed Capital
Improvements Plan and Impact Fees for water and wastewater facilities.
Jill Jordan, Director of Water/Wastewater, stated that the City was following state procedures for this
process. She presented a list of cities that already had impact fees and the amount of the fees as
indicated in the agenda materials. Impact fees determined who would pay for expansions of
infrastructures. It would determine whether a developer should pay or existing customers. Over the
next two years with the given population projections, a new water treatment plant would be needed.
If there were no impact fees, all of those facilities would have to be paid out of the existing rate
structure. That meant that without impact fees, there would be a series of rate increases over the
upcoming years. As the impact fees were enacted, the rate increases would decrease. The amount of
impact fee charged had a direct impact on the amount charged for water. The same was true for
wastewater increases. Thirty days after the public hearing, the impact fee ordinance had to be
enacted.
The Mayor opened the public hearing.
Ken Stout stated that impact fees would drive up the cost of homes in the area. He did not agree
with impact fees. If growth was in Denton, it was not necessary to have impact fees.
Sheryl Harding stated that she had a concern regarding a new development for a retirement home in
Denton. This would be an affordable housing complex for low-income housing. They had received a
HUD grant to build this facility with the funding already in place. Impact fees were not included in
the cost of the project. She asked for an exemption for the Fair Oaks development as an individual
project as the plans were already in the pipeline. If they received the exemption they could move
forward with the project. If additional money were needed for the impact fee, it would cause a
serious delay in the project and a delay for the elderly who needed the housing. There was a serious
need in the city for this type of housing and she asked the Council to consider this project for an
exemption.
Council Member Young asked if it were possible to allow an exemption for one project.
City Attorney Prouty stated that it would depend on how the exemptions were done. Exemptions
could be done for affordable housing with several methods to do this.
Council Member Young felt the Council was moving too fast on the impact fees and needed to settle
this portion of the issue first.
Linnie McAdams stated that the Affordable Housing Corporation worked closely with REACH and
Habitat for Humanity. She was against the application of impact fees to housing construction for
non-profit including the elderly and disabled. There had been a suggestion that it might be
discriminatory to exempt this type of housing for the fees. She felt it was no different from a tax
abatement that favored one business over another and that the same thing could be done for a non-
profit development of low income housing whether for single or multi-family housing. There were
similar ordinances in other cities. She asked the Council to pass an ordinance similar to the tax
abatement policy to allow those citizens to be part of the economic growth in safe decent housing.
City of Denton City Council Minutes
September 1, 1998
Page 8
Becky Olman stated that they had recently purchased property on Teasley Lane and would shortly be
developing Phase I. She asked the Council to consider grandfathering aspects of how the fee would
be applied to projects that already had the preliminary plat approved. She asked that the proposed
ordinance be sent to the development community for review.
City Attorney Prouty stated that property that was already platted would be grandfathered for a
period of one year.
Olman stated that they were only ready for Phase I and would have to deal with other phases that
would affect the property.
Rick Svehla, Deputy City Manager, stated that if the Council passed the impact fee on September
15th, it would be 14 days before it was enacted. There would be one more Planning and Zoning
Commission meeting before September 15th. If property was not platted by September 9th, it would
be subject to the ordinance. Platting meant the final plat and not the preliminary plat.
Council Member Young asked if there was a grace period included in the draft legislation.
Svehla replied not at this point in time.
City Attorney Prouty stated that if the Council went beyond the 30 days, the entire process would
have to be renoticed.
The Mayor closed the public hearing.
Mayor Miller stated that this issue was scheduled for the next Work Session to determine issues to be
included.
17. The Council considered adoption of an ordinance annexing a 15.088 acre tract located east of
Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction
northeast of 1-35E; establishing temporary Agricultural (A) zoning district classification and use
designation; and providing an effective date. Second reading, A-77. (The Planning and Zoning
Commission recommended approval 5-0.)
Dave Hill, Director of Planning and Development, stated that this was the second reading of the
ordinance to complete the annexation proceedings of this property. This would be part of a future
planned development proposal. The only consideration at this point in time was the 15.088 acres
annexation that would bring the property in as agriculture. The service plan for this proposal was
only for the 15 acres and not for the entire property in the future.
The following ordinance was considered:
NO. 98-256
AN ORDINANCE ANNEXING A 15.088 ACRE TRACT LOCATED EAST OF
SWISHER ROAD NEAR ITS INTERSECTION WITH EDWARDS ROAD IN
City of Denton City Council Minutes
September 1, 1998
Page 9
DENTON'S EXTRATERRITORIAL JURISDICTION NORTHEAST OF 1-35E;
ESTABLISHING TEMPORARY AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; AND PROVIDING AN
EFFECTIVE DATE
Young motioned, Beasley seconded to adopt the ordinance.
Council Member Kristoferson stated that having reviewed the proposal more carefully and now being
aware of the proposed use of the property for townhomes, she felt it was no longer advantageous to
annex this property into the City. She felt that the external roads to the property would require
significant upgrades to be fully usable by the area and that would have to be absorbed by the City.
The response to this area would be by Station 6 and this proposal would require significant additional
equipment and personnel for proper response times and for a second call.
Mayor Pro Tem Beasley asked for a clarification that the Council was not approving zoning at this
time. The property would be annexed as agricultural.
Hill stated that the maximum permitted use of this property under the annexation would be 15 single-
family homes on one-acre lots. The service plan was not related to townhome development.
Council Member Cochran stated that he would be voting for the annexation. The issue was whether
it was appropriate for this particular piece of property to be in the city limits which he felt it was. By
denying the annexation, the inevitable was only postponed and did not necessarily cure the problem.
The City had a higher level of control when property was within the city limits.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "nay",
Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
18. The Council considered adoption of an ordinance authorizing the Mayor to execute
amendment number six to the agreement between the City of Denton and HDR Engineering, Inc. for
professional engineering services for the City of Denton sanitary landfill development and expansion,
relating to Phase IV and Phase V thereof; providing for the expenditure of funds therefore; and
providing for an effective date.
Howard Martin, Assistant City Manager for Utilities, stated that this was an amendment to an existing
contract with HDR and would not exceed $26,000. HDR was the engineering firm on the landfill
since early 1993 and they were near completion of the activities on the landfill. This amendment
would provide the necessary oversight for completion of the project.
The following ordinance was considered:
NO. 98-257
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
NUMBER SIX TO THE AGREEMENT BETWEEN THE CITY OF DENTON
AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING
City of Denton City Council Minutes
September 1, 1998
Page 10
SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL
DEVELOPMENT AND EXPANSION, RELATING TO PHASE IV AND PHASE
V THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye".
Motion carried unanimously.
19. The Council considered adoption of an ordinance authorizing the City Manager to execute a
professional services agreement for engineering and surveying services related to the relocation of
water and wastewater utilities along U.S. Highway 77 from Interstate Highway 35 to U. S. Highway
380, in Denton, Texas, with RUST Environment & Infrastructure, Inc.; authorizing the expenditure of
funds therefor; and providing an effective date.
Jill Jordan, Director of Water/Wastewater, stated that this contract would provide for the engineering
work on utility relocation to widen Highway 77 to the Interstate. The City had to move the utilities
out ofTxDOT's way for the reconstruction. There was a need to obtain a number of easements from
different people along the right-of-way. The first phase on the contract would be for the design of the
basic engineering work. The second phase would provide a special survey for a legal description of
each parcel of land. The number of parcels was not known at this point in time with 125 parcels
allowed for at this time at $990 for each parcel. Only existing lines would be affected with the
exception of a 20 and 16 inch line at high school line.
The following ordinance was considered:
NO. 98-258
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND
SURVEYING SERVICES RELATED TO THE RELOCATION OF WATER AND
WASTEWATER UTILITIES ALONG U. S. HIGHWAY 77 FROM INTERSTATE
HIGHWAY 35 TO U.S. HIGHWAY 380, IN DENTON, TEXAS, WITH RUST
ENVIRONMENT & iNFRASTRUCTURE, INC.; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Miller "aye". Motion carried with a 6-1 vote.
20. The Council considered adoption of an ordinance on Second Reading authorizing the Mayor
to execute a third amendment to the existing agreement between the City of Denton and Texas
Utilities Electric Company extending the term therefore for an additional six month period; finding
and determining that the two meetings at which this ordinance is passed is open to the public as
required by law; providing for an effective date; and providing for acceptance of the agreement by
Texas Utilities Electric Company and publication of notice of the passage of this ordinance.
The following ordinance was considered:
City of Denton City Council Minutes
September 1, 1998
Page 11
NO. 98-259
AN ORDINANCE ON SECOND READING AUTHORIZING THE MAYOR TO
EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT
BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC
COMPANY EXTENDING THE TERM THEREFORE FOR AN ADDITIONAL
SIX MONTH PERIOD; F1ND1NG AND DETERMINING THAT THE TWO
MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS
UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE
PASSAGE OF THIS ORDINANCE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
Council Member Durrance stated that Items 21-28 were all the consideration of the resolutions the
Council had previously discussed and asked if all could be considered in one motion.
Council Member Young requested that #26 and #28 be pulled for separate consideration.
Council Member Cochran asked for separate consideration of Item #27.
Beasley motioned, Durrance seconded to adopt the ordinances for Items #21-25. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye",
and Mayor Miller "aye". Motion carried unanimously.
21. NO. R98-041
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE (TML) TO
SUPPORT THE RECOMMENDATIONS MADE BY THE TML LEGISLATIVE
POLICY COMMITTEE ON COMMUNITY AND ECONOMIC DEVELOPMENT
REGARDING ANNEXATION, EXTRATERRITORIAL JURISDICTION,
EM1NENT DOMAIN, SUBDIVISION, LAND USE, BUILDING CODES, SALES
TAX, LIBRARY DISTRICTS AND OTHER MUNICIPAL POWERS.
22. NO. R98-042
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT LEGISLATION TO EXCLUDE NEW GROWTH FOR THE PURPOSE
OF DETERMINING NOTICE AND HEARING REQUIREMENTS TRIGGERED
BY ADDITIONAL AD VALOREM TAX REVENUE.
23. NO. R98-043
City of Denton City Council Minutes
September 1, 1998
Page 12
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
SPONSOR LEGISLATION ALLOWING THE USE OF LOGO READER
BOARDS ALONG INTERSTATES LOCATED OUTSIDE URBANIZED AREAS
WITH A POPULATION OF 250,000 OR MORE.
24.
NO. R98-044
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT LEGISLATION AMENDING THE TEXAS OPEN MEETINGS ACT
AND THE TEXAS PUBLIC INFORMATION ACT TO ALLOW CITY
COUNCILS OF CITIES OWNING AND OPERATING THEIR OWN ELECTRIC
UTILITIES TO NEGOTIATE AND DISCUSS POWER SALES AND OTHER
CONTRACTS IN EXECUTIVE SESSION AND TO WITHHOLD THOSE
CONTRACTS OR PORTIONS OF CONTRACTS WHERE TO DIVULGE THIS
INFORMATION WOULD BE DETRIMENTAL TO THE COMPETITIVE
POSITION OF THE CITY.
25.
NO. R98-045
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT LEGISLATION AMENDING THE TEXAS LOCAL GOVERNMENT
CODE {}252.021 TO ALLOW ALL CITIES UNDER 100,000 POPULATION TO
SOLICIT ALL INSURANCE BIDS THROUGH COMPETITIVE SEALED
PROPOSAL INSTEAD OF COMPETITIVE BIDDING.
26. The Council considered approval of a resolution requesting the Texas Municipal League to
support legislation regarding the repeal of {}3.25 l(d) of the Public Utility Regulatory Act to allow
cities to compete against local exchange telephone carriers in communities where the quality,
selection and cost effective pricing of telecommunication services are inadequate.
Council Member Young indicated that he would be voting against the resolution as government
should not compete with private enterprise.
The following resolution was considered:
NO. R98-046
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT LEGISLATION REGARDING THE REPEAL OF {}3.25 i(D) OF THE
PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE
AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNITIES
WHERE THE QUALITY, SELECTION AND COST EFFECTIVE PRICING OF
TELECOMMUNICATION SERVICES ARE INADEQUATE.
Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye",
City of Denton City Council Minutes
September 1, 1998
Page 13
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Miller "aye". Motion carried with a 6-1 vote.
27. The Council considered approval of a resolution requesting the Texas Municipal League to
seek introduction and passage of legislation amending Texas Local Government Code {}551.074
(Texas Open Meetings Act) to allow members of governmental bodies to deliberate board and
commission appointments in executive session.
The following resolution was considered:
NO. R98-047
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SEEK
INTRODUCTION AND PASSAGE OF LEGISLATION AMENDING TEXAS
LOCAL GOVERNMENT CODE {}551.074 (TEXAS OPEN MEETINGS ACT) TO
ALLOW MEMBERS OF GOVERNMENTAL BODIES TO DELIBERATE
BOARD AND COMMISSION APPOINTMENTS IN EXECUTIVE SESSION.
Durrance motioned, Beasley seconded to approve the resolution.
Council Member Cochran stated that he would be voting against this resolution as he felt the Council
was not hampered by not doing this in executive session and the procedure would not be furthered by
doing this in executive session.
Mayor Miller stated that this was done to protect the individual in order to have discussions.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye",
Young "nay", and Mayor Miller "aye". Motion carried with a 5-2 vote.
28. The Council considered approval of a resolution requesting the Texas Municipal League to
support legislation to expand the Texas Local Government Code {}395.001 to include authority for
implementation of impact fees for school facilities.
The following resolution was considered:
No. R98-048
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT LEGISLATION TO EXPAND THE TEXAS LOCAL GOVERNMENT
CODE {}395.001 TO INCLUDE AUTHORITY FOR IMPLEMENTATION OF
IMPACT FEES FOR SCHOOL FACILITIES.
Burroughs motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Miller "aye". Motion carried with a 6-1 vote.
29. Consideration of Standard Hours Area Petition:
City of Denton City Council Minutes
September 1, 1998
Page 14
A. Consider adoption of an ordinance establishing a standard hours area, reducing the
hours for sale of mixed drinks, beer and wine, pursuant to Sections 105.03,105.04, and 105.06 of the
Texas Alcoholic Beverage Code; and establishing an effective date.
- OR-
B. Consider adoption of an ordinance ordering an election to be held in the City of
Denton, Texas on November 3, 1998 for the purpose of considering a standard hours area ordinance
that would reduce the hours of sale of mixed drinks, beer and wine, pursuant to Sections 105.03,
105.04, and 105.06 of the Texas Alcoholic Beverage Code; and making provisions for the conduct
thereof.
City Attorney Prouty stated that the Council had two alternatives for consideration. The first was to
adopt the ordinance as proposed. The second alternative was to call an election for Nov. 3rd to have
the electors determine the fate of the ordinance.
Mayor Pro Tem Beasley stated that she was in favor of placing the item for an election by the
citizens. The Council already voted twice on this issue and felt the citizens needed to decide the
issue. She felt there should be a joint election with the County as it would afford most of the citizens
the most information on where to go to vote.
The following ordinance was considered:
NO. 98-268
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS ON NOVEMBER 3, 1998 FOR THE PURPOSE OF
CONSIDERING A STANDARD HOURS AREA ORDINANCE THAT WOULD
REDUCE THE HOURS OF SALE OF MIXED DRINKS, BEER AND W1NE,
PURSUANT TO SECTIONS 105.03, 105.04, AND 105.06 OF THE TEXAS
ALCOHOLIC BEVERAGE CODE; AND MAKING PROVISIONS FOR THE
CONDUCT THEREOF.
Beasley motioned, Young seconded to adopt of election ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
30. The Council received a report, held a discussion, and give staff direction regarding the 1998-
99 proposed budget.
Kathy DuBose, Assistant City Manager for Finance, stated that the budget was balanced at this point
in time. Unless the Council had other items for discussion, staff would bring back an ordinance for
consideration. Questions from the last budget discussion included identifying funding to cover grants
for non-profit affordable housing exemptions for impact fees. It was estimated that those costs would
be approximately $100,000. The Municipal Court receipts projection changed and current year's
collections would cover $60,000 for this project. One time funding could be set aside for next year
for these grants. As necessary the City Manager indicated that his contingency fund could be used for
any amount over $60,000 that would be required next year. The other issue was the hotel/motel
occupancy tax allocations. An additional scenario would be a 4% growth for three years.
City of Denton City Council Minutes
September 1, 1998
Page 15
Consensus of Council was to go with a 4% growth.
31. The Council considered nominations and appointments to the City's Boards and Commissions.
There were no nominations/appointments at this meeting.
32. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
33. New business
The following items of New Business were suggested by Council for future agendas:
A. Council Member Young asked for a report dealing with the number of individuals
allowed in a single dwelling unit.
B. Council Member Durrance asked for an update on removing heavy truck traffic from
Highway 380.
34. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open
Meetings Act.
There was no continuation of the Closed Meeting.
35. Official Action on Closed Meeting items held under Section 551-071-551.085 of the Texas
Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 10:15 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS