Minutes April 13, 1999 CITY OF DENTON CITY COUNCIL MINUTES
April 13, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, April 13, 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. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
Discussed and consulted with the City’s attorney, including outside legal counsel,
litigation styled City of Denton v. Denton County Fresh Water Supply District No.
1A and Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-
nd
362, filed in the 362 District Court of Denton County, Texas, including strategy
and possible settlement negotiations.
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 Work Session on Tuesday, April 13, 1999 at 6:00 p.m. in the 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 received a report, held a discussion and gave staff direction regarding an Impact
Fee Feasibility Study. The study addresses Transportation Impact Fees, Drainage Impact Fees,
and Impact Fee Policy Options, and has been prepared by Duncan Associates of Austin, Texas.
Jim Duncan stated that the scope of the study included the feasibility of implementing impact
fees for roadway and drainage facilities. The report also identified various policy options for the
design of “variable rate” fees. In the area of transportation fees, it was found that the needed
facilities were ineligible for funding or would be funded by developers through the existing
exaction process. A fee system would require nine service areas with wide fees and the fee
system would require expensive modeling. Recommendations for a drainage impact fee were to
consider a fee in the Hickory Creek watershed and consider a city-wide utility fee. Policy
options included growth management policies that dealt with differential fees by service area and
density-adjusted fees for water/wastewater lines. Housing affordability, another policy option,
dealt with size of housing unit, size of residential lot, number of water fixtures, and number of
garages. Regional competitiveness was a third policy option. A recommendation from the study
indicated that the City needed to decide whether it was more important to keep fees as low as
possible or to recover growth-related costs in order to fund line extensions needed to preserve its
service area. The agenda materials included a detailed analysis of the study’s recommendations.
City of Denton City Council Minutes
April 13, 1999
Page 2
Council Member Cochran stated that he was opposed to a utility fee that required a monthly
charge on existing customers as it was a regressive form of taxation.
Council Member Burroughs asked if a drainage impact fee were implemented, would it have an
effect on an exaction fee.
Duncan replied yes as both could not be done if it were an off-site improvement.
Mayor Miller felt there was no need to change policies at this point in time.
Martin stated that there would be more data available after completion of the comprehensive
plan.
Council Member Kristoferson felt there would be a need to return to this issue at a later date.
Council Member Durrance felt there was a need to proceed with transportation impact fees. He
was concerned about assumptions that were unsupported at this point in time. Those already
here should not be taxed but rather it should be the responsibility of those newly affecting the
systems.
Consensus of Council was to revisit the issues at a later date.
2. The Council received a report, held a discussion and gave staff direction regarding the Parks,
Recreation & Open Space; Urban Design, “The Street” and “The Edge” sections of the Draft
Comprehensive Plan.
Ed Hodney, Director of Parks and Recreation, stated that the basis for the recommendations and
strategies were an analysis adopted local standards. Goals and strategies included distribution of
parks with a goal to ensure the adequate and equitable distribution of parks, open space and
recreation facilities. Other goals and objectives included park and open space acquisition,
financial effectiveness, and responsiveness. Details on these goals and objectives were included
in the agenda materials.
Jerry Clark, City Engineer, reviewed the “Street” section of the proposed comprehensive plan.
Specific goals and objectives with recommendations were included in the agenda materials.
Dave Hill, Director of Planning and Development, reviewed the Urban design section as found in
the back-up materials. He also reviewed the “Edge” section of the plan that was detailed in the
agenda materials.
3. The Council received a report, held a discussion and gave staff direction regarding the
annexation of 65.174 acres located on the south side of Nowlin Road on the east side of FM
2181 (Teasley Lane) generally opposite Hickory Creek Road in the extraterritorial jurisdiction of
the City of Denton, Texas. The proposal is to develop the property for commercial (C) zoning
district, multi-family residential (MF-2) zoning district and single-family residential (SF-7)
zoning district.
City of Denton City Council Minutes
April 13, 1999
Page 3
Dave Hill, Director of Planning and Development, stated that this was a voluntary annexation.
Staff was requesting Council direction on whether or not to proceed with this annexation
process.
Council Member Kristoferson questioned whether to split the annexation with the zoning
request.
City Attorney Prouty stated that the annexation was split from the zoning during the first reading
of the annexation ordinance. Final action of the zoning would have to take place following the
second reading of the annexation.
Consensus of the Council was to split the annexation from the zoning request.
4. The Council received a report, held a discussion and gave direction to staff with regard to the
possible annexation of three tracts of land:
A. Trinity Meadows – approximately 80.7 acres south of McKinney Street (FM 426)
near its intersection with Trinity Road. A manufactured housing development
was proposed.
B. Mesquite Meadows – approximately 100.2 acres north of Loop 288, between
Stuart and N. Locust Streets. Subdivision into two large lots was proposed. No
specific development proposal had been stated.
C. Lubbers Addition – approximately 19 acres south of Edwards Road between
Mayhill Road and Swisher Road. A manufactured housing development was
proposed.
Dave Hill, Director of Planning and Development, stated that Council had given permission to
begin the annexation of Trinity Meadows and Mesquite Meadows. He was confirming that
Council wanted to keep on schedule with the involuntary annexation. The developers were all
expressing interest in platting and staff was not certain that involuntary annexation would allow
annexation in place prior to subdivision improvements. Staff was recommending annexation at
this point in time.
Consensus of the Council was to proceed.
5. The Council received an update and gave staff direction concerning the establishment of
regulations regarding the installation of surface irrigation systems and drinking water wells
within the City of Denton.
This item was not considered.
6. The Council received a report, held a discussion and gave staff direction regarding the
appointment of a special Citizen’s Advisory Committee to study capital improvement needs and
make a recommendation for projects to include in a January 2000 bond election.
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April 13, 1999
Page 4
Rick Svehla, Deputy City Manager, stated that with the last committee in 1995, each member
appointed 7 members to the committee with the entire Council appointing the chair. Staff was
recommending that same procedure. The existing 1995 committee also recommended a carry-
over committee for future watching of the bond projects.
Consensus of Council was to proceed with the schedule and procedure as outlined in the back-up
materials.
Following the completion of the Work Session the Council convened into a Special Called
Session.
1. The Council considered adoption of an ordinance amending Ordinance No. 99-057, as
amended, ordering an election to be held on May 1, 1999 and the amending ordinances, for the
purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City
Charter by amending Amendment No. 25 and Proposition No. 16 to clarify that the amendment
refers to City officers and employees; to amend Proposition No. 5 to make a minor change in
wording; ratifying previous actions of employees; providing a severability clause; providing a
savings clause; providing an Open Meetings clause; and providing an effective date.
The following ordinance was considered:
NO. 99-133
AN ORDINANCE AMENDING ORDINANCE NO. 99-057, AS AMENDED,
ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 AND THE AMENDING
ORDINANCES, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED
VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY
CHARTER BY AMENDING AMENDMENT NO. 25 AND PROPOSITION NO. 16 TO
CLARIFY THAT THE AMENDMENT REFERS TO CITY OFFICERS AND
EMPLOYEES; TO AMEND PROPOSITION NO. 5 TO MAKE A MINOR CHANGE
IN WORDING; RATIFYING PREVIOUS ACTIONS OF EMPLOYEES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
OPEN MEETINGS CLAUSE; AND PROVIDING 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.
2. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to execute confidentiality agreements between the City and potential bidders or
acquirers participating in the divestiture process respecting the City’s electric system assets; and
providing an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
April 13, 1999
Page 5
NO. 99-134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE CONFIDENTIALITY AGREEMENTS BETWEEN THE
CITY AND POTENTIAL BIDDERS OR ACQUIRERS PARTICIPATING IN THE
DIVESTITURE PROCESS RESPECTING THE CITY’S ELECTRIC SYSTEM
ASSETS; AND PROVIDING AN EFFECTIVE DATE.
Beasley 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.
3. There was no official action on Closed Meeting items held under Section 551-071–551.085
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:50 p.m.
_______________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS