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Minutes October 13, 1998CITY OF DENTON CITY COUNCIL M1NUTES OCTOBER 13, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 13, 1998 at 5:15 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. The Council convened into a Special Called Meeting on Tuesday, October 13, 1998 at 6:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Young. AB SENT: Council Member Kristoferson 1. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract with Jeff Watson, Denton County Elections Administrator, for the coordination, supervision and running of the City's November 3, 1998 Special Election. The following ordinance was considered: NO. 98-336 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JEFF WATSON, DENTON COUNTY ELECTIONS ADMINISTRATOR, FOR THE COORDINATION, SUPERVISION AND RUNNING OF THE CITY'S NOVEMBER 3, 1998 SPECIAL ELECTION; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Following the completion of the Special Called Meeting, the Council convened into a Work Session. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None City of Denton City Council Minutes October 13, 1998 Page 2 1. The Council received a report, held a discussion, and gave staff direction concerning a mid- franchise review of Marcus Cable's cable television system in Denton, Texas. Richard Foster, Public Information Officer, stated that the current cable television agreement with Marcus Cable provided an opportunity for a mid-year review of the operation. Charles Gramlich did a review of the franchise and found that Marcus was in substantial compliance with the agreement. There were two areas that were not in substantial compliance: The FCC required an annual proof-of-performance test that had not been done since 1996 and customer service standards pertaining to answering their telephones on time were not being met. Since the review and visit, Marcus had successfully completed the FCC proof-of-performance tests for 1998. Regarding customer service, Marcus continued to improve in this area. They had hired additional customer service representatives and provided them with additional training. Council Member Cochran questioned the decision of passing the cost of the consultant to the taxpayers and not only to the subscribers. Foster stated that there were some parts of the charges regarding rates that were distributed among multiple systems. The language in the agreement that was adopted in 1988 provided that the cable operator would pay for the cost of the review. Since that time, Federal regulations indicated that cable operators could pass that cost on through to its subscribers as a cost of doing business. Rather than passing that cost on to the subscribers, it was felt that it would be more beneficial to pay that cost out of the contingency fund and not burden the ratepayers. 2. The Council received a report, held a discussion, and gave staff direction regarding a proposed application for a cable television franchise by Nortex Telcom L.L.C. including approval of an application form and the establishment of a nonrefundable application fee. Richard Foster, Public Information Officer, stated that Council had reviewed this item in August. Nortex Telcom already had a phone franchise with the City and was now asking for a television franchise. As part of the process, an application form would have to be completed and Nortex would have to submit a non-refundable application fee. Nortex was asking for a different type of franchise than Marcus that would require additional legal research and an additional expense. Staff needed Council direction as the requested franchise was different from the one with Marcus. Nortex was not interested in servicing the entire city but rather only areas in the southern part of the City. He presented three options for Council consideration as noted in the agenda materials. Council Member Cochran asked if Nortex was proposing to have discounted rates to reflect the less service to be provided. Foster stated that it would not be a lesser service to the customer but rather would be a lesser service area. After discussion, the consensus of Council was to prepare an ordinance following Option C. 3. The Council received a report, held a discussion and gave staff direction regarding review of the City Charter. City of Denton City Council Minutes October 13, 1998 Page 3 Betty Williams, Assistant to the City Manager, stated that a review of the Charter was identified as an action item for 1999 during the Council's annual planning session. Two options available to Council were an administrative review of the Charter or a comprehensive review of the Charter. Mayor Pro Tern Beasley stated that after 20 years it was time to revisit the Charter and take care of any inconsistencies. The time line would be very short for a May election and would require an administrative review. She suggested including the boards and commission issue with membership and the conflict of interest provision. She would like to see an administrative review with a May election. City Attorney Prouty stated that a charter commission would not be required with an administrative review as it would with a comprehensive review. Council Member Young suggested including a change in the Charter to provide for Council to receive compensation for being on Council. City Attorney Prouty stated that all amendments to the Charter would have to be submitted to the voters. Council Member Cochran indicated that he was not in favor of including pay for Council. Council Member Kristoferson felt that the Council should look at an administrative review for the first time and then an in-depth look in the future. City Attorney Prouty stated that Council would have to wait two years after amending the Charter before amending it again. He felt it would be helpful to have amendments to the utility portions of the Charter for a possible future sale of a portion or all of the utility system. Council Member Burroughs asked if that would be a comprehensive review of the Charter. City Attorney Prouty felt that it might be close and Council might want to appoint a charter commission. If Council limited the issues to the electric utility issue and the pay for Council election, it would not be a comprehensive review. It might be a close call for those who might not like the issue. Consensus of the Council was to work towards an administrative review of the Charter to deal with such issues as gender neutral, legal references, personal injury provisions, Council Member qualifications, elections, Municipal Court of record, taxation, revenue and general obligation bonds, franchises, board and commissions, facilitation of utility deregulation and conflict of interest. The issue of pay for Council would not be included. Staff would review the proposed calendar and schedule on how Council and staff would work on the issue. 4. The Council received a report, held a discussion, and gave instructions to staff regarding the draft interim Corridor Ordinance. Dave Hill, Director of Planning and Development, stated that at the August 1 lth work session Council agreed to give staff and the Chamber of Commerce an opportunity to discuss a new site City of Denton City Council Minutes October 13, 1998 Page 4 plan review format suggested for the draft corridors ordinance. This work session was scheduled to allow for an opportunity for Council comments before an ordinance was drafted and reviewed. The proposal contained guidelines in response to issues identified previously and were to be used by the Planning and Zoning Commission and Council during a site plan review for proposed development on property located within a designated corridor. It was felt that this approach would be appropriate for an interim measure. When the comprehensive review was done, other options could be looked at. The site plan review process was based on draft guidelines to allow consideration of individual property features and development characteristics. The details of the proposed procedures were included in the agenda materials. East McKinney had been dropped from the list and Highway 380 was downgraded from a gateway to an entranceway. Council Member Cochran asked about a discussion of"big box" developments along the corridors. Hill stated that that had been considered but was changed to a guideline rather than a regulation. Nothing had been discussed regarding scale or mass. Council Member Cochran stated that he would like to explore the option of incentives to encourage parking not on the street yard. Council discussed the pros and cons of the proposal with discussions on the "one size fits all" grandfather clause. Consensus of the Council was to continue with the proposed timeline and receive feedback from the Chamber of Commerce. 5. The Council received a report, held a Growth Management Strategy Survey and Schedule. discussion, and gave staff direction regarding the Growth Management Strategy Public Involvement Dave Hill, Director of Planning and Development, stated that a statistical sample regarding perceptions on developmental growth had been conducted. He reviewed the questions asked on the survey and the results of those ratings. Council discussed the survey results and the application of those results. Consensus of the Council was to proceed with schedule of proposed meetings as indicated by staff. 6. New Business The following items of New Business were suggested by Council for future agendas: plant. Council Member Young requested an update on the clean-up of the old concrete With no further business, the meeting was adjourned at 9:05 p.m. City of Demon City Council Minutes October 13, 1998 Page 5 JACK MILLER, MAYOR JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS