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Minutes January 05, 1999CITY OF DENTON CITY COUNCIL MINUTES January 5, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, January 5, 1999 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. 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. B. Personnel – Under TEX. GOV’T. CODE Sec. 551.074 1. Considered annual evaluations of Municipal Judge, City Attorney, and City Manager. Regular Meeting of the City of Denton City Council on Tuesday, January 5, 1999 at 6:00 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 September 15, September 21, September 22, and October 6, and October 13, 1998. Mayor Pro Tem Beasley noted a typographical error in the minutes of October 13, 1998 and requested a correction. Durrance motioned, Beasley seconded to approve the minutes as presented and corrected. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PRESENTATIONS/AWARDS 3. Proclamations Mayor Miller presented a proclamation for “Girl Scout Cookie Week”. 4. January Yard-of-the Month Awards City of Denton City Council Minutes January 5, 1999 Page 2 Mayor Miller presented January Yard of the Month awards to: Mr. and Mrs. D. E. Rowan, Jr. Don and Norma Muller Children’s Book Express CITIZEN REPORTS 5. The Council received a report from Willie Hudspeth regarding the drainage easement at 623 Newton. Mr. Hudspeth was not present at the meeting. 6. The Council received a report from Dessie Goodson regarding perjury, obstruction of justice and conspiracy. Mr. Goodson was not present at the meeting. Jim Carter, Denton County Commissioner, spoke to Council regarding the County’s upcoming bond election on January 16th. The issue was for better bridges and roads for the County. CONSENT AGENDA Beasley motioned, Cochran 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. 7. NO. 99-001 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR AVENUE G DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2293 – AVENUE G DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION CO. IN THE AMOUNT OF $229,310) 8. NO. 99-002 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR RUDDELL STREET BRIDGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2298 – RUDDELL STREET BRIDGE IMPROVEMENTS AWARDED TO OSCAR RENDA IN THE AMOUNT OF $414,312 – SECTION E1) 9. NO. 99-003 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC City of Denton City Council Minutes January 5, 1999 Page 3 WORKS CONTRACT FOR PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2317 – PARK IMPROVEMENTS AWARDED TO PLAYGROUND SPECIALIST, INC. - $155,739) 10. NO. 99-004 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC METERS, CURRENT TRANSFORMERS, AND METER SOCKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2295 – ELECTRIC METERS, CT’S AND TRANSFORMERS AWARDED AS LISTED ON ORDINANCE EXHIBIT A, ESTIMATED ANNUAL EXPENDITURE $300,000) 11. NO. 99-005 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OILS AND LUBRICANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2300 – OILS AND LUBRICANTS AWARDED TO DOUGLASS DISTRIBUTION IN THE ESTIMATED AMOUNT OF $27,000) 12. NO. 99-006 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SALE OF SCRAP WIRE AND METAL; AND PROVIDING AN EFFECTIVE DATE. (BID #2301 –SALE OF SCRAP WIRE AND METAL ESTIMATED ANNUAL REVENUE $21,000 - COMMERCIAL METAL AND FULTON SUPPLY) 13. NO. 99-007 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF OVERHEAD AIR SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2306 – OVERHEAD AIR SWITCHES AWARDED TO PRIESTER SUPPLY IN THE AMOUNT OF $40,125) PUBLIC HEARINGS 14. The Council held a public hearing regarding the Growth Management Strategy. Dave Hill, Director of Planning and Development, stated that on December 15th the Council had a work session to discuss the Growth Management Strategy. Adoption of the strategy was scheduled for January 19, 1999. The Mayor opened the public hearing. City of Denton City Council Minutes January 5, 1999 Page 4 The following individuals spoke during the public hearing: Curtis Ramsay, 2028 Burning Tree, Denton, 76201 - favor Jesse Coffey, 3513 Granada Trail, Denton, 76205 - opposition The Mayor closed the public hearing. 15. The Council held a public hearing regarding the proposed annexation of a 116.7 acre property located on the north side of Hickory Creek Road, northwest of McNair Elementary School in Denton’s extraterritorial jurisdiction (ETJ). Dave Hill, Director of Planning and Development, stated that this was the first public hearing regarding a proposed annexation of a 116.7-acre tract. There would be several steps to follow before the completion of the formal annexation. Public notice had been given as required by law. That notice had been published in the Denton Record-Chronicle. In addition, six property owners who were within the 200-foot property limit were notified of the request. The 200-foot property notice was not a rd requirement for annexations. A neighborhood meeting was held on December 3 with notification being sent to neighboring property owners within 200 feet with no one attending. Staff had been receiving calls regarding the proposal. The new procedures for signage notification of zoning changes had started and individuals were questioning why the notices were going up so late. The signs were not posted for the annexation pubic hearing at the City Council but rather for the Planning and Zoning Commission’s public hearing for zoning. Water and sewer were available to the property. Access would be available from Hickory Creek Road. The property would have to be platted in accordance with City subdivision regulations even if not annexed. Dedication would be required along Hickory Creek with two small tracts existing outside the flood way and flood plain that cut through the eastern portion of the site. A good portion of the site would not be conducive to development. The storm water aspects of the property would have to be dealt with at the time of platting. Council Member Kristoferson stated that if the property were in the ETJ it would still need to be platted to the City’s regulations. Hill stated yes according to the City’s subdivision regulations. Council Member Kristoferson asked what type of leverage the City had on annexation if the proposed zoning were something it did not want. Hill stated in order to have some degree of control over the quality of development and the density, there needed to be zoning regulations. Council Member Kristoferson asked if the property could be annexed without granting the requested zoning. Hill questioned whether the applicant could withdraw the annexation petition if it appeared that the requested zoning would not be approved. City of Denton City Council Minutes January 5, 1999 Page 5 Herb Prouty, City Attorney, stated that the City had an informal policy that allowed applicants to withdraw their request if something happened with respect to it that they did not want. That had really only been applied to zoning cases but would probably apply to annexation cases as well. Council Member Kristoferson stated that a supermajority vote was required for annexations. If denied, would the applicant have to wait a year until reapplying. City Attorney Prouty stated the supermajority vote would only apply to the annexation. Unless there was a negative recommendation from the Planning and Zoning Commission or a protest on the zoning, a supermajority was not necessarily required. Those were really two separate issues. Council Member Kristoferson stated that an impact analysis had not been done with respect to the DISD. The DISD Planner indicated that the annexation of this area would have a large impact on the most overcrowded school in the district. She requested that information for the rest of the Council by the next public hearing. Council Member Durrance stated that the proposed plan was for single family residential development of 2.97 units per acre. He questioned what would be the equivalent in single family lot size. Hill stated that at this time it would be difficult to calculate that as there would have to be flood way dedication as well as right-of-way dedication subtracted from the site. There might also be some dedication of the flood plain. That would affect lot size but would not affect the overall density of the property. Council Member Durrance questioned if the dedication of a tract 3 park would also affect the calculations. Hill stated that if it were labeled as a park, a gross density would probably be used. The density would be calculated based on the total site but would not be able to build within that park area. That would probably somewhat reduce the lot sizes. He estimated that the lots would probably be 7,000 square foot lots. Council Member Kristoferson stated that there would be three parcels of SF-6. The Mayor opened the public hearing. Brenda Phillips stated that she was a homeowner directly adjacent to the proposal. At this point in time, she supported the annexation. The homeowners learned of the annexation on the weekend. Of the five homeowners who lived directly on the fence line of the annexation, three had received no notification. She requested Council notify homeowners in the future about annexation hearings. As a professor who specialized in disasters, she also requested that the Council analyze the existing floodplain in the proposed annexation. She had heard a number of different estimates about the flood plain and its location. It appeared to several of the adjacent homeowners that Tract 1C that was proposed for ten homes might be in or near the flood plain. That area might be difficult and expensive to develop. The proposed annexation and zoning indicated that a green belt and bike path would be created along the creek. She suggested developing that tract as part of an expanded park with an environmental science center for the DISD with the assistance from the two universities. She would City of Denton City Council Minutes January 5, 1999 Page 6 donate her time to organize such an effort. A neighborhood park in an area of projected significant growth and a children’s science center directly supported clearly defined priorities from the growth management plan and from the community workshop. Mayor Pro Tem Beasley stated that Council’s back-up indicated that the entire floodway and floodplain would be dedicated to the City as a park. She questioned if Phillips was asking the developer to give Tract 1C also. Phillips replied correct. Tary Arterburn, Mesa Design Group, stated that the property was 114 acres with approximately 31 acres of floodplain. Their proposal to the developer was to make a park dedication of that area. That would provide a good community park that would serve the surrounding areas. He felt that the developer would agree to develop some amenities in the proposed park area. A layout of the entire property was completed with 10,000 square foot lots. That number, considering if the floodplain were not there, would be approximately 341 lots. That was used as the model for density. Because a fairly significant portion, 30% or more, of the property was in the floodway or park, the proposal for zoning would be to collect the density on the western side of the property so that the net density would be equal to what 10,000 square foot lots would be. It included both 7,000 square foot lots and two tracts of 6,000 square foot lots. There would be approximately 100-6,000 square foot lots and 238-7,000 square foot lots. There was a need for some density to make this some kind of a financial reality for the developer. This could be a win-win situation for the City. He felt that the developer would be willing to discuss the proposed development for Tract 1C. He indicated that they would try to hold another neighborhood meeting prior to the Planning and Zoning Commission meeting next week. The Mayor closed the public hearing. He indicated that the Planning and Zoning Commission would be holding a public hearing on this proposal on January 13th and the second City Council public hearing would be January 19th. 16. The Council held a public hearing and considered rezoning 21.502 acres from an Agricultural (A) zoning district to a Multi-Family 1 (MF-1) zoning district. The property was legally described as Tract 9 in the D. Hough Survey (Abstract 646) and was located on the north side of Colorado Boulevard, just north of Mayhill Road. The proposal was to develop an apartment complex. (The Planning and Zoning Commission recommended approval (7-0) with conditions) (Z-98-055) Dave Hill, Director of Planning and Development, stated that there were three conditions placed on this proposal by the Planning and Zoning Commission. These conditions were that density would be limited to 20 units per acre, no group homes would be permitted and lighting would be designed so as to not shine or disturb surrounding residential property or into the night sky. The letters of opposition previously received had changed as of the morning. There were no letters of opposition. Two previous letters of opposition had been changed to one in favor and one neutral. The gross density limitations that were recommended by the Planning and Zoning Commission of 20 units per acre would allow for 450 units. If 10 acres of flood plain were taken out, the net density would be between 38 and 39 units per net acre after the floodway dedication took place. It was estimated that between 7 and 8 acres of floodway would be dedicated as part of the subdivision regulations. Sidewalks were required along any frontage and parkland dedication would also be required or a fee in lieu of land dedication. City of Denton City Council Minutes January 5, 1999 Page 7 Council Member Burroughs questioned the motion made by the Planning and Zoning Commission in regards to the number of units per acre. The minutes reflected “based on whatever was usable”. He felt that would be a limitation on the net usable acreage and not on the gross amount. Hill replied that “based on what was usable” could be interpreted as anything that would be taken out because of right-of-way dedication or dedication of flood way land. The Mayor opened the public hearing. Rob Rayner stated that some of the conditions on the commercial property dealt with the lighting on the property, screening of dumpsters, etc. There would be no access on the railroad right-of-way. He felt this was proper zoning for multifamily because of the flood way/flood plain area on the site. The three conditions presented were agreeable with the developers. He felt that density of 20 units per acre would be of the usable land that would result in 15 acres of land with 300 units. No more than that could be built due to the parking requirements. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 21.502 ACRES OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, JUST NORTH OF MAYHILL ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to amend the ordinance to allow 20 units per acre of usable acreage. 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. ITEMS FOR INDIVIDUAL CONSIDERATION 17. The Council considered adoption of an ordinance prohibiting parking on the east side of Pennsylvania Drive from Teasley Lane to Southmont Drive; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Dave Hill, Director of Planning and Development, stated that this was the end result of three groups working together. The Southmont Homeowners Association noticed that parking on the street appeared to be a hazard. The nearby Baptist Church would allow parking in its lot for the Catholic Church. The following ordinance was considered: City of Denton City Council Minutes January 5, 1999 Page 8 NO. 99-009 AN ORDINANCE PROHIBITING PARKING ON THE EAST SIDE OF PENNSYLVANIA DRIVE FROM TEASLEY LANE TO SOUTHMONT DRIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Beasley 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. 18. The Council considered approval of a resolution granting approval to the Denton County Housing Finance Corporation for the use of the proceeds of its series 1998 single family mortgage revenue bonds to finance home mortgages for single family homes located within the City of Denton. Kathy DuBose, Assistant City Manager for Finance, stated that this resolution would allow first time homeowners to participate in Denton County Housing Finance Corporation bonds. A resolution was needed by the Council in order for the homeowners to participate in the program. The following resolution was considered: NO. R99-001 A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 1998 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY OF DENTON. Beasley motioned, Burroughs seconded to adopt the resolution.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 whereby the City of Denton, Texas, grants to CoServ Gas a non-exclusive franchise to furnish, transport, sell and distribute gas to customers in Denton, Texas, for a period of ten (10) years for a franchise fee in the amount of 3% of revenues collected and providing definitions; providing a payment schedule and statement of revenues; providing franchise fee not in lieu of other fees and contract obligations; providing dependable gas supply at lowest reasonable costs; providing obligations regarding company facilities, long-range planning for capital improvement projects, City review of construction and design, requests by City for relocation of company facilities and work by others; providing for changing boundaries of City and abandonment; providing City not required to advance funds; providing for technological improvements; providing for compliance with City rules and regulations, Railroad Commission specifications and regulations, and environmental laws; providing office location, reports on company operations and activities and detailed bills; providing City held harmless and indemnification, notice to company, insurance and City of Denton City Council Minutes January 5, 1999 Page 9 bonds; providing payment of expenses incurred by City in relation to ordinance; providing right of first purchase, right to purchase or condemn, limitations of company removal of facilities, transportation and procurement of gas by City and curtailment; providing civil penalties, foreclosure, forfeiture and termination and other legal remedies; providing no waiver, rights of successors and assigns, representatives and notices, severability, entire agreement, company approval, annexation to the City and third parties; providing compliance with City Charter and application of terms in competing franchises; and providing an effective date. City Attorney Prouty stated that this was the first reading of this ordinance. Such a franchise required two reading for final passage of an ordinance. The following ordinance was considered: (First Reading) AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH, TRANSPORT, SELL AND DISTRIBUTE GAS TO CUSTOMERS IN DENTON, TEXAS, FOR A PERIOD OF TEN (10) YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3% OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY FACILITIES, LONG-RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS, CITY REVIEW OF CONSTRUCTION AND DESIGN, REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES AND WORK BY OTHERS; PROVIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADVANCE FUNDS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COMMISSION SPECIFICATIONS AND REGULATIONS, AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DETAILED BILLS; PROVIDING CITY HELD HARMLESS AND INDEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, TRANSPORTATION AND PROCUREMENT OF GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSURE, FORFEITURE AND TERMINATION AND OTHER LEGAL REMEDIES; PROVIDING NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION TO THE CITY AND THIRD PARTIES; PROVIDING COMPLIANCE WITH CITY CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, City of Denton City Council Minutes January 5, 1999 Page 10 Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 20. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 35 “Zoning” of the Code of Ordinances of the City of Denton by adopting Article XI “Corridor Overlay District”; providing a classification for designating roadways in Denton; establishing a site plan review process, establishing landscaping, architectural, screening, outdoor storage, limited visibility land use, traffic circulation, and sign guidelines; providing for a penalty in the maximum amount of $2,000.00 for the violation thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommended no further consideration of the draft ordinance, 4-2-1). Dave Hill, Director of Planning and Development, stated that originally the Planning and Zoning Commission had forwarded the ordinance to Council with a 4-3 vote for no further consideration. Council returned the ordinance to the Commission with amendments. The Commission again voted for no further consideration with a 4-1 vote. Mayor Miller indicated that the ordinance would require a supermajority vote as a result of the Planning and Zoning Commission action. The following individuals spoke on the issue: Steve Knight, 611 Fort Worth Drive, Denton, 76201 - opposition Don White, 2105 Savannah, Denton, 76205 - opposition Mayor Miller stated that he had speaker cards from the following individuals regarding the item who did not wish to address the Council: Tom Farlow, 3310 Santa Monica Drive, Denton, 76205 - opposition Joe Winkle, 1907 Virginia Street, Denton, 76205 - opposition Kristoferson motioned, Beasley seconded to adopt the ordinance. Council Member Cochran stated that he would be voting in favor of the ordinance but knew it would not pass due to the supermajority requirement. The press and some members of the community were reading a different ordinance other than the one he was going to vote in favor of. This ordinance would not raise taxes and would not drive out small business. The ordinance would provide a level of site plan review for areas along the corridors of the city. This was a move to enhance the community and not an effort to repress business. He felt that there were honorable motives for the consideration of this ordinance. Council Member Young stated that he would be voting against the motion due to the people. There had been a petition of 1,000+ names against the ordinance and there were many speakers at the public hearings against the ordinance. This ordinance would increase taxes due to businesses that would not locate here and small businesses that would go out of business due to the restrictions in the ordinance. The government should not set the standards of beauty. City of Denton City Council Minutes January 5, 1999 Page 11 Council Member Durrance stated that economic development and aesthetic improvement of the City were goals from a Council’s planning session. He felt it was important to note a January 1998 schedule of meetings on the corridor ordinance. There had been ample time for public comment on the issue. A vote against this ordinance was vote against what staff, citizens and others felt was needed for the community. Mayor Pro Tem Beasley stated that she would be voting for ordinance. She felt this was what the community wanted and expected for planning for orderly development Council Member Kristoferson stated that support of this ordinance went back six years, to the fall of 1993 with a community meeting for the VISION project. People at that meeting wanted more open space, more parks and a visually attractive community. Council Member Burroughs stated that managing growth was vital. Citizens wanted managed growth and not have helter skelter growth. He felt that growth could be managed with this type of ordinance. This ordinance was modified in order to allow for the uniqueness of Denton. Mayor Miller stated that when he decided to vote against this ordinance the necessity for a supermajority vote was not in place. This ordinance would not be a large tax burden on the businesses in Denton. His problem with the ordinance was that it was not needed. He was concerned with the appearance of the community but was not in favor of this particular ordinance. The ordinance assumed that the private sector would not do the right thing. If the ordinance failed he wanted to set up a task force of community members interested in the appearance of the community to look at guidelines regarding these issues. On roll vote on the motion to approve the ordinance, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 5-2 vote as a supermajority vote was needed. Council Member Kristoferson questioned if there were four Council votes to form a task force regarding this issue. She could not see participating in a task force at this point in time. Mayor Miller stated that as mayor he could appoint citizens to work on issues. 21. The Council consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Reed Consulting Group for consulting services pertaining to electric restructuring matters and the possible divestiture of the City’s electric generation and distribution assets; authorizing the expenditure of funds therefor; and providing an effective date. Sharon Mays, Director of Electric Utilities, stated that this item and the next accomplished the necessary support for the two requests for proposal. One was for the generation and the other was for facilities. Council Member Young indicated that he did not want to sell the electric system. He felt there had not been adequate citizen involvement with this issue. Employees would lose jobs and the dollars going City of Denton City Council Minutes January 5, 1999 Page 12 into the general fund would be lost. People in Denton did not want to sell the utility system. He would be voting against anything that dealt with the sale of the utility system. Mayor Miller indicated that this item was not to sell the system. This proposal would find what kind of market was available if Denton wanted to sell the system. A positive vote of the citizens was required to sell the distribution system. Mayor Miller indicated that Speaker Cards had been submitted regarding this item. The following individuals spoke: Don White, 2105 Savannah, Denton, 76205 - opposition Larry Bailey, 3819 W. University, Denton, 76207 - opposition Council expressed their concerns regarding the deregulation issues and the need for or need not for a consultant on the issue. The following ordinances were considered: NO. 99-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP FOR CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY’S ELECTRIC GENERATION AND DISTRIBUTION ASSETS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. NO. 99-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING FOR CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY’S ELECTRIC GENERATION AND DISTRIBUTION ASSETS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinances. 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. 22. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. J. Covington Consulting for consulting services pertaining to electric restructuring matters and the possible divestiture of the City’s electric generation and distribution assets; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes January 5, 1999 Page 13 This item was considered with Item #21. 23. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute amendment number three to the professional services agreement for consulting services with R. J. Covington Consulting relating to the Denton Municipal Electric Utility, dated February 16, 1998; providing for additional professional services to be performed related to electric restructuring and regulatory matters, by adding Task Order 98-E; authorizing the expenditure of additional funds therefore; and providing an effective date. (The Public Utility Board recommended approval 4-0.) The following ordinance was considered: NO. 99-012 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER THREE TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES WITH R. J. COVINGTON CONSULTING RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY, DATED FEBRUARY 16, 1998; PROVIDING FOR ADDITIONAL PROFESSIONAL SERVICES TO BE PERFORMED RELATED TO ELECTRIC RESTRUCTURING AND REGULATORY MATTERS, BY ADDING TASK ORDER 98- E; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Cochran 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. 24. The Council considered adoption of an ordinance providing for the abandonment of a 0.5493 acre tract of land constituting a portion of the public street right-of-way located generally within West Prairie Street between Bonnie Brae Street and the frontage road for Interstate Highway 35; providing a reservation within such acreage for public utility easement purposes; providing for the execution of a quit-claim deed to the Texas Department of Transportation for the portion of the public right-of-way being abandoned and providing an effective date. (The Planning and Zoning Commission recommended approval 4-0.) Dave Hill, Director of Planning and Development, stated that this was an ordinance providing for abandonment of a portion of West Prairie Street. The Texas Department of Transportation owned the property north of the area to be abandoned. This ordinance would allow them to consolidate their holdings. NO. 99-013 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A 0.5493 ACRE TRACT OF LAND CONSTITUTING A PORTION OF THE PUBLIC STREET RIGHT- OF-WAY LOCATED GENERALLY WITHIN WEST PRAIRIE STREET BETWEEN BONNIE BRAE STREET AND THE FRONTAGE ROAD FOR INTERSTATE HIGHWAY 35; PROVIDING A RESERVATION WITHIN SUCH ACREAGE FOR City of Denton City Council Minutes January 5, 1999 Page 14 PUBLIC UTILITY EASEMENT PURPOSES; PROVIDING FOR THE EXECUTION OF A QUIT-CLAIM DEED TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PORTION OF THE PUBLIC RIGHT-OF-WAY BEING ABANDONED AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley 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. 25. The Council considered adoption of an ordinance approving the real estate contract between the City of Denton and Barbara Kaye Whitson, individually, and as independent executrix of the estate of Corine A. Doakes and Ada Lucile Lowe (formerly Ada Lucile Wilson), relating to the purchase of 0.156 acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommended approval 5-0.) The following ordinance was considered: NO. 99-014 AN ORDINANCE APPROVING THE REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BARBARA KAYE WHITSON, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF CORINE A. DOAKES AND ADA LUCILE LOWE (FORMERLY ADA LUCILE WILSON), RELATING TO THE PURCHASE OF 0.156 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”,Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 26. The Council considered adoption of an ordinance approving the real estate contract between the City of Denton and Mary B. Copeland, widow of H. L. Copeland relating to the purchase of 1.20 acres of land for constructing drainage improvements in the Mockingbird Street area; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommended approval 7-0.) The following ordinance was considered: NO. 99-015 AN ORDINANCE APPROVING THE REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY B. COPELAND, WIDOW OF H. L. COPELAND RELATING TO THE PURCHASE OF 1.20 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE MOCKINGBIRD STREET AREA; City of Denton City Council Minutes January 5, 1999 Page 15 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley 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. 27. The Council considered approval of a resolution relinquishing approximately 35.781 acres of land within its Extraterritorial Jurisdiction to the Town of Bartonville, so that Bartonville may institute annexation proceedings with respect to such area. Dave Hill, Director of Planning and Development, stated that the proposed property was located within Denton’s ETJ. The usual procedure was to first relinquish the ETJ to make certain that the intent of the neighboring municipalities was clear. Denton had received a request to place this property in Bartonville’s ETJ. A letter from the City of Argyle to the Town of Bartonville indicated that there were no objections to being annexed by Bartonville. The following resolution was considered: NO. R99-002 A RESOLUTION RELINQUISHING APPROXIMATELY 35.781 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION TO THE TOWN OF BARTONVILLE, SO THAT BARTONVILLE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 29. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Burroughs requested information concerning a formal notification process for annexations. B. Council Member Burroughs requested information regarding a formal policy for zoning, annexations and downzoning by Council subject to a petitioner. 30. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas Open Meetings Act. 31. The following official action was taken on Closed Meeting items held under Section 551-071– City of Denton City Council Minutes January 5, 1999 Page 16 551.085 of the Texas Open Meetings Act: Young motioned, Beasley seconded to grant a 2% pay adjustment for the City Manager, Municipal Judge and City Attorney similar to what other city employees would be receiving. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 10:25 p.m.. __________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS